Waiver: In consideration of Eagle Fustar accepting the enrollment of Participant in a program at Eagle Fustar and/or Participant’s use (today and on all future dates) of the property, facilities, parking lot, buildings, fields, equipment, and services of Eagle Fustar, Participant and his/her Parent/Guardian, on behalf of Participant’s heirs, next of kin, personal representatives, and/or assigns, promise not to sue or bring any action against Eagle Fustar, its affiliated companies, or any of their members, directors, officers, employees, volunteers, sponsors, independent contractors or agents, and release each of them from all liability in connection with all claims for (1) personal injury or illness (including death) and (2) damage to, or loss or theft of, property (including personal items, car, and money), arising from Participant's: enrollment in a program at Eagle Fustar; presence at Eagle Fustar; receipt of medical care or treatment for any physical or mental condition; use of Eagle Fustar’s facilities, services, premises and equipment; as well as Participant’s negligence, willful misconduct, or criminal behavior; involvement in accidents; participation in horse play, sport program practices, tournaments, instruction, school activities, and social activities; travel; exposure to inclement weather; and/or any other circumstance or cause of a similar nature, but excluding Eagle Fustar’s willful misconduct or criminal behavior.
Publicity Consent: Participant and Parent/Guardian consent to all recording, photographing and filming of Participant and all agree that Eagle Fustar can use these recordings and images at any time and in any manner without payment to, or additional consent of Participant or Parent/Guardian.
Indemnification: Participant and Parent/Guardian also agree to indemnify and hold harmless Eagle Fustar and its affiliated companies and each of their members, directors, officers, employees, volunteers, sponsors, independent contractors and agents, from all claims and amounts related to legal and other action brought against Eagle Fustar for damages caused by Participant (i.e. for damages incurred while fighting with another participant) and to reimburse Eagle Fustar for any expenses incurred for claims brought against Eagle Fustar as a result of Participant’s enrollment in a program at Eagle Fustar; presence at Eagle Fustar; receipt of medical care or treatment for any physical or mental condition; use of Eagle Fustar’s facilities, services, premises and equipment; as well as Participant’s negligence, willful misconduct, or criminal behavior; involvement in accidents; participation in horse play, sport program practices, tournaments, instruction, school activities, and social activities; travel; exposure to inclement weather; and/or any other circumstance or cause of a similar nature, but excluding Eagle Fustar’s willful misconduct or criminal behavior. Participant and Parent/Guardian agree to pay all costs and attorneys’ fees incurred by Eagle Fustar in investigating and defending a claim or suit but only if Participant’s (or Parent/Guardian's) claim is withdrawn or to the extent an arbitrator determines that Eagle Fustar is not responsible for the injury or loss.
Severability and Venue: Participant and Parent/Guardian further expressly agree that this waiver is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid it is agreed that the remaining portion of the waiver will continue in full legal force and effect. Also, Participant and Parent/Guardian agree that all disputes must be resolved using binding arbitration and take place at the office of the American Arbitration Association located nearest to Santa Clara, California.
COMMUNICABLE DISEASES INCLUDING COVID-19 FOR MINOR PARTICIPANTS
IN CONSIDERATION OF my child/ward being allowed to Name of Minor Child/Ward participate in any way in the Eagle Fustar Tennis/Tennis Development LLC related events and activities, the undersigned acknowledges, appreciates, and agrees that:
The risks of injury and illness (ex: communicable diseases such as MRSA, influenza, and COVID-19) to my child from the activities involved in these programs are significant, including the potential for permanent disability and death, and while particular rules, equipment, and personal discipline may reduce these risks, the risks of serious injury and illness do exist; and,
1. FOR MYSELF, SPOUSE, AND CHILD, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASES or others, and assume full responsibility for my child’s participation; and,
2. I willingly agree to comply with the program’s stated and customary terms and conditions for participation. If I observe any unusual significant concern in my child’s readiness for participation and/or in the program itself, I will remove my child from the participation and bring such attention of the nearest official immediately; and,
3. I myself, my spouse, my child, and on behalf of my/our heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Eagle Fustar Tennis/Tennis Development LLC; its directors, officers, officials, agents, employees, volunteers, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, or loss or damage to person or property incident to my child’s involvement or participation in these programs, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
4. I, for myself, my spouse, my child, and on behalf of my/our heirs, assigns, personal representatives and next of kin, HEREBY INDEMNIFY AND HOLD HARMLESS all the above Releasees from any and all liabilities incident to my involvement or participation in these programs, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent permitted by law.
5. I, the parent/guardian, assert that I have explained to my child/ward: the risks of the activity, his/her responsibilities for adhering to the rules and regulations, and that my child/ward understands this agreement.
Acknowledgment of Understanding: Participant and Parent/Guardian have read this waiver and fully understand its terms. Participant and Parent/Guardian understand that Participant is giving up rights, including the right to compensation for injury resulting from negligence of Eagle Fustar. Participant and Parent/Guardian acknowledge that they are signing the agreement freely and voluntarily, and intend their signatures to be a complete and unconditional release of all liability to the greatest extent allowed by law. Signing this waiver as parent/guardian, I acknowledge that I am consenting to Participant’s participation in a program at Eagle Fustar and represent to Eagle Fustar that I understand all risks are expressly assumed by Participant and myself and all related claims are expressly waived in advance, other than claims not covered herein.
I, FOR MYSELF, MY SPOUSE, AND CHILD/WARD, HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.