MCWP EVENT LIABILITY RELEASE FORM
In exchange for the opportunity to participate in any and all Marble City Water Polo (MCWP) events, I agree to the following:
1. Waiver of Liability
I hereby waive any and all of my rights and rights of my beneficiaries to any claim(s) against MCWP, its officers, members, and/or persons acting in concert with MCWP arising from my participation in any MCWP activity.
2. Assumption of Risk
I understand that participation in sports and specifically water polo can be dangerous and may result in the accidental or other physical injury and that property damage and serious injury can occur. I knowingly assume these risks, agree to hold harmless, and to indemnify MCWP from either me or any third party as a result of such participation in any event involving MCWP.
3. Fitness to participate
I represent that I am in good physical condition, and that I have sufficient skill and experience to safely compete in any water polo event in which I choose to participate.
4. Severability
If any provision of this document is determined to be invalid for any reason, such invalidity shall not affect the validity of any of the other provisions, which other provisions shall remain in full force and effect as if this document had been executed with the invalid provision eliminated.
I HAVE READ THIS AGREEMENT AND I AGREE TO ALL OF ITS TERMS WITHOUT EXCEPTION. FURTHER, I DECLARE THAT I AM OF LEGAL AGE AND I AM LEGALLY COMPETENT AND FULLY CAPABLE OF ENTERING INTO THIS CONTRACT. IF I AM UNDER THE AGE OF 18, MY PARENT OR GUARDIAN HAS SIGNED THIS FORM BELOW.
HOLD HARMLESS AGREEMENT
I understand the hazards of the novel coronavirus ("COVID-19") and am familiar with the Centers for Disease Control and Prevention ("CDC") guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates.
Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in Activities.
I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the premises and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children for whom I have the capacity contract) Marble City Water Polo ("MCWP"), their officers, directors, coaches, and volunteers and assigns (the "RELEASEES") from any liability related to COVID-19 which might occur as a result of my being on the premises and participating in the Activities.
I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgements, losses or expenses of any nature whatsoever (including, without limitation, attorneys' fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly, or indirectly, the infection of COVID-19 or any other illness or injury.
It is my express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions contained. herein shall be construed, interpreted and controlled according to the laws of the State of TENNESSEE. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OR ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT THE PERMISSION GRANTED BY RELEASEES TO BE ON PREMISES AND PARTICIPATE IN THE ACTIVITIES.
BY AGREEING TO THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it, and sign it voluntarily as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreement have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound the same.
CONCUSSION AWARENESS
A concussion is a brain injury and all brain injuries are serious. They are caused by a bump, blow, or jolt to the head, or by a blow to another part of the body with the force transmitted to the head. They can range from mild to severe and can disrupt the way the brain normally works. Even though most concussions are mild, all concussions are potentially serious and may result in complications including prolonged brain damage and death if not recognized and managed properly. In other words, even a “ding” or a bump on the head can be serious. You can’t see a concussion and most sports concussions occur without loss of consciousness. Signs and symptoms of concussion may show up right after the injury or can take hours or days to fully appear. If your child reports any symptoms of concussion, or if you notice the symptoms or signs of concussion yourself, seek medical attention right away.
As a Parent, and as an Athlete, it is important to recognize the signs, symptoms, and behaviors of concussions. By signing this form you are stating that you understand the importance of recognizing and responding to the signs, symptoms and behaviors of a concussion or head injury.
By selecting "I Agree", you also agree to the following:
1. I agree that my child must be removed from practice/play if a concussion is suspected.
2. I understand that it is my responsibility to seek medical treatment if a suspected concussion is reported to me.
3. I understand that my child cannot return to practice/play until providing written clearance from an appropriate health care provider to his/her coach.
4. I understand the possible consequences of my child returning to practice/play too soon
MEDIA RELEASE
The Marble City Water Polo Club has my permission to use my or my child's photograph publicly to promote the water polo club. Photos taken at polo practice, games or other team events may be used on the team's social media accounts (Facebook, Instagram, etc.) I also understand that no royalty, fee or other compensation shall become payable to me by reason of such use.
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