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In consideration of being allowed to participate in any way, and at any time, in an event or activity, including sporting events, by High Performance Academy LLC. , or its related groups, the undersigned:
1) Acknowledges, appreciates, agrees, and fully understands that although particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist.
2) Acknowledges, appreciates, agrees, and fully understands that the significant risk of injury, including the potential for permanent paralysis and death, and severe social and economic losses which might result not only from their own action, inactions or negligence, but the actions, inactions or negligence of others from the activities, the rules of play, or the condition of the premises or of any equipment used involved in this program. Further, there may be other risks not known to us or not reasonably foreseeable at this time.
3) Agrees that prior to participating, I will inspect the facilities and equipment to be used, and if I believe anything is unsafe, will immediately advise the event organizers of such condition(s) and refuse to participate.
4) Agrees to comply with the stated and customary terms and conditions for participation.
5) I, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, HEREBY RELEASE, WAIVE, INDEMNIFY, DISCHARGE, COVENANT, AND HOLD HARMLESS High Performance Academy LLC, its organizers, directors, commissioners, referees, officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, related groups and affiliated organizations, and owners and lessors of facilities used to conduct the event (Releases), from any and all liability with respect to any and all claims, demands, losses or damages on account of disability or injury, including death or damage to property, caused or alleged to be caused, in whole or in part, by the negligence of High Performance Academy LLC or its related "releases" enumerated above or otherwise, to the fullest extent permitted by law.
6) Whenever possible each provision, term, and covenant of this Agreement will be interpreted in a manner to be effective and valid but if any provision, term, or covenant of this Agreement is held to be prohibited or invalid by a court of competent jurisdiction, then such provision, term or covenant will be ineffective only to the extent of such prohibition or invalidity, without invalidating or affecting in any manner whatsoever the remainder of such provision, term or covenant or the remaining provisions, terms or covenants of this Agreement.
7) In the event of any dispute between the parties which arises under this Agreement, such dispute shall be settled by arbitration, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. A list of arbitrators shall be presented to the Claimant and Respondent from which one will be chosen using the applicable rules. The hearing shall be conducted in the County of Fresno, California unless both parties consent to a different location. The decision of the arbitrator shall be final and binding upon all Parties. Each party shall be responsible for its own attorney's fees and its share of the arbitration fees. In the event a party fails to proceed with arbitration or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or enforce the award. Any questions involving contract interpretation shall use the laws of California. An arbitrator's decision may be entered in any jurisdiction in which the party has assets in order to collect any amounts due hereunder.
8) Assumes all the foregoing risks and accepts personal responsibility for the damages following such injury, permanent disability, or death. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation.
9) Photo & Image Release: I give my consent to have my picture, image, and name to be printed in any High Performance Academy LLC. program, publication, or video.
10) Loss of Personal Possessions: I assume the risk of the personal possessions that I bring to all High Performance Academy LLC. events, or its related groups' events. I agree to release, waive, indemnify, discharge, and hold harmless High Performance Academy LLC. , its administrators, or related groups for any lost items. High Performance Academy LLC. does not have its own lost and found, but players are advised to contact the League to inquire if lost items have been reported. Players are advised to contact facilities hosting High Performance Academy LLC. events directly to inquire about lost and found items.
WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19
ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT
In consideration of being allowed to participate on behalf of Athletic Performance and related events and activities, the undersigned acknowledges, appreciates, and agrees that:
The following guidelines apply to training services. Please review carefully!
As an organization, we support and protect the dignity and worth of everyone. We stand for equal rights and opportunities for all employees and clients. We do not tolerate harassment or unwelcome comments and actions. We will take prompt action if such occurrences happen including failure to follow any rules or regulations, for reasons of nuisance, disturbance of others, unmoral, or fraud, or if we determine that your actions may endanger yourself or others.
This Code of Conduct is fully endorsed by High Performance Academy
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 READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS ON MY BEHALF AND THE MINOR'S BEHALF BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
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