Sportcial, LLC Participation Waiver and Release of Liability
READ BEFORE SIGNING
In consideration of being allowed to participate in any way in Sportcial, LLC athletic sports program(s), related events, and activities, the undersigned acknowledges, appreciates, and agrees that:
1) Eligibility and Physical Condition: I am at least 21 years of age. I should consult a physician before participating in any sports program or related event. I represent that I am in good physical condition and have no medical reason or impairment that might prevent me from participating in the activities of this program. I agree to stop participating and seek medical advice if I experience faintness, dizziness, pain, or shortness of breath while participating in any Sportcial, LLC athletic sports program(s), related event, or activity.
2) Assumption of Risk: I understand that the risk of injury from the activities involved in this program is significant, whether caused by myself or someone else. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, including catastrophic injuries such as severe illness, permanent paralysis, or death. While particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist. I UNDERSTAND AND VOLUNTARILY ACCEPT AND ASSUME ALL SUCH RISKS, both known and unknown, and agree that Sportcial, LLC, its officers, directors, employees, volunteers, agents and independent contractors will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, economic loss or any damage to myself, my spouse, guests, unborn child, or relatives resulting from the negligence of Sportcial, LLC or anyone on Sportcial, LLC's behalf or anyone else, whether related to the activities or not. I agree to indemnify, defend and hold Sportcial, LLC harmless against any liability, damages, defense costs, including attorneys' fees, or any other costs incurred in connection with claims for bodily injury, wrongful death or property damage caused by my own negligence or other wrongful acts or omissions. I further agree to hold harmless, defend and indemnify Sportcial, LLC from all liability, damages, defense costs, including attorneys' fees, or any other costs incurred in connection with claims for bodily injury, wrongful death or property damage brought by myself, my guests, or minors, even if Sportcial, LLC was negligent.
3) Communicable Illness: I understand that group sports and social events bring me into close contact with other people and may expose me to contagious illnesses, including COVID-19, influenza, and other viruses and bacteria, which can cause serious illness, permanent disability, or death. I VOLUNTARILY ASSUME THE RISK of being exposed to or infected by any contagious illness through my participation in any Sportcial, LLC athletic sports program(s), related event, or activity, whether that exposure results from the actions, omissions, or negligence of myself or others, including Sportcial, LLC, its employees, volunteers, and other participants, and whether an infection occurs before, during, or after my participation.
4) Rules, Conduct and League Policies: I agree to follow the rules of the game, the instructions of Sportcial, LLC staff and officials, and the Sportcial League Policies published on the Sportcial website, including its policies on payments, refunds, weather, and conduct. If I observe any hazard during my presence or participation, I will remove myself from participation and bring it to the attention of the nearest Sportcial, LLC representative immediately. I understand that if I do not follow the rules of the game or the League Policies, or if I play while intoxicated or there is any suspicion that I am intoxicated, I may be removed from play and will not receive a refund.
5) Alcohol: Some Sportcial, LLC programs, events, and activities take place at or near bars, restaurants, and other venues that serve alcohol. I am solely responsible for my own decisions about alcohol and for how I travel to and from every event, and I will not drive while impaired. I ASSUME ALL RISKS associated with consuming alcohol before, during, or after any Sportcial, LLC program, event, or activity.
6) Release: I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Sportcial, LLC, its directors, officers, officials, agents, volunteers and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event ("RELEASEES"), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
7) Media Release: I hereby authorize Sportcial, LLC and/or its affiliates to publish photographs, video, and other media taken of me while participating in any event, and my name and likeness, for use in Sportcial's print, online (including but not limited to its website and social media sites), and video-based marketing materials, as well as other Sportcial, LLC publications. I hereby release and hold harmless Sportcial, LLC from any reasonable expectation of privacy or confidentiality associated with those media. I acknowledge that my participation is voluntary, that I will not receive financial compensation of any type associated with the taking or publication of these media or my appearance in Sportcial marketing materials or other Sportcial publications, and that publication of these media confers no rights of ownership or royalties whatsoever. I hereby release Sportcial, LLC, its contractors, its employees, and any third parties involved in the creation or publication of marketing materials from liability for any claims by me or any third party in connection with my participation.
8) Account: If applicable, I consent to Sportcial, LLC creating an account for me in its registration system to track my participation in Sportcial, LLC programs, and to contacting me by email about the programs I register for.
9) Electronic Signature: I agree that checking the box and typing my name below is my electronic signature on this Waiver, and that it has the same legal effect as a handwritten signature.
10) Governing Law and Severability: This Waiver shall be governed by and construed under the laws of the State of Ohio, exclusive of choice of law provisions, and the state or federal courts located in Montgomery County, Ohio shall be the forum for any disputes arising hereunder. This Waiver is intended to be as broad and inclusive as permitted by the laws of the State of Ohio. If any portion of it is held invalid, the remainder shall continue in full legal force and effect.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
