PARTICIPANT ASSUMPTION OF RISK, WAIVER, AND RELEASE AND INDEMNIFICATION
INCLUDING COVID-19 COMPLIANCE AND ASSUMPTION OF RISK
This Participant Assumption of Risk, Waiver and Release, and Indemnification (the “Tournament Waiver”) for the [2024 Alianza de Futbol Events held in Dallas on June 15-16, San Antonio on June 22-23, Colorado Springs on July 6-7, Chicago on July 20-21, New York on August 3-4, Los Angeles on August 17-18, San Jose on August 24-25 and El Paso on September 7-8] (the “Tournament”), dated as of the date indicated in the electronic signature will be signed by (i) the parent or guardian (in all cases, the “Parent”) on behalf of a minor participant under age 18, or (ii) each participant who is age 18 or older (in either case, hereinafter, the “Participant”) in favor of For Soccer Ventures, LLC (“FSV”), Box to Box, LLC (“B2B”) and all other sponsors and organizers of the Tournament including, but not limited to Allstate Insurance Company, TelevisaUnivision Inc. Verizon Corporate Services Group Inc , The Gatorade Company, PepsiCo, Inc. Ford Motor Company. Adidas America, Inc. King’s Hawaiian Holding Company, Inc. GTB Agency, LLC, D/B/A ZUBI, JUGOTV Network and each of the other Released Parties (collectively, the “Organizers”).
This Tournament Waiver contains language specifically related to participation in Tournament and contains language specific to the COVID-19 pandemic.
I. ACKNOWLEDGMENTS BY THE PARENT OR PARTICIPANT
The Parent or Participant represents and warrants as follows:
- I agree I am engaging in the Tournament at my own risk and acknowledge that the Organizers make no warranties or representations, express or implied, regarding my engaging in the Tournament. I understand the nature of the risks posed to me at the Tournament and the possible dangers to which I may be exposed while participating in the Tournament.
- I have verified with my physician and other medical professionals that I have no past or current physical or psychological condition that might affect my participation in the Tournament. I acknowledge that the Organizers have no understanding of my current physical or psychological condition, and have relied on my representation that I can safely participate in the Tournament, subject to the concussion protocol below. I have medical/dental insurance to cover my medical/dental expenses, and any medical/dental expenses not covered by my insurance shall be paid by me.
- I represent that I am fully capable of participating in the Tournament, without causing harm to ourselves or others. Therefore, I, assume and accept full responsibility for me and any minor children under my supervision for injury, death and loss of personal property and expenses suffered by me and them as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of our negligence in participating in the Tournament.
- If applicable, the Parent of the minor Participant is authorized to and does enter into this Tournament Waiver on behalf of any and all parents and legal guardians of the minor Participant.
- The Participant is in good health and physical condition and able to fully participate in the Tournament.
- The Participant will be bound by and comply with the rules, regulations and policies established by the Organizers and/or any other Released Party, in each case related to the Tournament (as they may be updated, amended, modified, restated or replaced from time to time, the “Tournament Rules”), and the Parent or the Participant, as applicable, may be disciplined under those rules and policies in the event of his or her noncompliance, as determined necessary by any of the Organizers in their sole discretion. The Parent or Participant acknowledges and agrees that the Parent or Participant has reviewed all Tournament Rules as in effect on the date hereof and will undertake to promptly review any new Tournament Rules as announced.
- The Parent or Participant hereby agrees that the Participant will conduct himself or herself in a safe and prudent manner, and will exercise extreme caution, when participating in the Tournament. The Parent or Participant hereby agrees that the Participant will obey all reasonable instructions of the Organizers and their staff during or related to the Tournament.
II. MINORS
I understand minors under the age of 18 are permitted to participate in the Tournament only under the direct supervision of an adult parent, legal guardian, or an authorized designee of the parent or guardian. I agree to take full responsibility for any minors accompanying me, to keep them within sight and reach, and to directly supervise them at all times.
III. CONCUSSION AWARENESS AND PLAYER SAFETY MATTERS
The Organizers is following the implementation guidelines for U.S. Soccer's Recognize to Recover Player Safety Campaign, specifically as it relates to concussion initiatives and heading for youth players, as more fully described on Exhibit A.
