EVENT/PROGRAM(S): Any camp, class, league, clinic, tryout, use of indoor field space, or other recreational activities, promotional activities, or programming offered by or hosted at the Facility or any other location at which any such events may occur (each an “Event”)
LOCATION(S): (i) Kinecta Soccer Center, powered by the LA Galaxy, located at 540 Maple Avenue, Torrance, CA 90503, and its various facilities, including, without limitation, the concourses, plazas, lobbies, parking lots, offices, meeting rooms, and/or areas within or immediately adjacent to Kinecta Soccer Center (hereinafter “Kinecta Soccer Center”), (ii) Galaxy Park, located at 18400 Avalon Boulevard, Carson, California 90746, and its various facilities, including, without limitation, any parking lots, fields, courts, and/or other areas within or immediately adjacent to Galaxy Park (hereinafter “Galaxy Park”); and/or (iii) Dignity Health Sports Park, located at 18400 Avalon Boulevard, Carson, California 90746, and its various facilities, including, without limitation, any fields, courts, concourses, plazas, lobbies, parking lots, offices, meeting rooms, and/or other areas within or immediately adjacent to Dignity Health Sports Park (hereinafter “DHSP”) (hereinafter, “Facility” refers to Kinecta Soccer Center and/or Galaxy Park, and/or DHSP, as applicable)
TERM: Valid for all Events taking place at Facility or other locations during calendar year 2024
COVID-19 AND PARTICIPATION RELEASE AND WAIVER AGREEMENT
TO THE PARTICIPANT, AND IF PARTICIPANT IS A MINOR, THE PARENT OR LEGAL GUARDIAN (TOGETHER, "PARENT") OF THE PARTICIPANT:
THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND MAY ELIMINATE YOUR ABILITY TO BRING LAWSUITS OR RECOVER DAMAGES IN THE FUTURE IF YOU BECOME SICK OR YOU ARE INJURED AFTER ENTERING OR WHILE USING THE FACILITY, ATTENDING THE EVENT OR ENGAGING IN EVENT-RELATED ACTIVITIES. READ THIS COVID-19 AND PARTICIPATION RELEASE AND WAIVER AGREEMENT (”WAIVER AGREEMENT”) CAREFULLY BEFORE AGREEING TO ITS TERMS. YOU MAY WANT TO CONSULT A LAWYER BEFORE SIGNING THIS WAIVER AGREEMENT. BY SIGNING THIS WAIVER AGREEEMENT, YOU ARE ACKNOWLEDGING THAT YOU (PARTICIPANT AND PARENT ON BEHALF OF PARTICIPANT) HAVE REVIEWED, UNDERSTOOD AND AGREED TO THE TERMS BELOW, AND THAT YOU HAVE HAD THE OPPORTUNITY TO CONSULT WITH A LAWYER OF YOUR CHOICE REGARDING ITS TERMS.
Preamble
In return for the Participant being allowed to enter and remain at the Facility and to participate in activities in connection with the Event, including, but not limited to sporting activities (including without limitation, any soccer games, camps, clinics, and/or tryouts), recreational activities, promotional activities, use of indoor field space, any other programming offered or held at the Facility or any travel arrangements made in connection with those activities, if applicable, the Participant and the Parent, on behalf of themselves and their Related Persons (as defined below), consent and agree to the following terms. As used in this Waiver Agreement, the term “Related Persons” shall mean a Participant’s or Parent’s heirs, assigns, executors, administrators, next of kin and other persons acting or claiming to act on their behalf.
Participant and Parent, on their own behalf, and on behalf of their Related Persons, hereby knowingly, voluntarily and irrevocably and forever release, waive and discharge (and covenant not to sue), each and all of the Released Parties from (or with respect to), all Claims, including, but not limited to, Claims arising out of or in connection with Participant's, Parent's, or a Related Person's death, personal injury, illness, disability, suffering of short-term or long-term health effects, or loss of or damage to property, which Participant, Parent and any Related Persons may have or hereafter accrue against any of the Released Parties as a result of or that relate in any way to (i) exposure to COVID-19; (ii) attendance at the Facility and participation in activities at or related to the Event; (iii) travel to or presence at the Event, or at any location to which Participant may travel in connection with Event activities; (iv) any of the risks identified above in paragraphs 1 and 2 of this Waiver Agreement; or (v) the exercise of the rights related to the Materials (as defined below) by the Released Parties (as defined below), including any defamation (including libel and slander), invasion of privacy, right of publicity, copyright infringement, or any other personal or property rights from or related to any use of the Materials. Participant and Parent understand that this release, waiver and covenant not to sue includes any Claims based on the negligence, action or inaction of any of the Released Parties and covers Claims of any sort, whether suffered before, during or after Participant’s participation in the Event.
