Created on January 4, 2014
Updated on April 12, 2017
Please read the following waiver thoroughly.
By participating in any Kickball365 league or event you waive certain legal rights and assume the risk of liability and release any and all liability against including, but not limited to, the deprivation, waiver, and release of the ability to sue certain parties. By participating in any Kickball365 event, signing this Waiver, or otherwise indicating electronically your acceptance of this Waiver, you acknowledge that you have read, understood, and agree to be bound by, the content of any and all rules, regulations, or policies provided by Kickball365 in the form presented to you as part of the registration process or as otherwise provided on Kickball365 website www.kickball365.com, including any and all updates, thereto.
In consideration of the use of the property, facilities and/or services being hosted by the organizers of the Kickball365 Circuit Events, Kickball365, Inc., or any AUXILIARY ORGANIZATIONS (Auxiliaries) (collectively, Kickball365) participating or sponsoring any of the Kickball365 Circuit Events, including travel related thereto, the undersigned agrees as follows:
1. RISK FACTORS: The undersigned understands and acknowledges that the use of equipment, facilities and services provided, arranged, or facilitated by or affiliated with Kickball365, involves risks such as, but not limited to, the following: RISK OF PROPERTY DAMAGE, BODILY INJURY, AND POSSIBLE DEATH.
2. ASSUMPTION OF RISK. The undersigned, by participating in any Kickball365 event, ASSUMES ALL RISKS RELATED TO THE KICKBALL365 EVENT THAT ARISE OUT OF THE USE OF THE EQUIPMENT OR FACILITIES, THE ACTIVITY ITSELF, THE ACT OF OTHERS, OR THE UNAVAILABILITY OF EMERGENCY CARE, including but not limited to, those RISK FACTORS described in section 1 above.
3. ACKNOWLEDGMENT OF POLICIES AND PROCEDURES. The undersigned acknowledges reading and knowing all of the policies and procedures relating to the activities, facilities, and/or equipment and understands that the safe and proper use of the facilities, equipment or participation in the activity is dependent upon carefully following such policies and procedures.
4. PREREQUISITE SKILLS AND TRAINING. The undersigned acknowledges that he or she has the requisite skills, qualifications, physical abilities, and training necessary for proper and safe use of the equipment and facilities and to participate in the activity itself. The undersigned agrees that if he or she has any questions as to what skills, qualifications or training is necessary to properly use the equipment, facility, or to participate in the activity itself, then they shall direct such questions to the appropriate Acting Disciplinary Authority on site.
5. RELEASE. The undersigned RELEASES the organizers of any Kickball365 event the undersigned participates including any and all officers, employees, staff, referees, volunteers, and agents of Kickball365 and agrees NOT TO SUE them on account of or in conjunction with any claims, causes of action, injuries, damage, cost of expenses arising out of the activity, including those based on death, bodily injury or property damage whether or not caused by the acts, omissions or other fault of the parties being released.
6. WAIVER. The undersigned waives the protection afforded by any statute or law in any jurisdiction whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know of or suspect at the time of executing the release. This means, in part, that the undersigned is releasing unknown future claims.
7. INDEMNIFY AND DEFEND. The undersigned agrees to INDEMNIFY AND DEFEND the Kickball365 including its affiliates, officers, employees, volunteers, staff, referees and agents (hereinafter jointly referred to as “indemnitee”) of each against, and hold them harmless from any or all claims, causes of action, damage judgments, costs or expenses, including attorney fees which in any way arise from the activity or this agreement which include but are not limited to damages to or destruction of any property of the indemnitee, of any others, injury or death of the undersigned or anyone else or any liability arising from the act or negligent act of the indemnitee, the undersigned or anyone else.
8. PAY. The undersigned agrees to pay for any or all damages to any property or indemnitee caused by the undersigned either negligently, willfully, or otherwise.
9. REPRESENTATIVES. The undersigned enters into this agreement for himself/herself, his/her heirs, assigns and legal representatives.
10. EMERGENCY TREATMENT CONSENT. The undersigned, as a participant in the subject activity, hereby consents to medical treatment in a medical emergency where the undersigned is unable to consent to such treatment.
11. INSURANCE. The undersigned understands that Kickball365 and its auxiliaries do not carry participant insurance. The undersigned is encouraged to have a physical examination and to purchase health insurance prior to any and all participation.
12. ACKNOWLEDGMENT. The undersigned has read and understands this agreement and realizes it relates to surrendering valuable legal rights and does so freely and voluntarily.
13. CONDUCT POLICY. I willingly agree to comply with the stated and customary terms of the Conduct Policy of Kickball365, Inc. in the form presented or as otherwise updated an in existence on the date of my participation in a Kickball365 event.
14. REFUND POLICY. Refunds to a credit card or PayPal will not be offered. All refunds are issued in the form of Site Credits which are tied only to the player profile after being removed from a league or event. These LeagueApps Site Credits are equal to the base price paid and do not expire. The deadline to request a Site Credit is before the league or tournament/event late/emergency registration deadline.
15. PHOTO/VIDEO RELEASE. I hereby give the right and permission to Kickball365 to use my recorded voice and photographic images through any medium. I waive any right to inspect or approve the finished copy, images or printed matter that may be created in conjunction with the eventual use for any Kickball365 programs. I consent and authorize Kickball365 or any entity authorized by Kickball365 to copyright, use and publish any of the images in any format taken of me on this day. I also understand that Kickball365 or any entity authorized by Kickball365 will use the images exclusively for Kickball365-related purposes. Since anyone can download an image from the Internet or make copies from printed materials, I agree that Kickball365 is not responsible for unauthorized use of the images. I am aware that I am not entitled to any compensation and that the images may appear with or without my name.
I HAVE READ AND UNDERSTAND THIS WAIVER AND RELEASE OF LIABILITY CONTRACT BEFORE HAVING SIGNED BELOW (ELECTRONICALLY).