Waiver and Release –
In consideration of being allowed to participate in any way in activities, which may include participation in games, practices or lessons (the “Activities”), through Texas Summitt , I, by signing the participant sheet, acknowledge and agree that:
- The risk of injury from the Activities is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, training, and personal discipline may reduce this risk, the risk of serious injury does exist; and,
- I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown of my participation in the Activities, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
- I willingly agree to comply with the stated and customary terms and conditions for participation in the Activities. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest Texas Summitt representative immediately; and,
- I, for myself and on behalf of my heirs, assigned personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Texas Summitt , its officers, members, owners, officials, agents and/or employees, other participants, coaches, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“Releases”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. Moreover, I authorize Texas Summitt representatives and participating coaches and officials to act for me according to their best judgment in any emergency requiring medical attention, and I acknowledge that I will be responsible for any cost (through family medical insurance or otherwise) resulting from any sickness or injury I that I incur; and,
- Arbitration: In further consideration of allowing me to participate in the Activities, I hereby agree to submit to binding arbitration any and all claims, which I believe I may have arising from my Activities with Texas Summitt . A single arbitrator in Plano, Texas pursuant to the rules of the American Arbitration Association shall conduct the arbitration. The arbitrator shall apply the Federal Rules of Evidence to all proceedings. Arbitration shall be commenced within one (1) year from the date on which any alleged claim first arose. The submission to the American Arbitration Association shall be unlimited and any court of competent jurisdiction may enforce the arbitration award; and,
- I hereby grant the Texas Summitt non-revocable permission to capture my image and likeness in photographs, videotapes, motion pictures, recordings, or any other media (“Images”). I grant Texas Summitt permission to copyright, display, publish, distribute, use, modify, print and reprint such Images in any manner whatsoever related to Texas Summitt business, including without limitation, publications, advertisements, brochures, web site images, or other electronic displays and transmissions thereof. I further waive any right to inspect or approve the use of the Image by Texas Summitt prior to its use. I forever release and hold Texas Summitt harmless from any and all liability arising out of the use of the Images in any manner or media whatsoever, and waive any and all claims and causes of action relating to use of the Images, including without limitation, claims for invasion of privacy rights or publicity.
I HAVE READ THIS WAIVER AND RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THE RESPECTIVE PARTICIPANT SHEET, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT.