Accident/Medical Waiver and Release of Liability Form of Asian-American Youth Soccer Academy (AAYSA)

 

 

 

I accept the offer to accept membership with the AAYSA(Asian-American Youth Soccer Academy) program.

 

I understand the commitments as outlined in this agreement. By checking the box I indicate that I am accepting my selection to and agree to all commitments, both financial and non-financial. Upon checking the box I agree to pay fees for program fees sessions in full. Registration Fees will not be prorated.

 

After accepting the membership, AAYSA has my permission to use my or my child’s photograph publicly to promote AAYSA. I understand that the images may be used in print publications, online publications, presentations, websites, and social media. I also understand that no royalty, fee or other compensation shall become payable to me by reason of such use.

 

As the parent or legal guardian of the above named child, I authorize AAYSA and its coaches and administrators to seek and authorize emergency medical treatment for my child when deemed immediately necessary or advisable, and I cannot be reached. I hear-by release and discharge AAYSA, and its members, employees, contractors, organizers, sponsors, agents and affiliated entities from any and all liability, claims, demands, damages and causes of action for personal injury, property damage, and/or other loss suffered by my child in connection with his/her participation in these open training and tryout sessions.

I, the parent/guardian of the above-named player, a minor, agree that both the player and I will abide by the rules of the US Soccer Federation (USSF) and AAYSA. Recognizing the possibility of physical injury associated with soccer and in consideration of USSF & AAYSA, accepting the above-named player for its soccer programs and activities, I hereby release, discharge and/or otherwise hold harmless the US Soccer Federation (USSF) and AAYSA. Recognizing and their affiliated organizations and sponsors, contractors, volunteers and associated personnel, including the owners of fields and facilities utilized by AAYSA against any claim by or on behalf of the above-named player as a result of the player’s participation in the Programs and/or being transported to or from the same, which transportation I hereby authorize.

 

The activity for which you are registering may be physically challenging and pose a risk of discomfort, illness, injury, and even death. It is your responsibility to ensure that you are in sufficient physical condition to participate without risk to your health or your life. We do not conduct health or fitness checks on entrants.

Some activities may pose certain risks to participants and observers. We cannot remove risks to participants and observers and, accordingly, you participate and/or observe at your own risk.

Where you have registered or entered on behalf of anyone under the age of 18 or have accompanied anyone under the age of 18 to observe the program, you also agree to the contents of this Agreement and Waiver on behalf of the person under 18. 

 

In consideration of being permitted to register and/or participate in and/or observe the program, on behalf of yourself and any personal representatives, assigns, heirs, executors, successors, next of kin, and persons supported by you (if relevant under the applicable laws), you understand that:

1. Authority to Register and/or to Act as Agent. You represent and warrant to AAYSA that you have full legal authority and capacity to complete the registration for the program, including this Agreement and Waiver, on behalf of yourself and/or, where applicable, any party for whom you are registering (the ''Registered Parties''), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, (a) ''AAYSA'' means and includes Asian-American Youth Soccer Academy its partners, licensors, and any and all subsidiaries, affiliated entities, or entities that control, are controlled by, or are under common control with AAYSA singly or together and its and each of their officers, employees, contractors, subcontractors and agents and each of their agents, representatives, successors and assigns; and (b) ''you'' or ''your'' means and includes you (as an individual) and all other Registered Parties for whom you are registering, and by virtue of agreeing to this Agreement and Waiver, for whom you are waiving certain rights.

 

If you are registering a child under the age of 18 or an incapacitated adult, you represent and warrant that you are the parent or legal guardian of that party and have the legal authority and capacity to enter into this Agreement and Waiver on his/her behalf and by proceeding with registration for the program, you agree that the terms of this Agreement and Waiver shall apply equally to all of the Registered Parties. To the extent permitted by law, each person agreeing to this Agreement and Waiver for him/herself and/or on behalf of another Registered Party (including, without limitation, any minor) agrees to indemnify, defend, and hold AAYSA harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys's fees) of any kind or nature (each, a ''Liability'' and collectively ''Liabilities'') in the program the Liability arises because a Registered Party is found by a court of competent jurisdiction to not be bound by the terms and conditions of this this Agreement and Waiver. In addition, if, despite this Agreement and Waiver, any of the Registered Parties makes a claim against AAYSA, you agree, immediately upon request or demand by AAYSA, to defend, indemnify, and hold AAYSA harmless from all Liabilities which may be incurred as the result of such claim.

