Athletic Waiver and Release of Liability

READ BEFORE SIGNING

In consideration of being allowed to participate in any way in athletic sports program, related events and activities, the undersigned acknowledges, appreciates, and agrees that:

1. 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; and,
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility and liability for my participation; and,
3. I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe something I do not agree with, I will remove my child from participation and bring such to the attention of coaches immediately; and,
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS San Marcos Basketball a 501c3 Nonprofit, San Elijo Middle School, Ciprian Oltean and Hilda Mateiu, their coaches, volunteers, officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, 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.
5. I hereby grant permission to the rights of any image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse marketing settings within an unrestricted geographic area. By signing this release I understand this permission signifies that photographic or video recordings of me and my family members may be electronically displayed via the Internet or in the public setting. I will NOT be consulted about the use of the photographs or video recording. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed. This release applies to photographic, audio or video recordings collected as part of the training or games. By signing this form I acknowledge that I have completely read and fully understand the above release and agree to be bound thereby. I hereby release any and all claims against any person or organization utilizing this material for educational purposes.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS ASSUMPTION OF RISK, WAIVER AND RELEASE AND AGREEMENT TO ABIDE BY SAFETY PROTOCOLS, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING THE LIABILITY AS IS DESCRIBED ABOVE.

FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION)

This is to certify that I, as parent/guardian with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of the activity and his/her responsibilities for adhering to the rules and regulations. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to my minor child’s/ward’s involvement or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent permitted by law.

I, understand as participant(s) (if over the age of 18), parent(s) or guardian(s), verify that the participant(s) listed below are in good health and able to fully participate in all event(s) and activities related to San Marcos Basketball a 501c3 Nonprofit.

San Marcos Basketball a 501c3 Nonprofit and all affiliated entities and agents, including but not limited to, host sites, officers, directors, owners, referees, and staff (collectively the “indemnities”), from any and all liability claims for injury, illness, or death and/or including loss sustained by the participants while playing, practicing and traveling to and from that may be incurred during event(s) and activities related to San Marcos Basketball a 501c3 Nonprofit.

I, as the undersigned (as participant(s), parent(s), or guardian(s)), listed below, assume all risk and absolve, indemnify, and hold San Marcos Basketball a 501c3 Nonprofit and the Indemnities harmless of any and all liability or damage, injury, or expense arising out of, or related to San Marcos Basketball a 501c3 Nonprofit.

I hereby represent that all information provided herein is true and correct.

CHOICE OF LAW: I understand and agree that the law of the State of California will apply to this assumption of risk, waiver and release. This assumption of risk, waiver and release contained herein shall be binding upon the undersigned and inure to the benefit of the released parties, and the officers, principals, legal representatives, assigns, members and successors in interest of each of them. If any provision hereof is found by a court of competent jurisdiction to be unenforceable or invalid the remaining provisions shall be unaffected and remain enforceable to the full extent of the law.

This Assumption of Risk, Waiver and Release is entered into at San Diego, California pursuant to the laws of the State of California and is intended to be valid and enforceable in the State of California to the greatest extent allowed by law.