East Bay Youth Sports Participant Release of Liability and Assumption of Risk
In consideration of being permitted by East Bay Youth Sports (hereinafter referred to as EBYS) to participate in its activities and to use its equipment and facilities, I hereby agree to release, indemnify and dischargeEBYS, Walnut Creek Sports, its agents, owners, directors, coaches, partners, employees, volunteers, manufacturers, participants, lessors, affiliates, its subsidiaries, related and affiliated entities, successors and assigns (the “RELEASED PARTIES”), on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1)I acknowledge that my or my CHILD/WARD’sparticipation in EBYS programs and activities entail known and unknown risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things:
a) Tackle or Flag Football, Baseball, Soccer, Basketball and other youth recreational sports (hereinafter referred to as EBYS programs) entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the sports. EBYS programs expose its participants to the usual risk of cuts and bruises. Participants often fall to the ground, collide with other participants, can sprain or break wrists, ankles, legs, arms, ribs, hands, back and feet, sustain dental damage and can suffer more serious injuries as well. Other more serious risks include head or neck injuries and even death. Other injuries not listed may be sustained that would normally be expected to occur from engaging in an active, fast paced recreational sport.
b) EBYS in many cases modifies the standard structure, rules and manner of play in order to create an activity that lessens the risk of injury but in no way certifies that these activities are free from potential harm.
c) Furthermore, EBYS coaches and staff have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might become loose, out of adjustment, or malfunction. There is also a risk that EBYS coaches and staff may be negligent in, among other things, monitoring and supervising use of its equipment and in the maintenance and repair of its equipment.
- I expressly agree and promise to accept and assume all of the risks existing in this activity. My or my legal charge’s (child’s) participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I also expressly agree that this assumption of risk extends to spectators and sibings present to observe the activity of the participant to whom I am charged.
- from any and all claims, demands, or causes of action, which are in any way connected with my or my CHILD/WARD’sparticipation in this activity or my use of EBYS equipment or facilities, including any such claims which allege negligent acts or omissions of RELEASED PARTIES to the fullest extent allowed by law. Should EBYS or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
6.. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
7. I agree that this Release of Liability and Assumption of Risk agreement is made on behalf a minor participant and that all of the releases, waivers and promises herein are binding on that minor participant. I represent that I have full authority as Parent or Legal Guardian to bind the minor participant to this agreement.
- which are brought by, or on behalf of the minor, and which are in any way connected with such use or participation by the minor, including injuries or damages caused by the negligence of RELEASED PARTIES to the fullest extent allowed by law, except injuries or damages caused by the gross negligence or willful misconduct of the party seeking indemnity.
9. I understand and agree that EBYS does not offer refunds for any reason at any time and that commitment to participate is made upon execution of this registration contract.
10. I promise to pay all balances due no later than the end of the registered season. Balances due include but are not limited to fees, damaged, lost or unreturned equipment or any other balance which may be due as a result of my child's participation in the program. I authorize payment for balances due to be charged to the payment instrument used to enter into this contract.
11. I hereby expressly waiver all rights under Section 1542 of the Civil Code of the State of California, and under any and all similar laws of any jurisdiction. I am aware that said Section 1542 of the Civil Code provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
By signing this document, I acknowledge that if anyone is hurt or property damaged during my or my legal charge’s (child’s) participation in this activity, I may be found by a court of law to have waived my or the minor participant’s right to maintain a lawsuit against EBYS or any RELEASED PARTIES on the basis of any claim from which I have released them herein.