In consideration of the above-designated minor's participation in events and activities of the San Marino Community Athletics Association, Inc. ("SMCAA"), I, for myself, the above-designated minor, my personal representatives, heirs, executors, next of kin, and assigns, do hereby:
1) Agree to inspect the facilities and the equipment to be used, and if I believe anything is unsafe, I will immediately advise SMCAA authorized personnel of such condition(s) and refuse to participate. [cite: 1, 2]
2) Acknowledge and fully understand that I and/or the above-designated minor will be participating in activity that could result in injury or other mishaps, including permanent disability or death, and severe social and economic losses due to, not only my own actions, inaction or negligence, but also to the action, inaction or negligence of others; [cite: 3] or conditions of the premises or any equipment used. Further, I acknowledge that there may be other risks not known to me or not reasonably foreseeable at this time. [cite: 4]
3) In light of any risks involved in the SMCAA activity, I assume all risks and accept personal responsibility for all of my and/or the above-designated minor's participation in SMCAA activities. [cite: 5] Further, I hereby release SMCAA and all of the released parties listed in paragraph 4 from all liability on my and the above-designated minor's behalf and I will not sue or make a claim against any such released parties and I acknowledge that any liability insurance obtained by SMCAA does not, and is not intended to, provide coverage for personal injuries or other losses suffered by me or the above-designated minor. [cite: 6]
4) Release, waive and discharge and covenant not to sue SMCAA, together with their affiliated clubs, their respective administrators, directors, agents, coaches, authorized personnel and other employees or volunteers; [cite: 7] event officials; medical personnel; other participants, their parents, guardian(s), supervisors and coaches; sponsoring agencies; sponsors; advertisers; [cite: 8] and, if applicable, owners, lessors, and lessees of premises used to conduct any SMCAA event, all of whom are hereinafter referred to as "releasees," from any and all claims, demands, losses, or damages on account of injury, including permanent disability and death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the releasees or otherwise to the fullest extent permitted by California law. [cite: 9]
5) Acknowledge that this Agreement expressly includes transportation to and from, or in connection with any activity or event of SMCAA in any vehicle, including transportation to and from medical treatment. [cite: 11]
6) Understand and agree that by signing this Agreement, I am agreeing to release, indemnify the "releasees", described in paragraph 4 above, and hold them harmless from any and all liability, or costs, including but not limited to attorney fees, associated with or arising from my and/or the above-designated minor's participation in SMCAA activities. [cite: 12]
7) Understand and agree that by signing this Agreement I am agreeing to give up the same rights for the above-designated minor as if I signed this Agreement solely on my own behalf. [cite: 13] I further agree that as I am the parent(s) or legal guardian(s) of the above-designated minor participant under 18 years of age, that I will instruct the minor participant to the above warnings and conditions and their ramifications, and that I consent to the minor's participation. [cite: 14]
8) Understand and agree that SMCAA, in the publication and promotion of the activities of SMCAA, including the performance of individual participants, as an organization in the San Marino community and general communication to participants and their families, may utilize in such communications the name, photograph and/or likeness of any participant in SMCAA activities. [cite: 15] I understand that a participant's name and likeness may be included on the SMCAA website and that performances may be webcast over the Internet to interested persons of SMCAA and members of the public at large, and may be videotaped and/or digitally captured for later webcast, broadcast and/or transmission. [cite: 16] This grant includes, without limitation, perpetual rights for both internal use and for licensing, sale, or other transfer of the videotapes or digital files to third parties, and includes transmission and display over the Internet. [cite: 17] This permission is irrevocable and royalty free and I understand that SMCAA will act in reliance on this permission. [cite: 18]
9) Understand and agree that all participants and parents involved in SMCAA activities are subject to the Code of Conduct provided on the SMCAA website. [cite: 19] Any failure to abide by the Code of Conduct, as determined by SMCAA in its sole discretion, may result in suspension or expulsion from any SMCAA activity. [cite: 20]
10) Understand and agree that this Agreement shall be governed by and construed in accordance with the Laws of the State of California. [cite: 21] All disputes and matters whatsoever arising under, in connection with, or incident to this agreement shall be litigated, if at all, in and before a court located in the County of Los Angeles, State of California, U.S.A. to the exclusion of any other State or Country. [cite: 22]
11) Understand and agree that this Agreement may be terminated only by: [cite: 24]
- Ceasing to participate in any and all activities of SMCAA; [cite: 24] AND
- Providing written notice to SMCAA; OR [cite: 25]
- Signing and returning to SMCAA a later version of this Agreement. [cite: 25]
Termination by written notice to the SMCAA will not be effective until 30 days after I cease being a participant in SMCAA. [cite: 26]
I have read the above waiver, indemnification, and release of liability agreement, and understand that I give up substantial rights by signing it and knowing this, sign it voluntarily. [cite: 27] I further agree that no oral representations, statements, or inducements, apart from the above agreement have been made. [cite: 28] I agree that this agreement is intended to be as broad and inclusive as is permitted by law and if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue to have full force and effect. [cite: 29] I agree to participate knowing the risks and conditions involved and do so entirely upon my own free will. [cite: 30] I also acknowledge that if English is not my first language, that I have sought out the assistance of someone competent to translate this form to me. [cite: 31] My signature below shall be a declaration that I have so read and understand this Waiver, Indemnification, and Release of Liability Agreement. [cite: 32] A photocopy of this Waiver will have the same effect as the original. [cite: 33]