The Organizers require that all coaches, staff members, parents and players watch U.S. Soccer's concussions in soccer overview video, as more fully described on Exhibit A
I represent and warrant that I am aware of the concussion protocols highlighted above and these protocols have been communicated to me by the Organizers.
IV. ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND COVENANT NOT TO SUE
A. Assumption of Risk: Tournament and Related Activities
The Parent or Participant acknowledges and agrees that participating in the activities related to the Tournament can be dangerous, involve both known and unknown risks and may result in serious bodily injury or death and the Parent or Participant fully assumes all risks associated with the participation by the Participant in such activities. The Parent or Participant authorizes any emergency medical or surgical treatment considered necessary by any of the Organizers, any other Released Party and/or any medical authorities present or consulted during a medical emergency, and the release of any protected heath information regarding the Participant by any medical provider to any of the Organizers and other medical providers and insurance companies for the purposes of treatment, payment or other healthcare options. The Parent or Participant agrees to be financially responsible for the cost of such medical assistance and/or treatment. The Parent or Participant assumes the risk of all injuries to the Participant that may result from participating in the activities related to the Tournament. The Parent or Participant agrees that the Participant’s participation in the Tournament shall be deemed an acknowledgment that the facilities where the Tournament take place are safe and suitable for his or her participation in the Tournament.
B. Assumption of Risk: COVID-19
By signing this agreement, the Parent or Participant acknowledges the contagious nature of COVID-19 and the inherent risks of exposure to those who may be infected with COVID-19. The Parent or Participant voluntarily assumes the risk of exposure to or infection by COVID-19 by participating in the Tournament and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death.
The Parent or Participant understands and acknowledges that given the unknown nature of COVID-19, it is not possible to fully list each and every individual risk of contracting COVID-19. The Parent or Participant understands that the risk of becoming exposed to or infected by COVID-19 while participating in the Tournament may result from the actions, omissions, or negligence of themselves, the Participant and others, including, but not limited to, the Released Parties, and fellow participants. The Parent or Participant acknowledges that the Tournament is held in an open facility, which limits the ability of the Released Parties to control access and visitors. The Parent or Participant recognizes that the Released Parties cannot limit or eliminate all potential vectors for COVID-19 infection. The Parent or Participant acknowledges that they have asked for and/or been given any information that they may need to determine the risks associated the Participant participating in the Tournament and to make an informed assumption of those risks.
By signing this agreement, The Parent or Participant also acknowledges that limited Personal Protective Equipment (“PPE”), including face masks, may be made available by any of the Organizers for use at the facilities or even during the Tournament. The Parent or Participant understands that the Participant may be required to wear certain PPE pursuant to the Tournament Rules. The Parent or Participant understands that the use of PPE does not remove all risks of illness, nor does it make it safe to participate in the Tournament. The Parent or Participant alone has to determine the sufficiency of any PPE or other precautions that the Parent or Participant decides to take on behalf of themselves or the Participant to minimize the risks of participating in the Tournament. No party related to the Released Parties or other participant has made any representations to the Parent or Participant regarding the safety of, or the risks of, Participant in the Tournament that they have relied on. The Parent or Participant has relied instead on their own judgment as to whether to undertake the risks. The Parent or Participant expressly acknowledges that their choice of PPE for themselves or the Participant is at their discretion and that neither the Released Parties nor other participants have any liability for their choice of PPE.
The Parent or Participant voluntarily assumes full responsibility for any and all risks of illness or injury associated with the Participant’s exposure to COVID-19, as well as from use of any PPE, including face masks, that any of the Organizers may voluntarily provide.
