ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT
I and/or my child (collectively “I,” “me,” or “my”) understand and acknowledge that I have voluntarily chosen to participate in activities conducted by Dime Volleyball Center, a California corporation, including but not limited to indoor, outdoor, and sand volleyball; weight, strength, and fitness training and instruction; participation in leagues, competitions, tournaments, camps, or special events (the “Dime Volleyball Activities”) and use of buildings, locker rooms, indoor and outdoor volleyball courts, including sand courts, fitness equipment, weights, and other facilities owned or used by Dime Volleyball (hereinafter collectively referred to as “use of the facilities”). In consideration for my being allowed to participate in the Dime Volleyball Activities and the use of the facilities, I hereby agree to release and discharge from all liability Dime Volleyball Center, a California corporation and each of its agents, owners, shareholders, members, affiliates, officers, directors, volunteers, employees, coaches, instructors, tournament sponsors, contractors, all other persons or entities acting in any capacity on their behalf, and any contracted gyms or facilities it uses, (hereinafter collectively referred to as “Dime Volleyball”), on behalf of myself, my children, my parents, my heirs, assigns, personal representatives, guardians and estate as set forth herein.
1. ACKNOWLEDGMENT OF RISK: I recognize that there are inherent and other risks, which may or may not all be listed in this document, associated with the Dime Volleyball Activities. These dangers include but are not limited to falling; striking padded or unpadded surfaces; being injured by balls, posts, other objects, or the actions or inactions of participants, instructors, or spectators; equipment failures; risks associated with playing volleyball on hard surfaces and sand; risks associated with encounters with animals and insects; potential exposure to communicable disease such as viruses and bacteria in connection with use of the facilities; and illness or injury resulting from engaging in physical activity. I recognize that if I encounter these risks, serious injury or death may result, and I understand that no amount of care, caution, instruction or expertise can eliminate these risks. I understand that I alone am responsible to decide whether to engage in the Dime Volleyball Activities. I confirm that I am physically and mentally capable of participating in the Dime Volleyball Activities, and I understand that if my mental or physical condition changes after the execution of this agreement such that I am not capable of participating in the Dime Volleyball Activities, I am obligated to cease participating in the Dime Volleyball Activities. I understand that it is my responsibility to comply with all posted procedures, including safety procedures and hygiene procedures intended to lessen the likelihood of the spread of disease between participants and/or staff.
2. ASSUMPTION OF RISK: Despite the risks involved and as consideration for being allowed to participate in the Dime Volleyball Activities, I AGREE TO EXPRESSLY ASSUME ANY AND ALL RISK OF INJURY OR DEATH that might be associated with my participation in the Dime Volleyball Activities and use of the facilities.
3. AGREEMENT NEVER TO SUE: I AGREE NEVER TO SUE AND TO RELEASE FROM LIABILITY Dime Volleyball Center, a California corporation and each of its agents, owners, shareholders, members, affiliates, officers, directors, volunteers, employees, coaches, instructors, tournament sponsors, contractors, all other persons or entities acting in any capacity on their behalf, and any contracted gyms or facilities it uses, for any damage, injury or death to me arising from participation in the Dime Volleyball Activities or use of the facilities, regardless of cause, including the ALLEGED NEGLIGENCE of Dime Volleyball, including claims of negligent instruction, with the exception of claims that cannot be released under applicable law. I understand that this RELEASE OF LIABILITY will prevent me, my child, and my heirs from filing suit or making any claim for damages in the event of injury or death arising from my participation in the Dime Volleyball Activities or use of the facilities. I UNDERSTAND THIS IS A RELEASE OF LIABILITY that will apply whenever I participate in the Dime Volleyball Activities or use of the facilities, and that each time I use the facilities and/or engage in the Dime Volleyball Activities, that will constitute a renewal and reaffirmation of my and acceptance of this agreement.
4. INDEMNITY: If I, my child, my heir, my estate, or my legal representative files a claim or a lawsuit arising out of my participation in the Dime Volleyball Activities or use of the facilities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Dime Volleyball for any and all damages, attorney’s fees, and costs arising out of such a claim or a lawsuit. If I execute this agreement on behalf of another person, I certify that I am authorized to execute this agreement on their behalf and agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS Dime Volleyball in the event that person brings a claim and contends that I was not authorized to execute this agreement.
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5. GOVERNING LAW, JURISDICTION AND SEVERABILITY: I agree that this Waiver and Release of Liability shall be governed by California law and construed as broadly as permissible under the law. In the event that I file a lawsuit against Dime Volleyball, I agree to do so solely in the State of California, Orange County Superior Court. I agree that if any portion of this Waiver and Release of Liability is held to be invalid, the rest shall nonetheless remain in full force and effect. This document constitutes the entire agreement between the parties and it cannot be changed or modified except in writing.
6. PHOTO AND VIDEO RELEASE: I acknowledge that Dime Volleyball and other participants may photograph or videotape the DIME Volleyball Activities. I agree that Dime Volleyball may use these recordings in any way without compensation to me including, but not limited to, for marketing purposes and as evidence in any litigation.
7. DIME CODE OF CONDUCT: Dime players and families agree at all times to abide with Dime’s Code of Conduct. Whether at practice or at any other Dime event, all players and families are expected to behave in accordance with the policies set forth below, or be subject to disciplinary action, including expulsion from Dime and forfeiting any fees previously paid. Any decisions made by Dime in enforcing this Code of Conduct shall be made in Dime’s sole and absolute discretion and are final. Dime players and families agree to:
Obey the instructions of Dime coaches, staff and any tournament staff at all times.