I/we the undersigned parent or legal guardian of the above-named minor, do hereby authorize in the event of an injury, accident, or illness, SMCAA, its authorized personnel, its coaches, team representatives, directors, officers, agents, and/or assignees to seek and obtain care and medical treatment as shall be necessary under the circumstances. [cite: 34]
I/we hereby authorize and direct the above named to consent to any x-ray examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable and rendered under the general or special supervision of any member of the medical staff and emergency room staff licensed under the provisions of the Medical Practice Act, of a dentist licensed under the provisions of the Dental Practice Act, and on the staff of any general hospital holding a current license to operate a hospital from the State Department of Public Health or its equivalent. [cite: 35] This authorization is effective whether such diagnosis or treatment is rendered at the office of said physician or dentist, at a hospital, or elsewhere. [cite: 36]
It is understood that this authorization is given in advance of any specific diagnosis, treatment or hospital care being required but is given to provide authority and power on the part of my aforementioned agents to give specific consent to any and all such diagnosis which in the exercise of his or her best judgment may deem advisable. [cite: 37] It is understood that effort shall be made to contact the undersigned before rendering treatment to the patient, but that any of the above treatment will not be withheld if the undersigned cannot be reached. [cite: 38] I also agree that this authorization to treat shall be valid in any state where such treatment is rendered. [cite: 39] I also agree that if English is not my first language that I have sought out someone to translate this form to me and agree that by my signature that I have read and understood the document. [cite: 40] A photocopy of this Authorization will have the effect as the original. [cite: 41]
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization (WHO). [cite: 46] COVID-19 is highly contagious and is believed to spread mainly from person-to-person contact. [cite: 47] As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have in many locations prohibited the congregation of groups of people. [cite: 48] San Marino Community Athletic Association (SMCAA) requires all league participants to comply with the terms and conditions hereunder, and with preventative measures established for any facility in which SMCAA activities occur, to help reduce the spread of COVID-19, and the failure by any participant to comply with such measures may result in removal from SMCAA activities. [cite: 49] The undersigned expressly acknowledges and agrees that (a) SMCAA cannot guarantee that you or your child(ren) will not become infected with any infectious disease, including but not limited to COVID-19, MRSA and influenza, and (b) attending events held by SMCAA could increase your risk and your child(ren)'s risk of contracting an infectious disease, including but not limited to COVID-19, MRSA and influenza. [cite: 50]
In consideration of you and your child(ren)'s participation in SMCAA activities, the undersigned acknowledges and agrees, on behalf of the undersigned and his/her children participating in SMCAA activities, to the following: [cite: 51]
I am aware of the existence of the risk I take with my and/or my child(ren)'s participation in activities with SMCAA that may include possible exposure to and illness from infectious diseases, including but not limited to COVID-19, MRSA and influenza. [cite: 51] I agree and acknowledge that while particular rules, preventative measures and personal discipline may help to reduce the risk of infectious diseases and resulting illness, paralysis or death, I knowingly and freely assume all such risks, both known and unknown, and assume full responsibility for my and my child(ren)'s participation in all SMCAA activities. [cite: 52] I willingly agree to comply with all terms and conditions for participation in SMCAA activities as regards protection against infectious diseases. [cite: 53] I, nor any member(s) of my household, will not visit or use SMCAA facilities if he/she experiences symptoms of fever, fatigue, difficulty breathing, or exhibiting any other symptoms related to COVID-19 or any other communicable disease. [cite: 54] If I, or any member of my household comes in contact with, or becomes infected with COVID-19, no member(s) of my household will attend any SMCAA activity for the fourteen (14) days. [cite: 55] I am fully and personally responsible for my and my child(ren)'s own safety and actions while and during our participation and I recognize that we may be, in any case, at risk of contracting an infectious disease, including but not limited to COVID-19, MRSA and influenza. [cite: 56] With full knowledge of the risks involved, I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release, waive and discharge SMCAA, its board, officers, independent contractors, affiliates, employees, representatives, successors and assigns, from any and all liabilities, claims, demands, actions, and cause of action whatsoever, directly or indirectly arising out of or related to any loss, damage, illness, disability, injury, or death, that may be sustained by me or my child(ren) resulting from or related to any infectious disease, including but not limited to COVID-19, MRSA and influenza, while participating in any SMCAA activity. [cite: 57, 58]
I agree to indemnify, defend, and hold harmless SMCAA, its board, officers, independent contractors, affiliates, employees, representatives, successors and assigns, from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims arising whether directly or indirectly from or related to any and all claims made by or against any of the released party due to injury, loss, illness, disability or death from or related to COVID-19. [cite: 58]
By signing this agreement, I acknowledge that (1) I have read the foregoing Player Informed Consent Waiver and understand its contents, (2) I am the legal parent/guardian of the child listed on this form and fully competent to give consent, (3) I have been sufficiently informed of the risks involved and give my voluntary consent in signing it at my own free act and deed, (4) I give my voluntary consent in signing this Player Informed Consent Waiver as my own free act and deed with fill intention to be bound by the same, and free from any inducement or representation. [cite: 59, 60]