Assumption of Risk, Waiver of Liability, and Indemnification Agreement: Nature of the Activity and Assumption of Inherent Risks

TLH Reckoning INC (hereafter referred to as TLH Reckoning) is a professionally run soccer franchise consisting of development programs and teams in Tallahassee, Florida. TLH Reckoning conduct many activities that involve participation by parties who are not employed by TLH Reckoning. Some of these activities include, but are not limited to, team tryouts, halftime activities at games, team promotional events, training sessions, games, special events, soccer clinics, and soccer camps. In this document, these activities will be referred to collectively as TLH Reckoning Activities. Some of these involve participation in soccer-related activities such as games, drills, skill or fitness tests, conditioning, and soccer instruction. These activities involve vigorous physical activity and, like all physical activity, carry with them the inherent risk of injury. Some of those inherent risks are being hit in the head or face with a ball; collisions with other participants or stationary objects (such as the goals); goals overturning and striking a participant; over-exertion by a participant; heat-related illness; and unexpected extreme weather (such as lightning, tornado, high winds). Some activities may include fun games and contests, competition between attendees, and activities with which the participant is unfamiliar – all of which have inherent risks. Participants can be over-enthusiastic and be injured while caught up in the spirit of the event and trip, fall, or suffer other mishaps. Other inherent risks in all TLH Reckoning Activities include unexpected equipment failure; failure of safety equipment to protect; erratic or careless behavior of the participant; erratic or careless behavior of other participants; supervisory or judgment error by TLH Reckoning staff, coach, instructor, referee (e.g., coach, instructor, or referee misjudging the capacity of the participant to perform an action; failure of the instructor, coach, or referee to see or recognize dangerous actions or situations, failure to spot a hazard during facility inspection).

TLH Reckoning feels that it is important that that PARTICIPANTS (and Guardians if a minor) need to be aware that three types of injury can occur as a result of TLH Reckoning Activities. Most common are minor injuries, which include, but are not limited to, bruises, cuts, scratches, minor sprains, muscle pulls, muscle soreness, and headaches. Occasionally, a participant suffers a major injury, which includes, but is not limited to, eye injuries, broken bones, joint injuries (e.g., fractures, dislocations), internal organ injury, severe sprains, and concussions. And finally, while rare, there is the possibility of a catastrophic injury, which includes, but is not limited to, spinal injuries, injuries resulting in permanent disability, paralysis, heart attack, stroke, brain injury, and death.

I, the PARTICIPANT/PARENT, have read the above paragraphs and know that TLH Reckoning Activities contain inherent risks which are impossible to prevent. I understand the nature and demands of TLH Reckoning Activities relative to my physical condition and skill level, and I appreciate the types of injuries that may occur as a result of TLH Reckoning Activities and their potential impact on my well-being and lifestyle. I hereby assert that my participation is voluntary and that I knowingly assume all inherent risks.

Assumption of Risk, Waiver of Liability, and Indemnification Agreement: Waiver of Liability for Ordinary Negligence

In consideration of permission to participate in TLH Reckoning Activities and services, today and on all future dates, I, the PARTICIPANT/PARENT, on behalf of myself, my spouse, my child, my heirs, personal representatives, and assigns [hereafter referred to as Releasing Parties] do hereby release, waive, discharge, and covenant not to sue TLH Reckoning, or owners, directors, officers, affiliates, employees, volunteers, coaches, instructors, referees, independent contractors, equipment providers, agents, and co-participants [hereafter referred to as Protected Parties] from liability from any and all claims arising from the ordinary negligence of TLH Reckoning or the other Protected Parties.

This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in TLH Reckoning Activities (including, but not limited to, team tryouts, halftime activities at games, team promotional events, special events, soccer clinics, and soccer camps; this includes instruction or classes, observation, use of facilities or equipment, shower/locker room area, and all premises including the associated sidewalks and parking lots); and to 2) any and all claims resulting from the damage to, loss of, or theft of property.

