ASSUMPTION OF RISK, RELEASE, AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT RELATING TO COVID-19 EXPOSURE, COVID-19 LIABILITY, AND COVID-19 RISKS
IN CONSIDERATION for myself and/or my children listed above being permitted to utilize the services, utilize the facilities and/or participate in the programs of Ziad Soccer Academy (“ZSA”), including, but not limited to, activities and services of ZSA, observation or use of facilities or equipment owned or leased by ZSA, or participation in or acting as a spectator during any program affiliated with ZSA, which programs include, without limitation, traveling to, from and about, and participating in activities at and about, facilities that are or are not owned, operated or controlled by ZSA, the undersigned, on behalf of himself or herself and such participating children and any personal representatives, heirs, and next of kin (hereinafter referred to as "the undersigned") hereby acknowledges, agrees and represents that he or she has been given the opportunity to inspect and has carefully considered such premises, equipment, and facilities and has considered the ZSA’s programs, activities and services that the undersigned finds and accepts same as being safe and reasonably suited for the use or participation by the undersigned and such participating children.
In addition, the undersigned acknowledges that novel coronavirus (''COVID-19") infections have been confirmed throughout the United States, including thousands of cases in the undersigned’s own State and locality. In accordance with the most recent guidance and recommendations issued by the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), the State of Texas for slowing the transmission of COVID-19, the undersigned hereby agrees, represents, and warrants that neither the undersigned nor such participating children shall visit or utilize the facilities, services, activities, and/or programs of ZSA (other than any exclusively online services and programs) within 14 days after (i) returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or (iii) exposure to any person who has a suspected or confirmed case of COVID-19. The CDC Travel Health Network is continuously updating this list and the undersigned agrees that they are aware of this list and the countries listed. The undersigned agrees to check on a daily basis the CDC Travel Health Notices list (https://www.cdc.gov/ coronavirus/2019-ncov/travelers/index.html) prior to participating in or utilizing the facilities, services, and programs of ZSA. The undersigned hereby agrees, represents, and warrants that neither the undersigned nor such participating children shall participate in, visit or utilize the facilities, services, and/or programs of ZSA if he or she (i) experiences symptoms of COVID19, including, without limitation, fever, cough, loss of sense of taste or smell, or shortness of breath, or (ii) has a suspected or diagnosed/confirmed case of COVID-19. The undersigned agrees to notify ZSA immediately if he or she believes that any of the foregoing access/use restrictions may apply.
ZSA has taken certain steps to implement certain recommended guidance and recommendations issued by public health agencies for slowing the transmission of COVID-19, including, without limitation, the access/use restrictions set forth above. The undersigned acknowledges and agrees that ZSA may revise their procedures at any time based on updated recommended guidance and recommendations issued by public health agencies and further agrees to comply with ZSA’s revised procedures prior to utilizing the facilities, services, and/or prior to participating in the programs of ZSA. The undersigned further acknowledges and agrees that, due to the nature of the facilities, services, activities, and programs offered by ZSA, the social distancing of 6 feet per person among children and their fellow participants or others is not always possible. The undersigned fully understands and appreciates both the known and potential dangers of participating in the programs, services, activities, 2 and/or utilizing the facilities of ZSA and acknowledges that use thereof by the undersigned and/or such participating children may, despite ZSA’s reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN ZSA’S’ PROGRAMS, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:
THE UNDERSIGNED, ON HIS OR HER BEHALF AND ON BEHALF OF SUCH PARTICIPATING CHILDREN, HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE ZSA, their national governing body organization, or any of their respective directors, officers, employees, volunteers and agents, or any of the fellow participants or their family members or guests from all liability to the undersigned or such participating children and all personal representatives, assigns, heirs, and next of kin of the undersigned or such participating children for any loss or damage, and any claim or demands on account of any property damage or any injury to, or an illness or the death of, the undersigned or such participating children (or any person who may contract COVID-19, directly or indirectly, from the undersigned or such participating children) whether caused by the negligence, active or passive, of ZSA or otherwise while the undersigned or such participating children are in, upon, or about the premises or any facilities or using any equipment of or participating in any program of or affiliated with ZSA.
THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS ZSA, THEIR NATIONAL GOVERNING BODY ORGANIZATION, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, BOARD MEMBERS, EMPLOYEES, VOLUNTEERS AND AGENTS AGAINST THE CONSEQUENCES OF THEIR OWN CULPABLE CONDUCT AND LIABILITY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, GROSS NEGLIGENCE, MALICE, BREACH OF WARRANTY, STRICT LIABILITY, WRONGFUL DEATH, SURVIVAL CAUSES OF ACTION, VIOLATIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES ACT, BREACH OF CONTRACT, PREMISES LIABILITY, PRODUCT LIABILITY, WILLFUL AND MALICIOUS CONDUCT, CAUSES OF ACTION BASED ON LOSS OF CONSORTIUM, PUNITIVE OR EXEMPLARY DAMAGES, CONTRIBUTION CAUSES OF ACTION, AND CLAIMS BASED ON LIENS OR BILLS FOR MEDICAL SERVICES OR CARE RECEIVED BY THE UNDERSIGNED AND/OR PARTICIPATING CHILDREN ARISING OUT OF PARTICIPATION IN ANY PROGRAM, ACTIVITY, OR SERVICES OF ZSA OR IN, UPON OR ABOUT THE PREMISES OR ANY FACILITIES OR EQUIPMENT AFFILIATED WITH ZSA, IF ANY, REGARDLESS OF WHETHER SUCH CULPABLE CONDUCT WAS THE SOLE, PROXIMATE OR PRODUCING CAUSE OR PROXIMATE OR PRODUCING CAUSE JOINTLY AND CONCURRENTLY WITH THE CULPABLE CONDUCT, IF ANY, OF THE UNDERSIGNED AND/OR PARTICIPATING CHILDREN, OR ANY OTHER PERSON OR ENTITY.
The undersigned understands and agrees that ZSA is not required to provide insurance to cover the undersigned or such participating children in the event they suffer an illness, injury, death, property loss, theft or damage of any sort upon, or about the premises or any facilities or equipment therein or while participating in any program, activity, or service affiliated with ZSA.
The undersigned agrees and acknowledges that the use of ZSA’s facilities and services, and participation in ZSA’s programs, activities, and services, may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, death, or property damage. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY, DEATH OR PROPERTY DAMAGE to the undersigned or such participating children due to NEGLIGENCE, ACTIVE OR PASSIVE, or otherwise while in, about, or upon the premises of ZSA and/or while using the premises or any facilities or equipment thereon and/or while participating in or observing any program affiliated with ZSA. The undersigned acknowledges that any illness or injuries that the undersigned or such participating children contract or sustain may be compounded by negligent first aid or emergency response of ZSA’s directors, officers, employees, volunteers, and agents and waive any claim in respect thereof.
THE UNDERSIGNED further expressly agrees that the foregoing ASSUMPTION OF RISK, RELEASE, AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE, AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM ZSA IN CASE OF ILLNESS, INJURY, DEATH, OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AT ANY ZSA FACILITY OR DURING PARTICIPATION IN ANY PROGRAM AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF MINOR: I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT TO ZSA THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).
I have read and understood the terms of this Assumption of Risk, Release, and Waiver of Liability, and Indemnity Agreement and agree to its terms.