In consideration for my minor child (the “Participant”) being allowed to participate in any and all lessons, practice, training, tournaments, showcases, events, travel, or other activities offered by or associated with The Main Line Field Hockey Club, LLC (“MLFHC”) (hereinafter deemed “MLFHC Activity” or “MLFHC Activities”), I, as the natural parent and/or as the legally authorized guardian acknowledge, appreciate and agree that:
1. The risk of injury to the Participant from MLFHC Activities is significant. These risks include, but are not limited, to:
a. physical injury, including the potential for permanent injury, disability, or paralysis, and death;
b. exposure to bacteria, virus, fungus, parasite, communicable disease (such as methicillin-resistant staphylococcus aureus (“MRSA”), influenza, coronavirus disease 2019 (“COVID-19”)) or other harmful matter and resulting infection, illness, and/or disease as a result of being in close physical proximity and/or contact with other participants in MLFHC Activities;
c. exposure to bacteria, virus, fungus, parasite, communicable disease (such as MRSA, influenza, or COVID-19) or other harmful matter and resulting infection, illness, and/or disease as a result of exposure to or use of fomites, including equipment, protective gear, apparel, or other belongings whether or not owned by MLFHC; and
d. unpredictable or unsafe physical conditions of the premises and/or facilities where MLFHC Activities occur. While training, skills, equipment, personal discipline, and other mitigation efforts may reduce the risk of injury to the Participant, such risk of injury cannot be eliminated and will always exist while participating in MLFHC Activities.
2. I understand and fully acknowledge that the Participant’s participation in MLFHC Activities is solely at our own risk and I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM NEGLIGENCE OF THE RELEASEES (as defined below) or others, and assume full responsibility for the Participant’s participation in MLFHC Activities.
3. I agree that the Participant will comply with the customary safety-related protocols associated with and expected for participation in MLFHC Activities. If, however, I or the Participant observe any hazard during my presence at or participation in MLFHC Activities, I will remove the Participant and myself from the MLFHC Activity and notify MLFHC of such hazard immediately.
4. I certify that the Participant is physically and mentally fit to participate in MLFHC Activities and has not been advised by a qualified medical professional not to participate in any physical activity, including MLFHC Activities. I certify that there are no health-related reasons or problems which preclude the Participant from participating in MLFHC Activities and that I have disclosed any underlying medical conditions from which the Participant suffers.
5. I understand and agree that MLFHC retains the right to prohibit any individual from participating in MLFHC Activities for any reason and without advance warning. MLFHC is not required to return, refund, or repay any costs or fees as a result of its decision to exercise its right to prohibit an individual from participating in MLFHC Activities.
6. I, for myself, my spouse, the Participant, my predecessors, successors, heirs, administrators, assigns, agents, representatives, trustees, attorneys and affiliates (the “Releasors”), hereby irrevocably and unconditionally release, waive, and forever discharge MLFHC and each of its owners, administrators, assigns, partners, officers, directors, agents, representatives, trustees, attorneys, affiliates and all affiliated companies, employees, coaches, volunteers, spectators, contractors, subcontractors, owners and/or landlords of the premises and/or facilities used by MLFHC, and all persons acting by, through, under, or in concert with them, or any of them, (the “Releasees”) with respect to any and all known or unknown, foreseen or unforeseen, injuries, illness, disability, death, loss or damage to person or property, expense, cost(s), fees and expenses (including attorneys’ fees and costs or any nature whatsoever) or other source of liability or damages arising from, relating to, or in connection with the Participant’s presence at or participation in MLFHC Activities INCLUDING ANY NEGLIGENCE ON THE PART OF THE RELEASEES.
7. I HEREBY AGREE NOT TO SUE OR MAKE CLAIMS AGAINST THE RELEASEES AND FORFEIT ALL MY RIGHTS TO DO SO.
8. The Releasors agree to fully warrant, indemnify, and hold harmless the Releasees against any and all liability, claims, demands, lawsuits, actions, motions or other proceedings arising from, relating to, or in connection with the Participant’s presence at or participation in MLFHC Activities, WHETHER ARISING FROM, RELATING TO, OR IN CONNECTION WITH THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, including claims brought by or on behalf of the Participant, to the fullest extent permitted by law. This indemnification provision includes but is not limited to any and all expenses, attorneys’ fees, and other costs of the Releasees.
9. I agree that I will not hold the Releasees responsible for any claim resulting from any medical treatment the Participant requires as a result of the Participant’s presence at or participation in MLFHC Activities. I certify that the Participant currently has medical/health insurance to cover any injuries that he/she may sustain during his/her participation in the activities of MLFHC.
10. This Agreement, as well as any other dispute between myself and MLFHC, shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania without regard to conflict of law principles. Jurisdiction and venue for any disputes arising out of or related to the Participant’s involvement in MLFHC Activities or this Agreement shall be exclusively in the Court of Common Pleas of Montgomery County, Pennsylvania.
11. This Agreement contains the entire agreement between myself and MLFHC concerning its subject matter. This Agreement supersedes any prior agreements or understandings between me and MLFHC concerning the subject matter of this Agreement and will remain in effect unless and until terminated or replaced by a new written agreement.
12. If any provision of this Agreement shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of its requiring any steps, actions or results, the remaining parts or portions of this Release shall remain in full force and effect.
I HAVE READ THE FOREGOING ACKNOWLEDGMENT OF RISK, RELEASE OF LIABILITY INDEMNIFICATION AGREEMENT, AND COVENANT NOT TO SUE AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.