WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, COVENANT NOT TO SUE AND INDEMNITY AGREEMENT — MINOR PARTICIPANT (PARENT/GUARDIAN EXECUTION)
BY AGREEING TO THIS DOCUMENT YOU GIVE UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. READ IT BEFORE YOU ACCEPT IT.
I am the parent or legal guardian of the minor participant named below. This agreement restates sections 1 through 22 as to the minor's participation, and I accept it on my own behalf and on behalf of the minor. Where sections 1 through 22 refer to my participation, they refer to the minor's participation.
In consideration of being permitted to participate in any activities, leagues, classes, camps, clinics, drop-in sessions, tournaments, or events (collectively, the "Activities") organized, operated, or sponsored by Aspire Sports Holding LLC, an Ohio limited liability company ("Aspire Sports"), together with Fleet Parking LLC, an Ohio limited liability company doing business as Soccer One, the owner and operator of the facilities at which the Activities are held, and each of their respective parents, subsidiaries, affiliates, owners, officers, directors, members, managers, employees, contractors, referees, coaches, coordinators, volunteers, representatives, agents, sponsors, advertisers, lessors and lessees of the premises, successors, assigns, estates, executors, and personal representatives (collectively, the "Released Parties"), I, the undersigned participant, acknowledge, understand, and agree as follows:
1. Nature of the Activities. The Activities also include any practices, games, training sessions, tryouts, tournaments, and other activities held at the facilities by any club, team, league, school, or other group that rents or otherwise uses them, whether or not Aspire Sports or Soccer One organizes, operates, or sponsors those activities, together with my entry to, presence at, and use of the facilities for any such purpose, including as a spectator. I understand the nature of the Activities and represent that I am qualified, in good health, and in proper physical condition to participate in them.
2. Assumption of Risk. I understand that participation in soccer, flag football, and related Activities involves inherent and significant risks of physical injury — including muscle and joint injury, broken bones, heat- and stress-related illness, concussion and other head injury, permanent disability, paralysis, and death — and of property damage, both during and after participation. These risks include, but are not limited to, those arising from playing surfaces indoor and outdoor, facilities, weather and temperature, field conditions, equipment including defective or malfunctioning equipment, and property owned, maintained, or controlled by the Released Parties, as well as from the actions, inactions, or lack of skill of other participants, spectators, volunteers, officials, or third parties. I further understand that there may be risks, and social and economic losses, either not known to me or not readily foreseeable at this time. I knowingly and freely assume all such risks, both known and unknown, including risks arising from the negligence of the Released Parties, and I accept full responsibility for all losses, costs, and damages I incur as a result of my participation.
3. Communicable Diseases. I understand that participation may expose me to contagious or infectious diseases, including but not limited to COVID-19, influenza, staphylococcus and MRSA, and other airborne or contact-transmitted illnesses. I knowingly and voluntarily assume all such risks, including risks arising from the acts, omissions, or negligence of the Released Parties, and accept sole responsibility for any resulting illness, injury, disability, or death, whether exposure or infection occurs before, during, or after participation in the Activities.
4. Weather and Conditions. I understand that outdoor Activities may proceed in adverse weather, including rain, heat, or cold, subject to the safety policies of Aspire Sports, and that such conditions are inherent to outdoor play. My participation is voluntary regardless of such conditions.
5. Compliance and Inspection. I agree to comply with all rules and safety instructions of the Released Parties. I will inspect the facilities and equipment before participating, and if at any time I believe any condition or equipment to be unsafe, I will immediately notify an official and discontinue participation until the condition is corrected.
6. Health Certification. I certify that I am physically fit to participate and have not been advised otherwise by a medical professional. I am not subject to any medical, physical, mental, or emotional condition that would limit my participation or endanger me or any other person. I acknowledge that it is my obligation, and not that of the Released Parties, to make any inquiries necessary to determine whether I can safely participate.
7. Age. I certify that I am at least 18 years of age and that I am the parent or legal guardian of the minor named below.
8. Accuracy of Information. I certify that the information I have provided in connection with registration, including my emergency contact, is true, correct, and complete, and I will keep it current.
9. Release, Waiver, and Covenant Not to Sue.
(a) I, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, hereby release, waive, discharge, hold harmless, and covenant not to sue the Released Parties from and for any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses of any kind, including reasonable attorneys' fees and costs through all appeals and other proceedings, including those arising from the negligence of the Released Parties and including negligent rescue or emergency-response operations, that arise out of or relate in any way to my participation in the Activities, my travel to or from them, or my presence at the facilities at which they are held, whether or not such liability is based on the actual or alleged fault of any Released Party or any third party, to the fullest extent permitted by Ohio law. This release extends to other participants in the Activities as to ordinary negligence only.
(b) Exception. Nothing in this agreement releases, waives, or limits any claim arising from intentional, willful, wanton, or reckless misconduct, or from any liability that may not be released as a matter of Ohio law.
10. Medical Treatment. I consent to receive medical care or treatment deemed advisable in the event of injury, accident, or illness during the Activities, and I authorize the Released Parties to exercise their discretion in arranging such treatment, including transport to a medical facility, at my expense. No Released Party is responsible for any decision relating to medical treatment or for the treatment itself, and I release the Released Parties from any liability arising from it.
