Spike Employee Registration

ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT: ONESIE BEACH VOLLEYBALL TOURNAMENT I HAVE READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AND A BINDING CONTRACT, AND I SIGN IT OF MY OWN FREE WILL. I CERTIFY THAT I AM AT LEAST 18 YEARS OF AGE ON THE DATE HEREOF, AND IF I AM SIGNING ON BEHALF OF A MINOR PARTICIPANT, THAT I AM THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN. I and/or my child (collectively “I,” “me,” or “my”) understand and acknowledge that I have voluntarily chosen to participate in activities at the Onesie Beach Volleyball Tournament and/or any activities held in conjuction with the charity event. In consideration for my being allowed to participate in the Onesie Volleyball Activities at various locations, I hereby agree to release and discharge from all liability Onesie Beach Volleyball Tournament, and each of their agents, owners, members, affiliates, investors, officers, directors, volunteers, employees, coaches, instructors, tournament sponsors, contractors, all other persons or entities acting in any capacity on their behalf, all landlords and property owners (hereinafter collectively referred to as “Onesie Tourney”), on behalf of myself, my children, my parents, my heirs, assigns, personal representatives, guardians and estate as set forth herein. 1. Acknowledgment of Risk: I recognize that there are inherent and other risks, which may or may not all be listed in this document, associated with the Onesie Tourney Activities. These dangers include but are not limited to falling; striking padded or unpadded surfaces; being injured by balls, posts, other objects, or the actions or inactions of participants, instructors, or spectators; equipment failures; risks associated with playing volleyball on hard surfaces and sand; risks associated with encounters with animals and insects; potential exposure to communicable disease such as viruses and bacteria in connection with use of the facilities; and illness or injury resulting from engaging in physical activity. I recognize that if I encounter these risks, serious injury or death may result, and I understand that no amount of care, caution, instruction or expertise can eliminate these risks. I understand that I alone am responsible to decide whether to engage in the Onesie Tourney Activities. I confirm that I am physically and mentally capable of participating in the Onesie Tourney Activities, and I understand that if my mental or physical condition changes after the execution of this agreement such that I am not capable of participating in the Onesie Tourney Activities, I am obligated to cease participating in the Onesie Tourney Activities. I understand that it is my responsibility to comply with all posted procedures, including safety procedures and hygiene procedures intended to lessen the likelihood of the spread of disease between participants and/or staff. 2. Assumption of Risk: Despite the risks involved and as consideration for being allowed to participate in the Onesie Tourney Activities, I AGREE TO EXPRESSLY ASSUME ANY AND ALL RISK OF INJURY OR DEATH that might be associated with my participation in the Onesie Tourney Activities and use of the facilities. 3. Agreement Never to Sue: I AGREE NEVER TO SUE AND TO RELEASE FROM LIABILITY Onesie Tourney for any damage, injury or death to me arising from participation in the Onesie Tourney Activities or use of the facilities, regardless of cause, including the ALLEGED NEGLIGENCE of Onesie Tourney, including claims of negligent instruction, with the exception of claims that cannot be released under applicable law. I understand that this RELEASE OF LIABILITY will prevent me, my child, and my heirs from filing suit or making any claim for damages in the event of injury or death arising from my participation in the Onesie Tourney Activities or use of the facilities. I UNDERSTAND THIS IS A RELEASE OF LIABILITY that will apply whenever I participate in the Onesie Tourney Activities or use of the facilities, and that each time I use the facilities and/or engage in the Onesie Tourney Activities, that will constitute a renewal and reaffirmation of my and acceptance of this agreement. 4. Indemnity: If I, my child, my heir, my estate, or my legal representative files a claim or a lawsuit arising out of my participation in the Onesie Tourney Activities or use of the facilities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Onesie Tourney for any and all damages, attorney’s fees, and costs arising out of such a claim or a lawsuit. If I execute this agreement on behalf of another person, I certify that I am authorized to execute this agreement on their behalf and agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS Onesie Tourney in the event that person brings a claim and contends that I was not authorized to execute this agreement. 5. Governing Law, Jurisdiction and Severability. I agree that this Waiver and Release of Liability shall be governed by California law and construed as broadly as permissible under the law. In the event that I file a lawsuit against Onesie Tourney, I agree to do so solely in the State of California, San Diego County Superior Court. I agree that if any portion of this Waiver and Release of Liability is held to be invalid, the rest shall nonetheless remain in full force and effect. This document constitutes the entire agreement between the parties and it cannot be changed or modified except in writing. 6. Photo and Video Release: I acknowledge that Onesie Tourney and other participants may photograph or videotape the Onesie Tourney Activities and Onesie Tourney facilities. I agree that Onesie Tourney may use these recordings in any way without compensation to me including, but not limited to, for marketing purposes and as evidence in any litigation. 7. All Registrations Are Final: I understand and agree to pay the total amount for my registration and additional donation. I understand that this is a charity event and no refunds will be given, regardless of changes in ability to attend, personal ability, and/or event status, date change, etc. I HAVE READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AND A BINDING CONTRACT, AND I SIGN IT OF MY OWN FREE WILL. I CERTIFY THAT I AM AT LEAST 18 YEARS OF AGE ON THE DATE HEREOF, AND IF I AM SIGNING ON BEHALF OF A MINOR PARTICIPANT, THAT I AM THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN.