This Services Agreement (“Agreement”) governs the provision of volleyball training services from Gold Medal Squared to the athlete named below, and further governs engagement in a training camp by the athlete. In consideration of the provisions herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:
WHEREAS, the Provider is in the business of providing training and coaching in volleyball;
WHEREAS, the Athlete and/or the Athlete’s Guardian desires the Athlete to have the opportunity to engage in volleyball training under the instruction of the Provider;
THEREFORE, the Parties enter into this Agreement according to the terms provided herein.
Attachment A: Waiver
In consideration of being allowed to participate in volleyball programs and training, fitness, aerobics and gym activities and related events and activities (“Activities”), the undersigned (“Athlete” and/or “Guardian”) acknowledges, appreciates and agrees that:
Volleyball is acknowledged and deemed to be a sport with significant risk of multiple forms of injury, including serious or permanent bodily or dental injury or even death (collectively, “Injury”). The undersigned hereby knowingly assumes the risks and waives claims for Injury occurring in Gold Medal Squared volleyball Services and Activities related thereto wherever located.
The risk of Injury from the Activities is acknowledged to be significant and unpredictable, including the potential for cuts and lacerations; injuries to bones, muscles and ligaments; as well as risk of concussion and other brain damage; cardiovascular events; temporary or permanent paralysis; and death. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist.
I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES (as defined below) or others, and assume full responsibility for my participation.
The act of training, practicing, playing and competing in the sport of volleyball requires that Athletes engage in activities prone to the risks disclosed in this Attachment, whether of the Athlete’s own accord or at the direction of a Coach. Similar risks are also inherent to general cardiovascular training and similar activities. These acts and the accompanying risks are inherent to the activity. Athlete and/or Guardian consents to Athlete receiving instructions from Coaches who may direct the Athlete to engage in these activities in accordance with the ordinary practices of training and competition.
I, for myself, my spouse, my child, and/or Guardian, certify that Athlete is in suitable physical and mental condition to participate in the Services and Activities, and has no physical or mental limitations or conditions which may prevent or be aggravated or harmed by the Activities.
I, for myself, my spouse, my child, and/or Guardian, knowingly and freely assume all such risks, both known and unknown, of and related to the Activities even if arising from the negligence of the Released Parties (as defined below) or others, and assume full responsibility for participation. I willingly agree to comply with any rules and regulations of the Provider and Facility. If, however, I/we observe any unusual significant hazard in participation, I/we will bring such hazard to the attention of the nearest Provider or Facility official immediately.
I, for myself, my spouse, my child, and/or Guardian, and on behalf of my/our heirs, assigns, personal representatives and next of kin, hereby release and hold harmless Provider as well as its members, managers, officers, Coaches, affiliates, attorneys, shareholders, principals, employees, and agents (collectively “Released Parties”’), with respect to any and all injury, disability, death or loss or damage to person or property, whether arising from the negligence of the Released Parties or otherwise.
Released Parties may administer first aid or other needed care to the Athlete in the event of any apparent injury. I, for myself, my spouse, my child, and/or Guardian, acknowledge that any such care shall not constitute an assumption of risk or of the duty of care and shall in no way limit the scope or efficacy of this Waiver whether or not the Released Party possess applicable medical training or knowledge.
I have read this Waiver and the included release of liability and assumption of risk agreement, fully understand its terms without any inducement. This is to certify that I, for myself, my spouse, my child, and/or Guardian, as applicable, have read the rules and regulations for participation in this activity, have represented my age and/or the age of the Athlete honestly and do consent and agree to the release as provided herein of all the Released Parties. I, for myself, my spouse, my child, and/or Guardian, and on behalf of my/our heirs and next-of–kin, release and agree to hold harmless and indemnify the Released Parties from any and all liabilities incident to myself and/or my minor child’s involvement or participation in these programs and activities as provided herein, even if arising from the negligence or gross negligence of Released Parties or others.
[Guardian only] I, the Guardian of the Athlete, have the right and authority to execute this release and waiver on behalf of the Athlete, and shall indemnify, defend, and hold harmless the Released Parties for any liability resulting from any limit to or abrogation of my authority to execute this release and waiver on Athlete’s behalf, as well as from any claims by or on behalf of Athlete, Spouse, and Athlete’s successors, heirs, and assigns.
[Guardian only] I, the Guardian of the Athlete, assert that I have explained to Athlete the risks of the activity and his/her responsibilities for adhering to the rules and regulations, and assert that Athlete understands the same, as well as this Agreement.