Indemnification Agreement: I, the PARTICIPANT/PARENT, also agree to hold harmless, defend, and indemnify TLH Reckoning and Protected Parties (that is, defend and pay any judgments and costs, including investigation costs, attorney’s fees, and related expenses) from any and all claims of Releasing Parties or others acting on my behalf, arising from my participation in TLH Reckoning Activities (including those arising from the inherent risks of the activity or the ordinary negligence of Protected Parties). I further agree to hold harmless, defend, and indemnify TLH Reckoning and Protected Parties against any and all claims of co-participants, rescuers, and others arising from my conduct while participating in TLH Reckoning Activities or while I am on the premises used or controlled by TLH Reckoning.

Clarifying Clauses: I, the PARTICIPANT/PARENT

1) Affirm this is the entire agreement between me and TLH Reckoning; it can be changed only by written agreement by me and an authorized member of TLH Reckoning.

2) I further expressly agree that the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

3) I also understand that if any legal action is brought, the appropriate trial court for the County of Leon in the State of Florida has the sole and exclusive jurisdiction and that only the substantive laws of the State of Florida shall apply.

Assumption of Risk, Waiver of Liability, and Indemnification Agreement: Participant Agreements, Acknowledgements, and Assertions

Health I, the PARTICIPANT/PARENT

Acknowledge that TLH Reckoning urges participants to get medical clearance prior to participation in vigorous activities.
Affirm that I have no health problems that would make participation in TLH Reckoning Activities unwise.
Possess a sufficient level of skill and physical fitness for safe participation in TLH Reckoning Activities.
Acknowledge that it is my duty to inform staff and cease exercise immediately in the event of unusual discomfort (e.g., faintness, shortness of breath, high anxiety, and chest pains).

Safety I, the PARTICIPANT/PARENT

Affirm that it is my duty to cease participation if I feel a hazard or playing conditions are overly perilous.
Will inspect the facilities and equipment and participate only if I feel they are sufficiently safe.
Agree to participate in activities that I feel are safe.

Injury I, the PARTICIPANT/PARENT

Agree to report all injuries, both minor and more serious ones, to TLH Reckoning before leaving the facility.
Authorize TLH Reckoning to render emergency first aid or CPR and secure emergency medical care or transportation (i.e., EMS) when deemed necessary by TLH Reckoning; and I agree to assume all costs of emergency medical care and transportation.

Photo/Video/Medical Information Release I, the PARTICIPANT/PARENT

Authorize TLH Reckoning to use photos or videos of participant in print or electronic marketing, advertising, and web content.
Authorize TLH Reckoning, in emergency situation, to release my medical history information to physician/medical services.
I authorize TLH Reckoning and its medical program to use my data anonymously for scientific and research related purposes.

Email Notifications I, the PARTICIPANT/PARENT

Acknowledge and grant permission for my email address will be saved for TLH Reckoning communication purposes, i.e., weekly newsletter and 'first to know' alerts.
Acknowledge that I may unsubscribe from these communication alerts at any time.

WAIVER AND INFORMED CONSENT FOR ATHLETES WITH AN EXISTING HEALTH CONDITION OR RISK

The TLH Reckoning requires that players with existing health risks work with their physicians to ensure that their participation with TLH Reckoning is compatible with their existing treatment plan and does not pose an unacceptable risk to their ongoing health condition and/or recovery process.

1. I desire to participate in the TLH Reckoning including training and competitions. I acknowledge that I have (or have in the past had or experienced) an existing health risk or medical problem or condition as described below (must report below).

2. In relation to the existing or previous health problem or condition, as identified above, I confirm the following statements:

My participation in the Program is not contrary to my current medical treatment program or regime; and
I have not been advised by any physician or other health treatment professional to avoid or not participate in this or other types of physical activity.

3. Prior to my participation in the Program, I will provide TLH Reckoning with a letter or written medical release from my physician (or other health professional currently providing treatment) approving my participation in the Program.

4. I acknowledge that I have read the above release and understand that I am relinquishing any and all rights that I or any of my dependents, or my heirs, executors, or any administrators might have against the TLH Reckoning for any loss, damage, injury, death or expense suffered by me in connection with my involvement in the Program. I sign it freely and voluntarily without any inducement.