PARTICIPANT WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
For and in consideration of Playmaker Sport Brand and Elite Sports Group LLC; Legacy Cares, Inc.; Pacific Proving, LLC; their subsidiaries; affiliates; and ownership entities (collectively “Legacy Parties”) allowing the undersigned ("I/Me/My") to participate in any event at Legacy Park located in Mesa, Arizona (the “Park”), including, but not limited to, athletic competitions, games, tournaments, practices, camps, clinics, tryouts, player development and related activities as well as use of the equipment and facilities situate in the Park (the "Event" or "Events"); I, for myself, my heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the "Agreement"):
1. I hereby represent that (i) I am in good health and in proper physical condition to participate in the Event; and (ii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. 2. I understand and acknowledge the risks and dangers associated with my participation in the Events and related activities, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, coaches, umpires, officials, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect field conditions; land, water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers ("Risks"). I understand that these Risks may be caused in whole or in part by my actions or inactions, the actions or inactions of others participating In the Event, or the negligent acts or omissions of the Released Parties defined below. I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which may be incurred as a result of my participation in any Event. 3. I understand that I am required to be familiar with and to abide by the Rules and Regulations established for the Event, including but not limited to the Competitive Rules adopted by the Legacy Parties and any safety regulations established for the benefit of all participants. I accept sole responsibility for my conduct and actions while I am participating in the Event. 4. I hereby grant permission to use my likeness in photographs, video recordings or electronic images in any and all of its publications, including website entries, without payment or any other consideration. I understand and agree that these materials will become the property of the organization and will not be returned. I hereby irrevocably authorize the organization to edit, alter, copy, exhibit, publish or distribute these images for purposes of publicizing the organization's programs or for any other lawful purpose.
I HEREBY RELEASE, WAIVE AND COVENANT NOT TO SUE, AND FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE LEGACY PARTIES, THEIR MEMBERS, OFFICERS, DIRECTORS ATHLETES/PLAYERS, CLUBS, COACHES, UMPIRES, TRAINERS, OFFICIALS, ORGANIZERS, PROMOTERS, SPONSORS, ADVERTISERS, AND PROPERTY OWNERS (INDIVIDUALLY AND COLLECTIVELY, THE "RELEASED PARTIES"), WITH RESPECT TO ANY LIABILITY, CLAIM(S), DEMAND(S), CAUSE(S) OF ACTION, DAMAGE(S), LOSS(ES) OR EXPENSE(S) (INCLUDING COURT COSTS AND REASONABLE ATTORNEY’S FEES) OF ANY KIND OR NATURE ("LIABILITY") WHICH MAY ARISE OUT OF, RESULT FROM, OR RELATE IN ANY WAY TO THE MY PARTICIPATION IN THE EVENT, INCLUDING CLAIMS FOR LIABILITY CAUSED IN WHOLE OR IN PART BY THE NEGLIGENT ACTS OR OMISSIONS OF THE RELEASED PARTIES. I FURTHER AGREE THAT IF, DESPITE THIS AGREEMENT, ANYONE ON MY BEHALF, MAKES A CLAIM FOR LIABILITY AGAINST ANY OF THE RELEASED PARTIES, I WILL INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY SUCH LIABILITIES WHICH ANY MAY BE INCURRED AS THE RESULT OF SUCH CLAIM.
The 'Event' may be physically challenging and pose a risk of discomfort, illness, injury, and even death. It is your responsibility to ensure that you are in sufficient physical condition to participate in the Event without risk to your health or life. The Legacy Parties do not conduct health or fitness checks on entrants or participants.
I understand that, depending on the nature of the Event, participation may be hazardous, and that I should not enter and participate unless I am in sufficient physical condition to participate.
In the event of injury, limited care, such as basic first aid or CPR, may be provided and appropriate emergency services contacted. I acknowledge that this Agreement extends to any liability arising out of or in any way connected with any limited care that may be provided in the event of an emergency and/or injury. I understand that no such care may be available, but if it is, in each and every case I assume sole liability for any and all medical expenses incurred as a result of your participation in the Event, including, but not limited to ambulance transport, hospital stays, physician services, pharmaceutical goods, or medical devices.
I hereby warrant that I am of legal age and authorized to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement Is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Intending to be legally bound I have executed this Participant Waiver and Release.
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