 

2. ASSUMPTION OF RISK. IN CONSIDERATION OF THE ACCEPTANCE OF YOUR REGISTRATION AND PARTICIPATION IN THE PROGRAM, YOU ASSUME FULL AND COMPLETE RISK AND RESPONSIBILITY FOR ANY DISCOMFORT, ILLNESS, INJURY, OR ACCIDENT WHICH MAY OCCUR WHILE YOU ARE PREPARING FOR THE PROGRAM, DURING THE PROGRAM, WHILE YOU ARE ON THE PREMISES OF THE PROGRAM, OR WHILE YOU ARE TRAVELING TO OR FROM THE PROGRAM. YOU UNDERSTAND THAT, DEPENDING ON THE NATURE OF THE PROGRAM, PARTICIPATING IN THE PROGRAM MAY BE HAZARDOUS, AND THAT YOU SHOULD NOT ENTER AND PARTICIPATE UNLESS YOU ARE IN SUFFICIENT PHYSICAL CONDITION TO PARTICIPATE. IF NEEDED, YOU SHOULD CONSULT YOUR DOCTOR BEFORE PARTICIPATING IN THE PROGRAM. IF APPLICABLE, YOU ACKNOWLEDGE AND AGREE THAT THE PROGRAM MAY BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING THE PROGRAM AND UPON WHICH HAZARDS ARE TO BE EXPECTED. YOU ALSO ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN THE PROGRAM MAY CARRY WITH IT CERTAIN INHERENT RISKS AND DANGERS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM RISK OF MINOR DISCOMFORT TO CATASTROPHIC INJURIES INCLUDING PERMANENT DISABILITY AND DEATH. YOU ARE AWARE OF AND ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATING IN THE PROGRAM, INCLUDING, WITHOUT LIMITATION, RISKS OF PERMANENT INJURY OR DEATH DUE TO FALLS, OBSTACLES, CONTACT WITH OTHER PARTICIPANTS, ACTS OR OMISSIONS OF OTHER PARTICIPANTS, EFFECT OF WEATHER, TRAFFIC AND CONDITIONS OF ANY ROAD.

 

3. Representations. You represent and warrant that you are in sufficient physical condition to safely participate in the program, and have no medical condition that would make your participation in the program more hazardous. You consent to medical care and transportation in order to obtain treatment in the program of injury to you and understand that this Agreement and Waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the program of an emergency and/or injury. You understand that no medical care may be available, but if it is, you assume liability for any and all medical expenses incurred as a result of your participation in the program (where such medical expenses are not provided on a free of charge basis by any medical services organizations, clinics, or hospitals), including, but not limited to ambulance transport, hospital stays, physician, and pharmaceutical goods and services. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to you by AAYSA or the program organizer and to abide by any decision of any program official relative to your ability to safely participate in or attend the program. You understand and agree that you are expected to exhibit appropriate behavior at all times while at the program and to obey all applicable laws while participating in or attending the program. This includes, generally, respect for other people, equipment, facilities or property. You agree that program officials may dismiss you, without refund, should your behavior, in the opinion of AAYSA  or the program organizer, endanger the safety of or negatively affect the program. You understand and agree that you are responsible for taking care of your own personal belongings during the program and, to the maximum extent permitted by law, neither AAYSA  nor the program organizer is responsible for any personal item or property that is lost, damaged or stolen at the program. You understand and agree that the program organizer reserves the right to cancel the program in the program of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots, or for any reason that would affect the safety and security of program participants and/or spectators or the feasibility of the program to be held. In the program of such cancellation or any other cancellation for any reason, there will be no refund of your payment unless authorized and paid by the program organizer.

