BAYS Participant Release of Liability and Assumption of Risk
In consideration of being permitted by Bay Area Youth Sports (hereinafter referred to as BAYS) to participate in its activities and to use its equipment and facilities, I hereby agree to release, indemnify and discharge BAYS, its agents, owners, directors, coaches, partners, employees, volunteers, manufacturers, participants, lessors, affiliates, its subsidiaries, related and affiliated entities, successors and assigns (the “RELEASED PARTIES”), I 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’s participation in BAYS 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:
Tackle or Flag Football, Baseball, Soccer, Basketball and other youth recreational sports and other BAYS activities entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. BAYS programs expose its participants to the usual risk of cuts and bruises. Participants may 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 or other recreational sport or activity.
- I expressly agree and promise to accept and assume all of the risks and responsibilities existing in activities offered by BAYS. My or my legal charge’s (child’s) participation in this activity is purely voluntary and I elect to allow my legal charge (child) to participate in spite of the risks.
- I hereby voluntarily release, forever discharge, and agree to defend, indemnify and hold harmless RELEASED PARTIES from any and all claims, demands, or causes of action, which are in any way connected with my or my CHILD/WARD’s participation in this activity or my use of BAYS equipment or facilities, including any such claims which allege negligent acts or omissions of RELEASED PARTIES to the fullest extent allowed by law. Should BAYS 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.
- I certify that I have adequate insurance to cover any injury or damage that I or my legal charge (child) may cause or suffer while participating. I certify that I will immediately notify BAYS in writing should this condition change. I also certify that my legal charge (child) is healthy and fit enough to participate in the BAYS programs and that I have disclosed any and all physical, mental or emotional conditions that may affect his/her participation.
- 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.
- 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.
- I agree that if the participant is a minor, I further agree to defend, indemnify and hold harmless BAYS from any and all claims or suits for per- sonal injury, property damage or otherwise 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.
- I understand and agree by completing this registration and submitting it that there are no refunds at any time for any reason and that commitment to participate is made upon execution of this agreement.
9 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 CREDI- TOR 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.
- With respect to chargebacks, I understand that this remedy is available to me to protect me from non receipt of services or fraudulent use of my payment instrument. In the event I institute a chargeback procedure that is fraudulent or improper on my part, I agree that I will compensate BAYS at a maximum of 2x the amount of the chargeback requested.
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 BAYS or any RELEASED PARTIES on the basis of any claim from which I have released them herein.