PLEASE READ CAREFULLY THE SECTION BELOW
PARTICIPANT RELEASE *
I ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT, I AM AGREEING TO RELEASE THE RELEASED PARTIES FROM LIABILITY. I HAVE THEREFORE BEEN ADVISED TO READ THIS DOCUMENT CAREFULLY BEFORE SIGNING IT.
This Participation Agreement and Waiver and Release of Liability is entered into by the undersigned “Participant”, or in the condition of a child/minor, agreed to by a parent or guardian, in favor of ThunderCo, LLC, its member unions, clubs, organizations, affiliates, partners, sponsors, vendors, directors, officers, employees, volunteers, members, agents, contractors, contracted entities and facilities and the owners and lessors thereof, (hereinafter referred to as “Free Jacks” or collectively as the “Released Parties”).
As a Parent/Guardian I acknowledge and agree to the following:
1. Participation in Free Jacks Youth Rugby, including but not limited to warm-up, training, drills, includes participation in a contact sport (rugby), requires good health and fitness and can be HAZARDOUS AND PRESENT A DANGER TO MY CHILD. I believe my child is qualified to participate in Youth Rugby, and if at any time I believe the conditions to be unsafe, I will immediately discontinue my child’s further participation in Youth Rugby.
2. Participation in Youth Rugby exposes my child to RISKS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH. Risks may arise out of contact and/or participation with other participants, spectators, equipment, field, facility and/or fixed objects; falls, collisions, rough play, and other mishaps; exposure to adverse weather conditions and/or high altitude; flaws and defects in equipment and facilities; irregular field conditions; and negligent field maintenance, negligent officiating, negligent coaching and negligent participation. Risks may be caused by my child’s own actions, or inaction, the actions or inaction of other participants, the condition of the facilities in which the Activities take place, and/or THE NEGLIGENCE OF THE “RELEASED PARTIES.” There may be other risks and social and economic losses either not known to me or not readily foreseeable at this time.
3. CORONAVIRUS / COVID-19 WARNING & DISCLAIMER. Coronavirus, COVID-19 is an extremely contagious virus that spreads easily through person-to-person contact. Federal and state authorities recommend social distancing as a means to prevent the spread of the virus. COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Participating in Free Jacks programs could increase the risk of contracting COVID-19. Free Jacks in no way warrants that COVID-19 infection will not occur through participation in Free Jacks programs. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence Free Jacks, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation at Free Jacks Programs. To the best of their ability my child will follow all program safety guidelines laid out by Free Jacks. Failure to comply with provided safety guidelines will result in my child’s expulsion from the program.
4. Assumption of the Risks. I CONSENT TO ALLOW MY CHILD TO PARTICIPATE IN THE ACTIVITIES AND FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred because of such participation.
5. Waiver and Release of Liability. In consideration for the privilege of my participation in Youth Rugby, I hereby RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS RELEASED PARTIES from any and all liability, demands, losses, medical expenses, lost opportunities, damages or attorneys fees and costs stemming from any or all claims for negligence, expressed or implied warranty, contribution, and indemnity, and/or claims of negligent rescue operations, first aid, and emergency care, to the broadest extent permitted by applicable law suffered by me and incurred on my account with respect to my personal injury and other injury or harm, disability, and/or death, or property damage, arising directly or indirectly from my participation in Youth Rugby, as caused or alleged to be caused in whole or in part by the Released Parties or any of them, and further agree that if, despite this Release, I or any other person makes a claim on my behalf against any of the Released Parties, unless, and to the extent, prohibited by law, I AND MY PARENT/GUARDIAN, IF APPLICABLE, WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY LIABILITY, LITIGATION EXPENSES, ATTORNEY FEES, LOSSES, DAMAGES OR COSTS ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM, WHETHER ASSERTED BY ME, MY PARENT/GUARDIAN, IF APPLICABLE, OR ANOTHER PERSON.
6. Governing Law, Venue and Jurisdiction: I understand and agree that this document is intended to be as broad and inclusive as permitted under applicable law and shall be governed by Massachusetts law. In the event of a dispute, the exclusive venue and jurisdiction for any lawsuit arising out of such dispute shall be the state court of Suffolk County, or the federal court located in Suffolk County, Massachusetts.
7. Severability: If any provision of this document is determined to be invalid for any reason, such invalidity shall not affect the validity of any of the other provisions, which other provisions shall remain in full force and effect as if this document had been executed with the invalid provision eliminated.
8. Media: Parent/Guardian hereby permits Free Jacks to use participants name, voice, dialogue, sounds, biographical information, personal characteristics, and/or other personal identification concerning Participant, to use Participant’s image and likeness, interviews or performances of Participant, in connection with the development, production, distribution and/or exploitation of the Team, and/or in any advertising, promotion and publicity for the Team and League and/or any Team or League channel or service that broadcasts, exhibits, transmits, distributes or otherwise exploits the Team, and (b) exhibit, broadcast, distribute and otherwise exploit the Content, and/or all allied, subsidiary and ancillary rights in and to the Content, by any and all means and media, whether now known or hereafter developed, throughout the world in perpetuity, provided that nothing shall obligate Company to use Participant’s name and likeness, to produce the Content, and/or to exploit the Content. Participant releases Company and all other third parties from any claims Participant or any person claiming through Participant may have against Company and/or such third parties at any time relating to the exploitation of the rights granted hereunder. Company shall have the right to edit, modify, add to and/or delete any or all of the material contained in the Content.
I HEREBY CERTIFY THAT I HAVE COMPLETELY READ AND UNDERSTAND THIS AGREEMENT AND ITS TERMS. PRIOR TO SIGNING THIS AGREEMENT, I HAVE HAD THE OPPORTUNITY TO ASK ANY QUESTIONS ABOUT THIS AGREEMENT. I AM AWARE, BY SIGNING THIS AGREEMENT, THAT I ASSUME ALL RISKS AND WAIVE AND RELEASE CERTAIN RIGHTS THAT I AND EACH OF MY HEIRS, NEXT OF KIN, FAMILY, RELATIVES, GUARDIANS, CONSERVATORS, EXECUTORS, ADMINISTRATORS, TRUSTEES AND ASSIGNS MAY HAVE AGAINST RELEASED PARTIES. THIS RELEASE SHALL BE EFFECTIVE AND BINDING UPON ME.