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). By signing this form, I authorize High Performance Academy (HPA) and its partners, affiliates, representatives, and assigns to photograph, record, and/or video my image and likeness, and/or the image and likeness of the minor participant listed above.
Authorization of Use
I understand that these photos, videos, and/or recordings may be used in any of the following ways, both now and in the future:
- Program marketing materials, including brochures, flyers, and newsletters
- Online platforms, including social media, websites, and other digital media
- Press releases and other public relations materials
- Educational or training materials
Duration of Use
This authorization shall remain in effect indefinitely unless I provide written notice of withdrawal.
Rights and Ownership
I agree that High Performance Academy will own all rights, including copyrights, to any photos, videos, and recordings taken of me or the minor participant. I waive any right to inspect or approve the finished media. I understand that no compensation will be provided for the use of these materials.
Release of Liability
I release and discharge High Performance Academy from any claims, demands, or causes of action that I or the minor participant may have now or in the future related to the use of these images or recordings, including any claims for libel, slander, invasion of privacy, or right of publicity.
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:
- 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,
- 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; and,
- 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,
- I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS ATHLETIC PERFORMANCE their officers, officials, agents, 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 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.
The following guidelines apply to training services. Please review carefully!
- Cancellations: I understand that the trainer operates on a scheduled appointment basis for all sessions and thus requires 24 hours’ notice when I cancel/reschedule an appointment. No charges shall be levied should I cancel/reschedule with more than 24 hours’ notice. Should I cancel within the 24-hour window, I will forfeit my session, and I will purchase an additional session if I wish to reschedule.
- Promptness: It is important to arrive on time for a scheduled appointment. I understand that the trainer might have another appointment immediately following my session, and tardiness may result in reductions to the normal length of the session.
- Refunds: There will be no refunds for sessions.
- Expiration: Sessions will expire each new billing cycle. Any unused sessions will not roll over to the next month.
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.
Youth Programing
- Children participate to have fun and the game is for them, not the adults.
- Be a positive role model for your child and encourage sportsmanship by showing respect and courtesy, and by demonstrating positive support for all players, coaches at every, practice or event.
- Do not engage in any kind of unsportsmanlike conduct with any coach, player, or parents such as booing and taunting; refusing to shake hands; or using profane language or gestures.
- Do not encourage any behaviors or practices that would endanger the health and well-being of the athletes.
- Demand that your child treat other players, coaches, officials, and spectators with respect regardless of race, creed, color, sex, or ability, and teach your child to resolve conflicts without resorting to hostility or violence.
- Teach your child that doing one’s best is more important than winning, so they will never feel defeated by the outcome of a game or his/her performance.
- Praise your child for competing fairly and trying hard.
- Never ridicule or yell at your child or other participants for making a mistake or losing a competition. Promote the emotional and physical well-being of all athletes ahead of any personal desires for your own child to win.
- Respect all staff/coaches and their authority during sessions.
- Never question, discuss, or confront coaches at the field, and only speak with the staff at an agreed-upon time and place.
- Demand an environment for your child that is free from drugs, tobacco, and alcohol and refrain from their use at all youth events, fields, and facilities.
- Refrain from coaching your child or other players during practices unless you are asked for feedback.
- We will be prepared and ready to train at the time required to be present for all training sessions and events.
- I will respect all equipment and playing facilities and I will not hang on to goals and nets.
- I will make every effort to ensure that my child:
- Is reserved via Member Portal at least 24 hours in advance
- Attends practice/training when scheduled or will provide 24-hour notice of impending absence. Is at practice, fully prepared, and ready to start before the scheduled time.
Adult Programing
- Never ridicule or yell at my teammates or other participants for making a mistake or losing a competition.
- Promote the emotional and physical well-being of all athletes ahead of any personal desire to win.
- Respect all staff/players/coaches/officials and their authority during sessions. Never question, discuss, or confront staff at the field, and only speak with the staff at an agreed-upon time and place.
- Demand an environment for your child that is free from drugs, tobacco, and alcohol and refrain from their use at all events, fields, and facilities.
- We will be prepared and ready to participate at the time required to be present for all events.
- I will respect all equipment and playing facilities and I will not hang on to goals and nets.
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.