 

4. RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE AND FOREVER DISCHARGE AAYSA  AND ALL OTHER PERSONS ASSOCIATED WITH THE PROGRAM, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE PROGRAM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE.

 

AAYSA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AAYSA  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, AAYSA WILL NOT BE RESPONSIBLE FOR (A) THE USE OR THE INABILITY TO USE THE AAYSA SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE AAYSA SITES; (C) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY AAYSA; (D) PERSONAL INJURY; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE AAYSA SITES; (G) ANY OTHER MATTER RELATING TO THE AAYSA SITES, OR AAYSA PRODUCTS OR SERVICES; OR (H) YOUR PARTICIPATION IN THE PROGRAM. YOU AGREE THAT AAYSA'S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY AAYSA FROM YOU.

NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING AAYSA OR THE PROGRAM ORGANIZER'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT AND WAIVER.

 

5. INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AAYSA AND ALL OTHER PERSONS ASSOCIATED WITH THE PROGRAM, FROM ALL LIABILITIES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR PARTICIPATION IN THE PROGRAM, INCLUDING WITHOUT LIMITATION ANY LIABILITY CAUSED BY NEGLIGENCE (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF AAYSA, (B) YOUR USE OF AAYSA, OR (C) ANY VIOLATION BY YOU OF ANY TERMS OF THIS AGREEMENT AND WAIVER AND/OR THE TERMS OF SERVICE LOCATED AT WWW.AAYSACADEMY.ORG.

 

6. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF AAYSA's SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN ''AS IS'' AND ''AS AVAILABLE'' BASIS. AAYSA MAKES NO WARRANTY THAT AAYSA SITES' SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE. AAYSA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AAYSA DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON, OR PROVIDED IN CONNECTION WITH, THE AAYSA SITES. AAYSA  IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.

 

7. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this Agreement and Waiver is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (a) the validity, legality, and enforceability of the remaining provisions of this Agreement and Waiver (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (b) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Agreement and Waiver shall be deemed amended accordingly.

 

8. ACCEPTANCE. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU AND ALL REGISTERED PARTIES ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE AGREEING TO THIS AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. IF THE PARTICIPANT IS A MINOR OR INCAPACITATED ADULT, YOU CERTIFY THAT YOU ARE THE PARTICIPANT'S PARENT OR GUARDIAN AND AGREE TO THIS WAIVER AND RELEASE FROM LIABILITY ON BEHALF OF THE PARTICIPANT.

 

9. Applicable Law; Consent to Jurisdiction; Other Jurisdiction-Specific Provisions.

Provisions Applicable to program Held in the United States of America: You agree that the laws of the State of California, United States of America, without regard to the conflict of laws principles thereof, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with AAYSA relating to this Agreement and Waiver resides in the courts of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving AAYSA.

 

Waiver/Release for Injury, Loss & Communicable Diseases including: COVID-19

 

ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT

 

In consideration of being allowed to voluntarily participate in an AAYSA athletic

program and related events and activities, the undersigned acknowledges, appreciates, and agrees that:

1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,

 

2. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releases or others, and assume full responsibility for my participation; and,

 

3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,

 

4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS AAYSA, their officers, officials, coaches, members, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“releasees”), while participating in activities of any kind whether sponsored by or under the supervision of the aforementioned entities and with respect to any and all illness, disability, death, or loss or damage to person or property, whether arising from the negligence of releasees or otherwise, to the fullest extent permitted by law.

 

5.Do you agree with the following waiver: LIABILITY WAIVER In consideration of participation in these programs, I hereby indemnify and hold harmless and release its agents, its employees and volunteers, from any and all liability for injury suffered by me or my child arising from or connected with these programs. I assume all risk for any injuries, including the risk of exposure to communicable diseases as a result of my child’s and/or my participation in the program. I sign of my own free will.

 

 * 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. FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION)

 

This is to certify that I, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.I further acknowledge that AAYSA has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.

I further acknowledge that AAYSA can not guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, salon staff, and other salon clients and their families.

I voluntarily seek services provided by AAYSA and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my appointment.