By signing the waiver you agree to the terms and conditions written below.
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Assumption of Risk ** Waiver of Liability ** Indemnification Agreement
Capital Sportsplex, LLC. (hereafter referred to as Capital Sportsplex) is a company that provides opportunities for both youth and adult soccer participation. Opportunities include league and tournament play; individual and group practice; pick-up games; field rental; soccer-emphasis birthday parties; and soccer-emphasis corporate events.
Some of the many benefits of Capital Sportsplex activities include opportunity to compete and excel, improved self-confidence, better health, improved fitness, increased sense of belonging, wholesome recreation, social interaction, weight loss, improved appearance, and improved self-image. Exertion level of soccer is moderate to strenuous, depending upon the motivation of the individual.
While the many benefits of these activities are apparent, Capital Sportsplex and its staff regard participant safety as a top priority and feel it is important that the PARTICIPANT/PARENT (which refers to either an Adult Participant OR a Minor Participant and Parents/Guardians) understand that there are risks inherent in all physical activity – including soccer. Capital Sportsplex takes great care to reduce the risks (e.g., establishment of safety rules and warnings; referees at all league and tournament games; supervision of parties and corporate events) associated with soccer. Capital Sportsplex, however, does not supervise individual activity and activity on rented fields.
However, regardless of the care taken to avoid injuries, some risks are inherent in soccer and cannot be totally eliminated without changing the nature of the game. A few examples of the many inherent risks include, but are not limited to, heat- or cold-related illnesses; over-exertion; imperfect playing surfaces; failure to adhere to posted rules or warnings; careless, erratic, or negligent actions of co-participants; collisions with objects or co-participants; falls to the playing surface; unexpected equipment failure or malfunction; being struck by the ball; being kicked; ability of the participant to play; and, careless or erratic actions by children at parties.
Capital Sportsplex feels that it is important that the PARTICIPANT/PARENT understand that three types of injuries can occur. Minor injuries are the most common and include, but are not limited to, muscle soreness, headaches, sprains, abrasions, and bruises. Serious injuries are less common, but do occur occasionally. They include, but are not limited to, broken bones, concussions, torn ligaments or cartilage, eye injuries, cuts, and internal injuries. Catastrophic injuries are very rare; but Capital Sportsplex feels that every PARTICIPANT/PARENT should be aware of the slight possibility. These injuries include, but are not limited to, permanent disability, brain injury, paralysis and even death.
Assumption of Inherent Risks: I, the PARTICIPANT/PARENT, understand that all activities of Capital Sportsplex include inherent risks that cannot be totally eliminated regardless of the care taken by Capital Sportsplex. I, the PARTICIPANT/PARENT, have read the preceding paragraphs and
Know
Understand, and
Appreciate the types of injuries inherent in Capital Sportsplex activities
I, the PARTICIPANT/PARENT, hereby assert that participation is voluntary and the PARTICIPANT/PARENT knowingly assume all inherent risks of the activity, today and on all future dates.
Waiver of Liability for Ordinary Negligence of Capital Sportsplex: In consideration of permission to use the property, facilities, equipment, and services of Capital Sportsplex, today and on all future dates, I, the PARTICIPANT/PARENT, on behalf of myself, my spouse, heirs, executors, administrators, personal or legal representatives, and assigns [hereafter referred to as the Releasing Parties] do hereby waive, release, discharge and covenant not to sue Capital Sportsplex [all owners, directors, officers, employees, volunteers, independent contractors, agents and equipment suppliers - hereafter referred to as the Protected Parties] from liability from any and all claims, demands, and actions of every name and nature arising from the ordinary negligence of the Protected Parties.
This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation (or presence on the premises) in Capital Sportsplex activities including, but not limited to: recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; as an observer or spectator; and individual use of all facilities. This applies to all facilities, fields, equipment, and all other premises including the associated sidewalks and parking lots and to 2) any and all claims resulting from the damage to, loss of, or theft of property.
Indemnification: I, the PARTICIPANT/PARENT, agree to hold harmless, defend, and indemnify Capital Sportsplex and Protected Parties (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees and related expenses)
From any and all claims of the Releasing Parties arising from an injury to or loss by PARTICIPANT/PARENT due to our participation or presence at Capital Sportsplex (including claims arising from the inherent risks of Capital Sportsplex activities or from the Ordinary Negligence of Capital Sportsplex or Protected Parties.
