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Services Agreement – Gold Medal Squared Volleyball
This Agreement (“Agreement”) governs the provision of volleyball training services from Gold Medal Squared to the participant named below, and further governs engagement in an educational clinic by the participant. In consideration of the provisions herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:
PartiesGOLD MEDAL SQUARED WEST, INC., an Arizona S Corporation (the “Provider”);
and
The undersigned, indicated as an adult individual or minor individual (the “Athlete”), or a parent or guardian (the “Guardian”) signing with informed consent on behalf of a minor Athlete (Athletes and Guardians collectively as “Participants”);
any of which may be referred to as a “Party”, or collectively as “Parties”.
Recitals
WHEREAS, the Provider is in the business of providing training and coaching in volleyball;
WHEREAS, the Participants desire 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.
Agreement
Gold Medal Squared
29455 N Cave Creek Rd
Ste 118-474
Cave Creek, AZ 85331
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 (“Participant”) acknowledges, appreciates and agrees that:
Volleyball is acknowledged and deemed to be a sport with significant risk of serious or permanent bodily or dental injury or even death (collectively, “Injury”). The Participant hereby knowingly assume the risks and waives claims for Injury occurring in Gold Medal Squared volleyball and Activities related thereto wherever located.
The risk of injury from the Activities is significant and unpredictable, including the potential for cuts and lacerations, injuries to bones, muscles and ligaments, as well as risk of concussion, brain damage, permanent paralysis, and death. Participant may also be exposed to communicable diseases from contact with other Participant’s, facilities or equipment. While particular rules, equipment and personal discipline may reduce this risk, the potential for serious injury cannot be completely eliminated. These risks are increased in the presence of larger groups of participants.
The act of training, practicing, playing and competing in the sport of volleyball requires that Participants engage in activities prone to the risks disclosed in this Attachment, whether of the Participant’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. I/we and/or Guardian consents to Participant receiving instructions from Coaches which may direct the Participant to engage in these activities in accordance with the ordinary practices of training and competition.
I/we and/or Guardian certify that Participant is in suitable physical and mental condition and has no physical or mental limitations or conditions which may prevent or be aggravated or harmed by the Activities.
I/we 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/we and/or parent/guardian willingly agree to comply with any rules and regulations of the facility. If, however, I/we or parent/guardian observe any unusual significant hazard in participation, I/we will bring such hazard to the attention of the nearest Facility official immediately.
I/we and/or Guardian, for myself or for Participant, and on behalf of my 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, Users or otherwise.
Released Parties may administer first aid or other needed care on the Participant in the event of any apparent injury. I/we and/or Guardian acknowledges 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 release of liability, and assumption of risk agreement, fully understand its terms without any inducement. This is to certify that I, and/or Guardian with legal responsibility for this participant, have read the rules and regulations for participation in this activity, have represented by age and/or the age of the participant honestly and do consent and agree to his/her release as provided above of all the Released Parties, and for myself, my heirs and next-of–kin, I 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 above, even if arising from the negligence or gross negligence of Released Parties or Users.
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