C. WAIVER AND RELEASE OF LIABILITY
1. The Parent or Participant and the Parent or Participant’s respective family members, heirs, executors, administrators, agents and assigns (the “Releasors”), hereby waive, release, acquit and forever discharge each of (i) the Organizers and each of its and their affiliates, subsidiaries and parent entities and (ii) all owners, all operators and all managers of any facilities that host all or any part of the Tournament(“Facility Owners”) and (iii) all present and past officers, directors, principals, investors, managers, members, partners, equity holders, employees (including, without limitation, coaches and trainers), volunteers, referees, agents, representatives, administrators, executors, trustees, predecessors, successors, licensees, attorneys, and assigns of any of the foregoing (collectively, the “Released Parties”) from any and all claims, rights, demands, causes of actions, liabilities, damages, fees, charges, losses, settlements, debts, expenses, obligations and remunerations of any and all kinds of any nature and character whatsoever, known or unknown, suffered by the Participant as a result of, or in any manner related to, directly or indirectly, his or her participation in the Tournament including, but not limited to, any personal injury, disability, illness, damage or death whether or not resulting from exposure to COVID-19, whether such exposure occurs before, during or after participation in the Tournament(“Released Claims”).
2. THE PARENT OR PARTICIPANT HAS READ AND FULLY UNDERSTANDS THIS TOURNAMENT WAIVER. THE PARENT OR PARTICIPANT ACKNOWLEDGES AND AGREES THAT NO REPRESENTATIONS, STATEMENTS OR INDUCEMENTS HAVE BEEN MADE TO ENCOURAGE HIM OR HER TO ENTER INTO THIS TOURNAMENT WAIVER AND THAT HE OR SHE IS DOING SO VOLUNTARILY.
3. THE PARENT OR PARTICIPANT ACKNOWLEDGES AND AGREES THAT THIS TOURNAMENT WAIVER IS INTENDED TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY, WHETHER KNOWN OR UNKNOWN, TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREES THAT IF A PORTION OF THIS ACKNOWLEDGEMENT, RELEASE, DISCHARGE AND INDEMNIFICATION IS HELD TO BE INVALID, THE REMAINDER SHALL CONTINUE IN FULL FORCE AND EFFECT.
D. COVENANT NOT TO SUE
THE PARENT OR PARTICIPANT, INDIVIDUALLY AND ON BEHALF OF ANY RELEASOR, agrees that NO RELEASOR will sue the Released Parties with respect to ANY Released Claim. THE PARENT OR PARTICIPANT understands that the granting of the foregoing release and covenant not to sue is an express condition of participation in the Tournament.
V. RELEASE CONCERNING INFORMATION, LIKENESS AND PERSONALLY IDENTIFIABLE INFORMATION
A. GENERALLY:
1. The Parent or Participant understands that photographs, videos and telecasts may be made of the Participant as applicable, alone or together with others, and the Parent or Participant agrees that all rights in such photographs, videos and telecasts, including, but not limited to, rights of sale, reproduction, use and distribution, will be owned by FSV, that they may make whatever use of such photographs, videos and telecasts as they may desire throughout the world in perpetuity in all media now or hereafter known or devised, subject to certain limitations as may be set forth herein in the event that a Minor Participant is under 13 years of age. The Parent or Participant hereby grants to Organizers and each Released Party the irrevocable and unconditional right to disseminate, reproduce, record, exhibit, print and publish the Participant’s name, likeness, image, voice, performance and biographical material (collectively, the “Likenesses”) for any purpose, including advertising Organizers and each Released Party’s products, assets, services and facilities, subject to certain limitations as may be set forth herein in the event that a Participant is under the age of 13. The Parent or Participant acknowledges and agrees that Organizers and each Released Party shall retain all revenues from the exploitation of the foregoing and the Participant shall not receive any royalties or compensation therefor.
2. The Parent or Participant hereby disclaims any right to privacy related to the use of such Likenesses and acknowledges that FSV will be deemed the sole and exclusive owner thereof for all purposes hereunder and no such Likenesses will be submitted to the Parent or Participant for approval prior to any use by Organizers and each Released Party. The Parent or Participant also hereby waive any and all claims, counterclaims, rights, demands, actions and causes of action, foreseen or unforeseen, actual or potential, arising out of, or in any way related to, use by Organizers and each Released Party of such Likenesses.
B. AS TO ANY PARTICIPANT UNDER THE AGE OF 13:
1. In accordance with the Children’s Online Privacy Protection Act, parents and legal guardians of children under 13 years of age must consent to certain collections, uses and disclosures of the personally identifiable information of such children by a website or certain other electronic media. Accordingly, by signing below the Parent is consenting to and authorizing each Released Party to do the following:
- Display the Participant’s photograph on its website and on the website of any third party with which any Released Party has a business relationship;
- Include, with such photograph, each Participant’s name, school or soccer club affiliation and hometown, but not his or her specific street address; and/or
- Produce, in conjunction with sponsors of any Released Party, “trading cards” which include any or all of the items set forth in (a) and (b) above.