From any Loss due to the conduct of PARTICIPANT/PARENT in the course of our presence at Capital Sportsplex.
Clarifying Clauses: I, the PARTICIPANT/PARENT confirm that:
This is the entire agreement between me and Capital Sportsplex and that it cannot be modified or changed in any way by representations or statements by any agent or employee of Capital Sportsplex.
This agreement is intended to be as broad and inclusive as is permitted by the laws of the State of business and that if any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect
If legal action is brought, the appropriate trial court for the County of business or the United States District Court for the District has the sole and exclusive jurisdiction and that only the substantive laws of the State of business shall apply.
Acknowledgements to Promote Participant Safety: These affirmations aid Capital Sportsplex in providing for participant health and safety.
Health Status. The PARTICIPANT/PARENT affirms that he or she:
Possesses no health problems or physical disabilities that would make participation unwise, or risk injury.
Will cease activity and inform Capital Sportsplex of any health problem that arises during participation.
Possesses sufficient skills, coordination, and physical fitness to safely participate.
Is aware of potential exposure to communicable disease (including but not limited to coronavirus/COVID-19, other viruses, bacteria, and all other infectious pathogens and disease vectors).
Medical Care. The PARTICIPANT/PARENT affirms that he or she:
Rules and Safety. The PARTICIPANT/PARENT affirms that he or she agrees:
To wear all recommended safety gear during participation.
To follow all rules of the activity at Capital Sportsplex.
That Capital Sportsplex has authority to halt my participation if it endangers the participant or others.
Personal Responsibility with Alcohol
Filming and recording
When you enter a Capital Sportsplex Soccer center, you enter an area where photography, audio, and video recording occur. By entering the premises, you consent to; photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for promotional purposes, advertising, inclusion on websites, social media, or any other purpose by Capital Sportsplex Soccer Centers and its affiliates and representatives. Images, photos and/or videos may be used to promote similar Capital Sportsplex events in the future.
You release Capital Sportsplex, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of photographs, computer images, video and/or or sound recordings. By entering the premises, you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by Capital Sportsplex or the person or entity designated to do so by Capital Sportsplex
Code of Conduct
In order to ensure the safety and comfort of all of our customers and employees, and provide our employees with a workplace free from unlawful harassment, we have created this Code of Conduct to communicate our expectations for appropriate behavior by all customers and other visitors while on any of Capital Sportsplex’s premises.
The following conduct is required of all Capital Sportsplex customers and other visitors:
Treat all Capital Sportsplex employees and fellow customers with courtesy and respect.
Avoid the use of profane, sexist, racist, or other offensive or inappropriate language while on Capital Sportsplex’s premises.
Refrain from making inappropriate comments to Capital Sportsplex employees, customers or other visitors including, but not limited to:
Refrain from any physical contact with Capital Sportsplex employees beyond a simple handshake including, but not limited to, hugging, kissing, touching, pinching, patting, grabbing, brushing against or poking an employee’s body.
Any customer or other visitor who engages in any of the unacceptable behavior identified above, or other behavior that is deemed to be threatening or unwelcome, will be spoken to by Management and may be required to leave the premises immediately. In addition, Capital Sportsplex reserves the right to ban from its premises any individual who engages in repeated acts that violate this Code of Conduct.
Any Capital Sportsplex employee, customer or other visitor who experiences or witnesses any violations of this Code of Conduct, or other improper behavior, by a customer or other visitor on Capital Sportsplex’s premises is encouraged to notify a member of Capital Sportsplex’s Management immediately. Capital Sportsplex is committed to investigating and addressing any and all complaints of inappropriate conduct.
Acknowledgment of Understanding: I, the PARTICIPANT/PARENT, have read and understand this Agreement. I understand that I am giving up substantial rights, including the right of both the participant and the parent or guardian to recover damages in the event of death, injury or loss. I, the PARTICIPANT/PARENT, acknowledge that I am voluntarily signing this agreement, and intend my signature to be a complete release of all liability, including that due to inherent risks or to ordinary negligence by the Protected Parties, to the greatest extent allowed by law of the State.
Further, I the Participant/Parent, assert that 1) the Parent/Guardian has explained the inherent risks of the activity to the Minor Participant; 2) the minor understands the risks of participation; and 3) by my signature, I knowingly accept and assume the inherent risks of Capital Sportsplex activities.
