ASSUMPTION OF RISK & RELEASE OF LIABILITY AGREEMENT
I hereby affirm that I have thoroughly read and fully comprehend the terms and conditions of this agreement. I acknowledge that this document constitutes a binding contract and serves as a release of liability. I am entering into this agreement voluntarily and without coercion. Furthermore, I certify that I am at least 18 years of age or that I am the legal guardian of a participant who is a minor, and I possess the authority to enter into this agreement on their behalf.
I, along with my child (collectively referred to as “I,” “me,” or “my”), hereby acknowledge and understand that I have voluntarily opted to participate in activities at Bodhi Beach Volleyball. These activities include, but are not limited to, sand volleyball, strength and fitness training and instruction, participation in leagues, competitions, tournaments, camps, or special events, as well as instruction in various activities. This acknowledgment extends to any other activities conducted on the premises of Bodhi Beach Volleyball, including the utilization of outdoor volleyball courts, sand courts, fitness equipment, and other facilities associated with Bodhi Beach Volleyball.
In consideration of my participation in the Bodhi Beach Volleyball activities and the use of its facilities, I hereby agree to release and discharge Bodhi Beach Volleyball, along with its affiliates, officers, directors, volunteers, employees, coaches, instructors, tournament sponsors, contractors, and all other individuals or entities acting on their behalf, including landlords, from all liability. This release extends to myself, my children, my parents, my heirs, assigns, personal representatives, guardians, and estate, as outlined herein.
- Acknowledgment of Risk: I acknowledge that participating in Bodhi Beach Volleyball activities involves inherent risks, some of which may not be explicitly listed in this document. These risks include, but are not limited to, falls; impacts with padded or unpadded surfaces; injuries caused by volleyballs, posts, or other objects; actions or inactions of participants, instructors, or spectators; equipment malfunctions; hazards associated with playing on sand; encounters with animals and insects; and illnesses or injuries related to physical activity. I recognize that these risks may result in serious injury or death, and I understand that no amount of care, caution, instruction, or expertise can fully mitigate these dangers. I accept full responsibility for deciding whether to engage in Bodhi Beach Volleyball activities. I confirm that I am both physically and mentally capable of participating, and I acknowledge that should my mental or physical condition change after signing this agreement, rendering me incapable of participation, I am obligated to refrain from further involvement.
- Assumption of Risk: Acknowledging the inherent risks associated with participating in Bodhi Beach Volleyball activities, I hereby AGREE TO EXPRESSLY ASSUME ANY AND ALL RISKS OF INJURY OR DEATH that may arise from my involvement in Bodhi Beach Volleyball and my use of the facilities.
- Agreement Not to Sue: I hereby agree never to initiate legal action and to release Bodhi Beach Volleyball from any liability for damages, injuries, or death that may occur as a result of my participation in Bodhi Beach Volleyball activities or the use of its facilities, irrespective of the cause, including any alleged negligence on the part of Bodhi Beach Volleyball. This includes claims related to negligent instruction, except where such claims cannot be waived under applicable law. I acknowledge that this release of liability will prevent me, my child, and my heirs from pursuing legal action or making claims for damages in the event of injury or death resulting from my participation in Bodhi Beach Volleyball activities or the use of its facilities. I understand that this release of liability is applicable whenever I engage in Bodhi Beach Volleyball activities or utilize the facilities. Furthermore, each time I participate in these activities or use the facilities, it will serve as a renewal and reaffirmation of my acceptance of this agreement.
- 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 Bodhi Beach Volleyball Activities or use of the facilities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Bodhi Beach Volleyball 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 Bodhi Beach Volleyball 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 and Release of Liability shall be governed by California law and construed as broadly as permissible under the law. In the event that I file a lawsuit against Bodhi Beach Volleyball, I agree to do so solely in the State of California, Marin County Superior Court. I agree that if any portion of this Waiver 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.
- Photo and Video Release: I acknowledge that Bodhi Beach Volleyball, along with other participants, may capture photographs or videos of the Bodhi Beach Volleyball Activities and facilities. I consent to Bodhi Beach Volleyball utilizing these recordings in any manner deemed appropriate, including but not limited to marketing purposes and as evidence in any legal proceedings, without any compensation to me.
I HAVE READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AND A BINDING CONTRACT, AND I SIGN IT OF MY OWN FREE WILL. I CERTIFY THAT I AM AT LEAST 18 YEARS OF AGE ON THE DATE HEREOF, AND IF I AM SIGNING ON BEHALF OF A MINOR PARTICIPANT, THAT I AM THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN.
MEMORANDUM OF UNDERSTANDING
By clicking submit for any registration payments, the parent and player(s) has read, understands and agrees to the above terms and conditions.