Facility Release and Waiver of Liability, Assumption of Risk, and Indemnity Consent Agreement
OPERATED BY PROLIFIC SPORTS CORP
In consideration of being permitted to participate in any way in the PROLIFIC SPORTS CORP, sport and recreation activities ("ACTIVITIES"), I, for myself, my personal representatives, assigns, heirs, and next of kin:
1. Acknowledge, agree, and represent that I understand the nature of these sport and recreation activities and that I am qualified, in good health, and in proper physical condition to participate in such activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the "Activities."
2. Fully understand that:
- (a) These sport and recreation activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis, and death ("Risks").
- (b) These Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the activities, the condition in which the activities take place, or the negligence of the "Released Parties" named in 3 below.
- (c) There may be other risks and social and economic losses either not known to me or not readily foreseeable at this time, and I fully accept and assume all such risks and all responsibility for losses, costs, and damages I incur as a result of my participation or that of the minor in the activities.
- (d) The risks of injury and illness (ex: communicable diseases such as MRSA, influenza, and COVID-19) from the activities involved in this program are significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce these risks, the risks of serious injury and illness do exist.
3. Hereby release, discharge, and covenant not to sue PROLIFIC SPORTS CORP, and its respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owner and lessors of premises on which the activities take place (each considered one of the "Released Parties" herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Released Parties or otherwise, including negligent rescue operations. I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement I, or anyone on my behalf, makes a claim against any of the Released Parties, I will indemnify, save, and hold harmless each of the Released Parties from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as a result of such claim.
4. In addition, I agree to follow the rules of conduct as stated below and play set by PROLIFIC SPORTS CORP. Failure to do so may result in suspension from participation.
Consent: I, the undersigned coach or guardian or adult participant, hereby grant authority to the staff at PROLIFIC SPORTS CORP to render a judgment concerning medical assistance or hospital care in the event of an accident or illness during my absence. I do hereby authorize PROLIFIC SPORTS CORP and its assigns to utilize any and all photographs, pictures, email, or other likeness of me or anyone assigned guardianship to me, as they deem appropriate in its promotional materials or team films.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
MINOR RELEASE: And I, the minor’s parent and/or legal guardian, or coach, assistant coach, or director of the group in which the minor has registered, understand the nature of these sports and recreation activities and the minor’s experience and capabilities and believe the minor to be qualified, in good health, and in proper physical condition to participate in such activity. I hereby release, discharge, covenant not to sue, and agree to indemnify and save and hold harmless each of the releasees from all liability claims, demands, losses, or damages on the minor’s account caused or alleged to be caused in whole or in part by the negligence of the "Released Parties" or otherwise, including negligent rescue operations. I further agree that if, despite this release, I, the minor, or anyone on the minor’s behalf makes a claim against any of the released parties named above, I will indemnify, save, and hold harmless each of the released parties from any litigation expenses, attorney fees, loss liability, damage, or cost that may incur as the result of any such claim.
PROLIFIC SPORTS CORP Rules of Conduct:
1. Play/Train at Your Own Risk
2. Only Team/Club Participants Allowed on the Gym
3. No Outdoor Shoes Allowed into gym area
4. Indoor or Running Shoes Only on the gym
5. No Cleats Allowed
6. No Gum Permitted Anywhere inside the PROLIFIC SPORTS CORP. You Will be Banned from the Facility if You are Caught Chewing Gum.
7. No Gum, Food, or Drink of Any Kind (Except Water) Allowed into the Gym Area. (Gum Must Be Placed into a Garbage Bin Before Entering.)
8. For the safety of players and visitors, sunflower seeds, pumpkin seeds, unshelled pistachios, or unshelled peanuts allowed anywhere on the premises.
9. No Hard Kicks into Protective Nets or Walls; Hard Kicks into Designated Goals Only
10. No Touching of Protective Netting or Gym Dividers
11. Outside Gym area, supervision of minors is required by their parents or guardians at all times. Facilities staff is not responsible for the supervision of children.
12. No one is permitted onto Gym area until their booking time. Players on the Gym will clear the Gym area 5 minutes before the booking time of the next group.
13. No pets are allowed inside the facilities. With the exception of licensed service animals, no pets permitted inside of PROLIFIC SPORTS HOUSE. Licensed service animals are permitted, and staff should be notified upon their entrance into the facility. Staff may request proof of credentials.
14. No smoking of any kind permitted. Violation will cause a request to leave the facility. A second offense will result in a facility ban.
15. Teams and clubs are obligated to leave organized and clean the Gym and public areas after use.
16. No Fighting, Spitting, or Foul Language
17. No Ball Kicking Except in the Gym Area
18. Shirts Must Be Worn at all Times
19. Dispose of Your Trash in Receptacles
20. No Alcohol Prior to Playing and no Alcohol Allowed in the Facility.
21. Teams are Responsible for the Behavior of their Players and of their Fans
22. You must Pay Before You Play
23. No squirting water or spitting is allowed in the facility.
24. Coaches and Parents who permit youth players to enter the Gym area are responsible to ensure that all players wear the protective gear (as needed) for liability issues. Anyone not wearing shin pads is breaking PROLIFIC SPORTS CORP rules.
25. Coaches or Directors of Clubs must sign a liability waiver for their teams. NO ONE IS PERMITTED TO ENTER THE GYM AREA UNLESS THEY OR THEIR COACH OR CLUB DIRECTOR HAVE SIGNED THE PROLIFIC SPORTS CORP WAIVER FORM. You are required to sign the PROLIFIC SPORTS CORP liability waiver before entering the Gym area so as to be covered by PROLIFIC SPORTS CORP insurance. Failure to sign this waiver before entering means you are breaking PROLIFIC SPORTS CORP rules and indicates that you agree to enter completely at your own risk and agree to waive any insurance coverage in case of injury. Please acquire the waiver form from PROLIFIC SPORTS CORP Staff and sign and return before entering. Players who are on a roster are already covered by the signed waiver their coach has submitted. Coaches and Club Directors are responsible to make sure they have signed this waiver. Failure to Follow any of these rules could lead to an individual or a team being banned from the facility or to legal action for any damages incurred to the facility.
