NOVO VOLLEYBALL CLUB WAIVER, ASSUMPTION OF RISK AND RELASE OF LIABILITY
VOLUNTARY PARTICIPATION: I, the undersigned, acknowledge that I have voluntarily enrolled my child, the participant named below, (herein after referred to as “the Player”) to participate in activities at Novo Volleyball Club, Inc. (“Novo Volleyball Club”) and/or use the Novo Volleyball club facilities which may encompass, but is not limited to, all manner of skills drills, contact drills, competition drills, stretching, agility testing, conditioning, ball handling, weight, strength, and fitness training and instruction; participation in leagues, competitions, tournaments, camps, or special events; instruction in any activities; and/or any other activity undertaken on Novo Volleyball’s premises either indoor on court space or outdoor on grass or beach or other designated surfaces (collectively the “Novo Volleyball Activities”).
ACKNOWLEDGEMENT OF RISK: I recognize that there are inherent and other risks, which may or may not all be listed in this document, associated with the Novo Volleyball Activities. These dangers include but are not limited to falling; striking padded or unpadded surfaces; being injured by balls, posts, other objects, or the actions or inactions of participants, instructors, or spectators; equipment failures; risks associated with playing volleyball on hard surfaces and sand; risks associated with encounters with animals and insects; potential exposure to communicable disease such as viruses and bacteria in connection with use of the facilities; and illness or injury resulting from engaging in physical activity. I recognize that if I encounter these risks, serious injury or death may result, and I understand that no amount of care, caution, instruction or expertise can eliminate these risks. I understand that I alone am responsible to decide whether the Player is fit to engage in the Novo Volleyball Activities. I confirm that the Player is physically and mentally capable of participating in the Novo Volleyball Activities, and I understand that if the Player’s mental or physical condition changes after the execution of this agreement such that the Player is not capable of participating in the Novo Volleyball Activities, the Player is obligated to cease participating in the Novo Volleyball Activities. I understand that it is my responsibility, and the responsibility of the Player, to comply with all posted procedures, including safety procedures and hygiene procedures intended to lessen the likelihood of the spread of disease between participants and/or staff.
ASSUMPTION OF RISK: I understand that Novo Volleyball Activities, including, but not limited to, tryouts, drills, competitions, conditioning, ball handling, weight, strength, and fitness training and instruction, clinics, workshops, practices, private and semi-private lessons, demos, and all other activities at Novo Volleyball Club ,involve strenuous physical activities, which may result in injuries or damages to participants depending on the participant’s state of health and general physical condition. I warrant and represent that the Player is in general good health and that the Player has not been advised by a medical doctor, chiropractor, or anyone else, that the Player should not engage in the kind of physical exercise in which the Player now intends to engage. The Player is voluntarily participating in these activities with knowledge of the hazards involved and we hereby agree to accept any and all risks of injury or death.
RELEASE: As consideration for being permitted by Novo Volleyball Club to participate in these activities, I hereby agree that I, my assignees, heirs, distributees, guardians and legal representatives will not make claim against, sue or attach the property of Novo Volleyball Club, any of its affiliated organizations or contracted facilities (or the supplier of any of the equipment the Player will use in these activities) for injury or damage resulting from acts howsoever used by any employee, volunteer, agent or contractor of Novo volleyball Club as a result of the Player’s participation in Novo Volleyball Activities. I hereby release Novo Volleyball Club and any and all of its employees, directors, officers, volunteers, agents, contractors, coaches, affiliated organizations or contracted facilities from all actions, claims or demands that I, my assignees, heirs, distributees, guardian and legal representatives now have or may hereafter have for injury or damage resulting from my/his/her/our participation in Novo Volleyball Activities.
MEDICAL CARE: If during the course of the Player’s participation in Novo volleyball Activities he/she becomes ill or sustains an injury, I hereby authorize Novo Volleyball Club, its volunteers, agents, employees, officers, director or representatives to obtain emergency medical/dental care for the Player unless otherwise indicated. I will assume financial responsibility for any and all bills incurred as a result of any treatment. It is my sole responsibility as guardian of the Player to ensure novo Volleyball Club has all necessary medical information and insurance policy information regarding health services, and the absence of such information is a choice I have elected to make in not providing said information to Novo volleyball Club.
IMAGE RELEASE: I understand that at during, before or after Novo Volleyball Activities, my child or I may be photographed. With my acceptance of this Release, I hereby agree to allow and authorize the NovoVolleyball Club to use both my name, photo, video or likeness and my child’s name, photo, video, or likeness in connection with any legitimate purpose relating to Novo Volleyball Club, its affiliates, the sport of volleyball itself, or any other related activities, including but not limited to marketing materials, flyers, print advertisements, and on the Novo Volleyball Club website.
KNOWING AND VOLUNTARY EXECUTION: I have carefully read this Agreement and fully understand its contents. I am aware that this is a release of liability between me, Novo Volleyball Club and/or its employees, volunteers, agents or contractors, any of its affiliate organizations, and any other contracted facilities it uses, and I acknowledge its contents and agree to the terms, conditions, and contents fully of my own free will.
INDEMNITY: If I, my child, my heir, my estate, or my legal representative files a claim or a lawsuit arising out of my participation in the Novo Volleyball Activities or use of the facilities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Novo Volleyball Club for any and all damages, attorney’s fees, and costs arising out of such a claim or a lawsuit. If I execute this agreement on behalf of another person, I certify that I am authorized to execute this agreement on their behalf and agree to defend, indemnify, and hold harmless Novo Volleyball Club in the event that person brings a claim and contends that I was not authorized to execute this agreement.
GOVERNING LAW, JURISDICTION AND SEVERABILITY. I agree that this Waiver, Assumption of Risk, and Release of Liability shall be governed by California law and construed as broadly as permissible under the law. If I file a lawsuit against Novo Volleyball Club, I agree to do so solely in the State of California, San Diego County Superior Court. I agree that if any portion of this Waiver, Assumption of Risk and Release of Liability is held to be invalid, the rest shall nonetheless remain in full force and effect. This document constitutes the entire agreement between the parties, and it cannot be changed or modified except in writing.