Not disrupt the coach-player dynamic. Specifically, families are not allowed to coach their player or any other player
during practices or tournaments or interact with any players for any reason.
Never enter the court/playing surface at any time during practices and/or tournaments for any reason whatsoever.
Never approach a coach or any other Dime staff member during tournaments to question/ discuss their child’s playtime,
playtime of any other player on the team, and/or any other strategic coaching decision. Failure to follow this rule will
trigger automatic player suspension for that tournament. A second occurrence may trigger player expulsion from Dime.
Avoid the use of abusive, threatening, or harassing language at any time.
Refrain from making negative and/or demeaning comments towards any players or players on opposing teams.
Refrain from provoking or engaging in any type of physical violence or public disturbance at any time at any club function
or event.
8. KNOWING AND VOLUNTARY EXECUTION: I have carefully read this Agreement and fully understand its contents. I am aware that this is a release of liability between me, Dime Volleyball Center, a California corporation and each of its agents, owners, shareholders, members, affiliates, officers, directors, volunteers, employees, coaches, instructors, tournament sponsors, contractors, all other persons or entities acting in any capacity on their behalf, and any contracted gyms or facilities it uses, and I acknowledge its contents and agree to the terms, conditions, and contents fully of my own free will.
9. ADDITIONAL PROVISIONS RELATED TO RISKS REGARDING COVID-19: The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact, including individuals without disease symptoms. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited or limited the congregation of groups of people.
A. VOLUNTARY PARTICIPATION: I, the undersigned, acknowledge that I have voluntarily enrolled my child (the “Player”) to participate in volleyball training clinics run by Dime Volleyball at various indoor gymnasiums (the “gym”).
B. AGREEMENT TO ABIDE: All participants in sponsored activities at any Dime Volleyball events must agree to and abide by a set of specific conditions. I, the undersigned, and the Player acknowledge and agree to abide by conditions including, but not limited to the following:
• No one may enter the gym if you have COVID-19, you or family members have been exposed to COVID-19, you have been in contact with someone who has contracted COVID-19, or you are feeling sick.
Participants must sanitize hands prior to gym entry.
Keep social distancing when not training.
DO NOT PARTICIPATE IN TRAINING IF YOU:
• Are exhibiting any symptoms of the coronavirus: mild to severe respiratory illness with fever, cough and difficulty breathing, or other symptoms identified by the CDC have been in contact with someone with COVID-I9 in the last 14 days.
• Are a vulnerable individual according to CDC guidelines and/or those of your state or local government. Vulnerable individuals include the elderly, individuals with serious underlying health conditions, including high blood pressure, chronic lung disease, diabetes, obesity, asthma and those whose immune system is compromised such as by
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chemotherapy for cancer and other conditions requiring such therapy. Vulnerable individuals should speak with their physician prior to resuming volleyball activity.
C. PREVENTATIVE MEASURES: Dime Volleyball has put in place numerous preventative measures and enhanced cleaning protocols to reduce the likelihood of spreading COVID-19 in our environment; however, we cannot guarantee that you, the Player, your other children, if applicable, or additional family members will not become infected with COVID-19. Further, attending sponsored activities at Dime could increase your risk and the risk of additional family members around you in contracting COVID- 19. Participation conditions are subject to change.
D. COVID-19 CONTAGIOUS NATURE: I acknowledge the contagious nature of COVID-19 and voluntarily agree to the terms described above and assume the risk that the Player, my children, my family members, and I (hereafter my “Family”) may be exposed to or infected by COVID-19 by our participation and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
E. ASSUMPTION OF COVID-19 RISK: I understand that the risk of becoming exposed to or infected by COVID-19 at Dime Volleyball events may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Dime Volleyball employees, contractors, employees, coaches, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself, the Player, and my Family (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or the Player or my Family may experience or incur in connection with my Player’s attendance at the gym or participation in Dime events (“Claims”).
F. REPORTING OF GOOD HEALTH: I warrant and represent that myself, the Player, and my Family are in good health and have no symptoms of sickness or illness, either which have been linked to or have not been linked to COVID-19, and that myself, the Player, and my Family are not aware of any exposure to other individuals who are confirmed or suspected to have COVID-19, have COVID-19 symptoms, or are awaiting test results for COVID-19. I acknowledge and agree to report any change in the good health status of myself, the Player, or my Family and that such reporting will terminate the ability of the Player to participate until the health status of myself, the Players, and my Family is determined again to be good.
G. HOLD HARMLESS: On my behalf, and on behalf of the Player and my Family, I hereby release, covenant not to sue, discharge, and hold harmless Dime Volleyball Center, a California corporation and each of its agents, owners, shareholders, members, affiliates, officers, directors, volunteers, employees, coaches, instructors, tournament sponsors, contractors, all other persons or entities acting in any capacity on their behalf, and any contracted gyms or facilities it uses, from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Dime Volleyball Center, a California corporation and each of its agents, owners, shareholders, members, affiliates, officers, directors, volunteers, employees, coaches, instructors, tournament sponsors, contractors, all other persons or entities acting in any capacity on their behalf, and any contracted gyms or facilities it uses, whether a COVID-19 infection occurs before, during, or after participation in any Dime Volleyball program.