2. The Parent understands and agrees that each of the Organizers and each Released Party may collect, use and disclose any of Participant’s personally identifiable information provided by the Parent to any of the Organizers in connection with the uses authorized above, and that the Parent’s verifiable consent thereto is provided by the Parent’s signature on the signature page attached hereto.
VI. INDEMNIFICATION
The Parent or Participant hereby agrees to indemnify and hold each of the Released Parties harmless from and against any and all, including third-party, claims, demands, causes of action, damages, liabilities, losses, costs and expenses (including attorney’s fees) suffered by a Released Party as a result of, or in any manner related to, directly or indirectly, participation in the Tournament, including, but not limited to, to any personal injury, disability, illness, damage or death whether or not resulting from exposure to COVID-19, whether such exposure occurs before, during or after participation in the Tournament by the Participant.
VII. MISCELLANEOUS
1. I understand, acknowledge and accept that this Tournament Waiver is intended to be as broad and inclusive as permitted by the laws of the state in which the Tournament is taking place and agree that if any portion of this Tournament Waiver is found to be unenforceable or illegal, the remainder will continue in full legal force and effect. I further agree that any legal proceedings related to this Tournament Waiver shall take place in the city and state of the Tournament.
2. This Tournament Waiver shall be governed by and construed in accordance with the domestic laws of the State where the Tournament occurred, without giving effect to any choice of law or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State where the Tournament occurred.
3. The Parent or Participant acknowledges and agrees (individually and on behalf of all other Releasors) that all disputes arising out of, relating to, or in connection with this Tournament Waiver, including any question regarding its existence, validity, or termination, shall be finally resolved by binding arbitration to take place in the County where the Tournament occurred , except as may be modified herein or by mutual agreement of the parties participating in arbitration. There shall be one arbitrator, to be selected by mutual agreement of the parties participating in arbitration. The arbitrator will determine the procedural rules to be used during the arbitration, subject to input from the parties participating in arbitration. The Parent or Participant acknowledges that by agreeing to arbitrate any right to file a lawsuit or obtain a jury or bench trial is hereby waived.
EXHIBIT A
US Soccer has mandated the following rules as it relates to heading:
Players in U11 programs and younger shall not engage in heading, either in practices or in games.
Limited heading in practice for players in U12 and U13 programs. More specifically, these players shall be limited to a maximum of 30 minutes of heading training per week, with no more than 15-20 headers per player, per week.
Clubs should be aware of circumstances in which individual consideration is needed. For example:
-A 10 year old playing at U12 or older should not head the ball at all.
-An 11 or 12 year old playing at U14 or older should abide by the heading restrictions in practice.
Referees should enforce these restrictions by age group according to the specified rules. Referees will not be assessing the age of individual players on the field: they will enforce the rules for the age group.
In adherence to these new requirements, referees have been instructed by U.S. Soccer of the following rule addition: When a player deliberately heads the ball in a game, an indirect free kick (IFK) should be awarded to the opposing team from the spot of the offense. If the deliberate header occurs within the goal area, the indirect free kick should be taken on the goal area line parallel to the goal line at the point nearest to where the infringement occurred.
For age groups with limited substitutions: Any player suspected of suffering a head injury may be substituted for evaluation without the substitution counting against the team's total number of allowed substitutions during the game.
The Organizers require that all coaches, staff members, parents and players watch U.S. Soccer's concussions in soccer overview video. To review the concussion and return to play laws that the Organizers follows please check the following links:
- Recognize to Recover
- HEADS UP to Youth Sports Coaches: Online Concussion Training | HEADS UP | CDC
- Concussion in sports (cdc.gov)
- TBI_factsheets_PARENTS-508-a.pdf (cdc.gov)
- U.S. Soccer's concussions in soccer overview (youtube.com)
Concussion Head Injuries - Pennsylvania | State Policy Database (nasbe.org)
U.S. Soccer's concussions in soccer overview (youtube.com)