11. Indemnification. I agree to defend, indemnify, and hold harmless the Released Parties from any and all claims, damages, costs, and expenses, including reasonable attorneys' fees, arising out of my acts or omissions during the Activities. I further agree that if, notwithstanding this agreement, I or anyone acting on my behalf asserts a claim against any Released Party, I will indemnify and hold harmless that Released Party from all litigation expenses, attorneys' fees, loss, liability, damage, and costs it incurs as a result.
12. Equipment. I understand that any personal protective or playing equipment made available to me is provided by its manufacturer and not by any Released Party, and that the selection, fit, adjustment, and use of such equipment is my sole responsibility. Nothing in this section limits the duty of any Released Party with respect to facility equipment and premises under its control, which is addressed by section 9 instead.
13. No Participant Insurance. I understand that the Released Parties do not provide accident, medical, or disability insurance for participants. It is my responsibility, and not that of the Released Parties, to obtain any such insurance I may want, to understand the limits of my own medical and liability coverage, and to confirm that my coverage is in effect during the Activities. This section concerns insurance for me as a participant and does not describe or limit any liability insurance the Released Parties carry for their own account.
14. Code of Conduct. I agree to abide by the Aspire Sports Code of Conduct as published at aspiresportsohio.com/code-of-conduct and updated from time to time, and I understand that violations may result in suspension or removal from the Activities without refund, except as provided in the published refund policy.
15. Media Release. I consent to the photographing, filming, and recording of the minor's image, likeness, voice, and first name ("Recordings") in connection with the Activities, and grant Aspire Sports the irrevocable right to use, reproduce, edit, publish, and distribute such Recordings for any lawful purpose, including advertising, marketing, promotional, and instructional uses, in any medium now known or later developed, without compensation or further notice to me or the minor. Published material will identify the minor by first name only. I release the Released Parties from any claim arising out of the use of such Recordings. If I ask Aspire Sports in writing to remove a specific Recording of the minor from a channel Aspire Sports controls, it will make reasonable efforts to do so; this courtesy does not limit the grant in this section or affect any use already made.
16. No Obligation of the Released Parties. No Released Party has, or is deemed to have, any obligation to me in connection with the Activities except as set forth in a writing signed by that Released Party.
17. Waiver of Jury Trial. I WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LITIGATION RELATING TO OR ARISING OUT OF THIS AGREEMENT OR MY PARTICIPATION IN THE ACTIVITIES.
18. Term, Irrevocability, and Survival. This agreement takes effect when I accept it and remains in full force and effect for the duration of the season, program, or event for which I have registered. It is irrevocable as to any Activity in which I have already participated and as to any claim that has already arisen, and its terms survive the conclusion of my participation.
19. Governing Law and Venue. This agreement shall be governed by and construed under the laws of the State of Ohio, without regard to its conflict-of-laws principles. Any claim or dispute arising hereunder shall be brought exclusively in the state or federal courts located in Franklin County, Ohio, and I consent to the personal jurisdiction of those courts.
20. Representations. I acknowledge that I have (i) had a full opportunity to ask any questions I have about the Activities and understand their nature; (ii) read and understood this agreement; (iii) been given an opportunity to review this agreement with anyone I choose, including a lawyer; (iv) understood that I am giving up substantial rights by accepting it, including the right to sue; and (v) full power, right, and authority to accept it. I have accepted it freely and voluntarily, without any inducement or assurance of any nature.
21. Entire Agreement, Severability, and Interpretation. This agreement, together with the Code of Conduct and the published refund policy, is the entire agreement between me and Aspire Sports as to its subject matter. If any provision is held invalid or unenforceable, that provision shall be enforced to the greatest extent permitted and the remaining provisions shall continue in full force and effect. This agreement shall be construed broadly to protect the Released Parties to the fullest extent permitted by applicable law.
22. Digital Acceptance. By registering for any Aspire Sports program, event, or league, or by accepting this agreement through any link, form, or kiosk provided by Aspire Sports or Soccer One, online or otherwise, I acknowledge that I have read, understood, and agreed to this agreement, and that my registration or acceptance constitutes my electronic signature and legal acceptance of it. My acceptance is recorded and stored digitally with a timestamp and a record of the version of this agreement I accepted.
23. Parent/Guardian Acknowledgment and Release. I am the parent or legal guardian of the minor participant named below, and I have full authority to execute this agreement on the minor's behalf. In consideration of the minor being permitted to participate in the Activities, I agree to all terms of this agreement on my own behalf and on behalf of the minor, and I release, waive, discharge, hold harmless, and covenant not to sue the Released Parties as to all claims of the minor and all claims I may have arising from the minor's participation, including claims arising from the negligence of the Released Parties, to the fullest extent permitted by Ohio law. I understand that I am giving up substantial rights of my own and of the minor, including the right to sue. I certify that the minor is physically fit to participate. I consent to emergency medical treatment for the minor and to transport at my expense. I have provided accurate emergency contact information. I acknowledge that the minor will be removed from play and may not return the same day if the minor shows signs of a concussion, and that return to play requires written clearance from an authorized health care provider. I further agree to indemnify and hold harmless the Released Parties from any claim brought by or on behalf of the minor arising out of the minor's participation.
Minor participants:
Parent or legal guardian: — (—)