Participant recognizes and agrees that this release and waiver of liability is a full, general and final release and waiver of all Released Claims. Participant further acknowledges that Participant has read Section 1542 of the Civil Code of the State of California, which currently provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Participant understands that, pursuant to Section 1542, Participant has the right not to release existing claims of which Participant is not now aware, unless Participant voluntarily chooses to waive this right. Even though Participant acknowledges that Participant is aware of such right, by signing below, Participant nevertheless hereby voluntarily waives such rights and elects to assume all risks for claims that now exist in Participant’s favor, known or unknown, arising from the subject matter of the waiver of liability and release set forth herein.
Participant acknowledges and agrees that: (i) Participant shall not be entitled to any compensation for their appearance at the Event or subsequent use of their appearance in the Materials, (ii) Participant has and will refrain from any offensive or distasteful remarks or conduct and will conduct themselves in a courteous and professional manner at all times during its participation at the Event and appearance in the Materials, and (iii) this Waiver Agreement is intended to be as broad and inclusive as permitted by applicable law.
Other rights that Participant and Parent would have if either or both went to court will not be available or will be more limited in arbitration, including the right to appeal. Participant and Parent each understand and agree that by requiring all parties to resolve all disputes through individual arbitration, ALL PARTIES ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL.
Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA Commercial Arbitration Rules in effect at the time the arbitration is initiated. Participant or Parent may obtain a copy of the rules and further information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator the parties both agree upon in writing. The arbitration shall take place in Los Angeles, California. The arbitrator’s decision shall be final and binding. The parties agree that this agreement to arbitrate extends to any other parties involved in any Claims, including but not limited to guests and employees, affiliated companies and vendors. Participant and Parent may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. If a claim is brought seeking public injunctive relief and a court determines that the restrictions in this agreement to arbitrate prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims will be arbitrated. In such a case, the court shall stay the claim for public injunctive relief until the arbitration pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated. If any other portion of this agreement to arbitrate is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this agreement to arbitrate. This agreement to arbitrate will survive the termination of this Waiver Agreement, Participant’s or Parent’s fulfillment or default of their obligations under this Waiver Agreement, and/or their or Released Parties’ bankruptcy or insolvency (to the extent permitted by applicable law). YOU HAVE THE RIGHT TO REJECT THIS AGREEMENT TO ARBITRATE, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY AS SET FORTH HEREIN. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within sixty (60) days after the date you sign this Waiver Agreement. You must send your request by sending an e-mail to: info@lagalaxysc.com. The request must include your full name, address, account number, and the statement “I reject agreement to arbitrate contained in the Waiver Agreement.” If you exercise the right to reject arbitration, the other terms of this Waiver Agreement shall remain in full force and effect as if you had not rejected arbitration.
THE WAIVERS AND RELEASES GRANTED BY PARTICIPANT AND/OR PARENT HEREUNDER ARE LEGALLY BINDING AND SHALL BE CONSIDERED IRREVOCABLE. PARTICIPANT AGREES THAT THE RELEASED PARTIES MAY RELY UPON THIS WAIVER AGREEMENT TO THE FULLEST EXTENT PERMISSIBLE AT LAW OR IN EQUITY.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS WAIVER AGREEMENT. I understand its terms, including that I am giving up substantial legal rights. I understand that this Waiver Agreement is a material inducement for my admission to and continued participation in the Event and that the Event and the other Released Parties are relying upon it. I also agree that no promises, statements or inducements contrary to anything contained in this Waiver Agreement have been made by any of the Released Parties. I acknowledge that Parent and I have had the opportunity to seek legal advice regarding this Waiver Agreement from a lawyer of my or their choice.
IF PARTICIPANT IS A MINOR (UNDER AGE 18 AT TIME OF REGISTRATION), PARENT/LEGALGUARDIAN MUST COMPLETE: I affirm that I am the parent or legal guardian of the above Participant and I have the authority to give this authorization to Participant’s signing of and consent to the above Waiver Agreement. I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS WAIVER AGREEMENT. I understand its terms, including that Participant and I are giving up substantial legal rights. I understand that this Waiver Agreement is a material inducement for Participant’s admission to and continued participation in the Event and that the Event and the other Released Parties are relying upon it. I also agree that no promises, statements or inducements contrary to anything contained in this Waiver Agreement have been made by any of the Released Parties. I acknowledge that Participant and I have had the opportunity to seek legal advice regarding this Waiver Agreement from a lawyer of my choice.
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