I/we (Parent/Guardian of Athlete/Participant and Athlete/Participant), in joining, registering, and/or using any and all services offered by SCSP, INC, doing business as Santa Clarita Sports Performance, agree to all terms and conditions of this Waiver and Release Agreement (the “Agreement”) in participating in every Training purchased and/or registered for at Santa Clarita Sports Performance.
IN CONSIDERATION of any and all my assigned athletes OR myself as the athlete/participant, at Santa Clarita Sports Performance for any and all training events (the “Training”) which may include but is not limited to, classes, private lessons, clinics, camps, training programs, team trainings and being permitted to participate in the purchased training at Santa Clarita Sports Performance sponsored by the coaches, trainers, academy and/or organization (SCSP, INC), I, for myself, for personal representatives, assigns, heirs, and next of kin: ACKNOWLEDGE, agree, and represent that I, the athlete’s parent and/or legal guardian understand the nature of the Training and that my athlete is qualified, in good health, and in proper physical condition to participate in the Training.
1. Medical Condition & Authorization. I certify that the named and/or assigned Athlete/Participant is physically able to participate in the Training and that I know of no restrictions, physical impairments, or any other facts, which in any manner limit his/her participation in the Training. I also understand that SCSP, INC, will administer no physical examinations and SCSP, INC will rely solely upon the information in this Agreement. I give permission for Athlete/Participant to receive emergency medical or surgical treatment and hospitalization if necessary. I hereby authorize directors, coaches, staff and associates of SCSP, INC to act on my behalf according to their best judgment in any emergency requiring medical or surgical treatment and hospitalization if necessary. I agree that I have provided in writing and have not withheld, any medication needs, necessary treatment or other medical care needs of Athlete/Participant to SCSP, INC prior to the Training.
2. Financial Responsibility & Insurance. I will be financially responsible for any medical attention needed during the Training or resulting from any injury received at the Training. I represent that I have provided proof of, and maintain, adequate medical insurance coverage for Athlete/Participant covering any and all activities related to the Training. My medical insurance shall be the insurance coverage for any medical treatment. I also understand and agree that SCSP, INC shall not assume, or be responsible or liable for expense, medical treatment, or compensation for any injury that the Athlete may suffer during the Training or related activities.
3. Compliance with Training Rules. Athlete/Participant understands and agrees to comply with all of Santa Clarita Sports Performance’s rules, policies and stated and customary terms, conditions or requirements for participation in the Training, including any rules, guidelines or conditions of any facility, location, equipment safety, which participant uses during the Training. I/we agree that if you observe any unusual or significant concern in Athlete’s readiness for participation in the Training or participant’s failure or unwillingness to comply with Training rules, you may, at your sole discretion, remove Athlete from participation in the Training and immediately inform the nearest SCSP trainer or staff officer. Also, I/we hereby release and forever discharge SCSP, INC, from any and all claims, actions, damages, or liabilities (including attorneys’ fees and costs), arising from or related to any acts, actions, failures to act by Athlete/Participant or Athlete/Participant’s disregard or failure to follow the Training rules.
4. Assumption of Risk of Training Activities. I understand the risk of injury to Athlete from the activities involved in the training is significant, including the potential for permanent disability and death. The term “Training” also includes, but is not limited to, travel to and from the Training, activities on and off the field, activities before and after instruction at any third party facilities at which the Training is conducted. While the particular Training rules, equipment and personal discipline may reduce this risk, the risk of serious injury does exist. I/we knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of SCSP, and its Coaches, Staff, Training Management, and Directors and I/we assume full responsibility for participation in the Training by Athlete/Participant.
5. Release & Hold Harmless. I/we for myself and on behalf of Athlete/Participant hereby release and hold harmless SCSP, INC, and its Coaches, Staff, Training Management, Directors, Sponsors, Representatives, Affiliated entities, volunteers and, if applicable, owners and lessors of the premises used to conduct the Training (Releasees) with respect to any and all injury, disability, death or loss or damage to person or property incident to athlete/participant’s involvement
or participation in any and all of the Training activities whether arising from the negligence of Releasees or otherwise,
to the fullest extent permitted by law.
6. Indemnity. I/we, for myself and on behalf of Athlete/Participant, hereby indemnify and hold harmless all of the above Releasees from any and all liabilities incident to Participant’s involvement or participation in any and all of the Training activities whether arising from the negligence of releases or otherwise, to the fullest extent permitted by law.
7. Publicity. I understand and agree SCSP, INC retains the right to use, for publicity and advertising, photographs of Athletes taken at Training.
8. Limitation of Liability. I agree that the total liability of SCSP, INC, its affiliated entities and respective directors, officers, employees, and agents with respect to services performed or to be performed by Santa Clarita Sports Performance, shall not exceed 100% of the compensation received by SCSP, INC, from me pertaining to Athlete. The parties agree and acknowledge this section of this Agreement is a material part of the consideration for this Agreement.
10. Governing Law & Jurisdiction. This Agreement will be governed by the law of the state in which the Training is conducted. I/we agree that any action brought under these Terms and Conditions shall be brought in the federal or state courts of California. In the event either party commences an action under this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs.