Waiver - Adult
BCVB participants should submit the following prior to attending activities. Please fill this out no earlier than 3 hours prior to the event!
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First and Last Name *
Consent for Participation and Waiver of LiabilityI, the undersigned hereby consent to participate in activities (the “Activity”) offered by Big City Volleyball League, LLC (“Big City Volleyball”) and I hereby agree to the terms of this release (“Release”) as follows:I acknowledge I am familiar with Eligibility Rules and I agree that my participation in the Activity shall be in compliance therewith. (Note: violation of Eligibility Rules may result in expulsion from the Activity without refund). Furthermore, by registering for the Activity, I represent and warrant that the expenditure to participate in the Activity has been approved and acknowledge that, even if participation in the Activity is not undertaken, after registration, the entire registration fee shall still be due.I agree that I may be filmed, photographed, and recorded as part of my participation in the Activity by Big City Volleyball or its respective related parents, affiliates and subsidiaries and their respective officers, directors, directors, principals, agents, and partners (collectively, “Big City Volleyball Parties”), media organizations, and others, including those working on their behalf (“Permitted Parties”). I hereby grant to the Permitted Parties the unlimited right and permission to use any resulting films, photographs, and recordings, as well as my name, picture, likeness, voice, and biographical information, social media handle, performance, biographical information, and any material based thereon or derived therefrom, in whole or in part, together with any other material, in any manner, in any and all media (whether now known or hereafter devised), anywhere in the world in perpetuity, for any lawful purposes whatsoever, including, without limitation, for purposes of advertising or trade. I understand that, as between the parties, Big City Volleyball owns all right, title, and interest in any proceeds I shall have no right of approval, claim to compensation, or other claim (including, without limitation, claims for right of publicity) arising out of the exercise of the rights granted herein.AS A PARTICIPANT IN THE ACTIVITY, I RECOGNIZE AND ACKNOWLEDGE THAT THERE ARE CERTAIN RISKS OF PHYSICAL INJURY, AND I ASSUME THE FULL RISK OF ANY INJURIES, INCLUDING BUT NOT LIMITED TO DEATH, PERMANENT DISABILITY, OTHER PHYSICAL DAMAGE, SEVERE SOCIAL OR ECONOMIC LOSSES, THAT I MAY SUSTAIN AS A RESULT OF PARTICIPATING, IN ANY MANNER, IN ANY AND ALL ACTIVITIES CONNECTED WITH OR ASSOCIATED WITH SUCH ACTIVITY OR IN FOLLOWING ANY RECOMMENDATIONS ASSOCIATED WITH THE ACTIVITY. I WILL INSPECT BOTH THE FACILITIES AND THE EQUIPMENT TO BE USED, AND IF I BELIEVE THAT ANYTHING IS UNSAFE, I WILL IMMEDIATELY INFORM BIG CITY VOLLEYBALL AND WILL REFUSE TO PARTICIPATE IN THE ACTIVITY.I UNDERSTAND THAT THERE IS AN ON-GOING COVID-19 PANDEMIC. I HEREBY ACKNOWLEDGE THAT I AM AGREEING TO PARTICIPATE IN THE ACTIVITY PROVIDED BY BIG CITY VOLLEYBALL OF MY OWN VOLITION, WITH THE ACKNOWLEDGMENT THAT SUCH ACTIVITY MAY EXPOSE ME, AND ANY OTHER INDIVIDUAL WITH WHOM I RESIDE OR COME INTO CONTACT, TO THE COVID-19 VIRUS OR ANY POSSIBLE MUTATIONS THEREOF AND/OR ANY OTHER SIMILAR OR ENTIRELY NEW VIRUS YET TO BE DISCOVERED (INDIVIDUALLY AND COLLECTIVELY REFERRED TO HEREIN AS THE “VIRUS”). FURTHER, I UNDERSTAND THAT GIVEN THE CURRENT COVID-19 PANDEMIC, THE ACTIVITY CARRIES CERTAIN RISKS WHICH ARE INHERENTLY DANGEROUS, AND MAY RESULT IN MENTAL AND/OR EMOTIONAL DISTRESS, ILLNESS (WHICH MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, A MYRIAD OF SYMPTOMS BOTH KNOWN AND UNKNOWN, INCLUDING COUGH, FEVER, CHILLS, MUSCLE OR BODY ACHES, SORE THROAT, GASTROINTESTINAL ISSUES [E.G., NAUSEA, VOMITING, OR DIARRHEA], NEW LOSS OF TASTE OR SMELL, HEADACHE, CONGESTION OR RUNNY NOSE, AND/OR SHORTNESS OF BREATH/DIFFICULTY BREATHING), AND/OR DEATH. I HEREBY AGREE AND ACKNOWLEDGE THAT I AM PARTICIPATING IN THE ACTIVITY WITH FULL AND COMPLETE KNOWLEDGE OF THE POTENTIAL RISKS AND DANGERS INVOLVED (INCLUDING, WITHOUT LIMITATION, THOSE SET FORTH ABOVE) AND I AM VOLUNTARILY ASSUMING FULL RESPONSIBILITY FOR ALL KNOWN AND UNKNOWN RISKS, HAZARDS AND DANGERS ARISING FROM, OR RELATED IN ANY WAY TO, MY PARTICIPATION IN THE ACTIVITY AND TRAVEL IN CONNECTION THEREWITH, HOWEVER CAUSED, WHETHER BY NEGLIGENCE OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, I ACKNOWLEDGE THAT IN THE EVENT I OR ANYONE WITH WHOM I RESIDE CONTRACTS THE VIRUS AT ANY TIME BEFORE OR AFTER THE DATE HEREOF, I WILL BE UNABLE TO ASCERTAIN WHERE OR HOW I WAS EXPOSED TO IT DUE TO THE FACT THAT THE VIRUS IS HIGHLY WIDESPREAD AND CONTAGIOUS AND CAN SPREAD EASILY AND EXPONENTIALLY BETWEEN PEOPLE AND POTENTIALLY THROUGH DIRECT CONTACT WITH EVERYDAY OBJECTS.I FURTHER REPRESENT AND WARRANT THAT (I) I AM IN GOOD HEALTH AND HAVE NO MEDICAL, PHYSICAL, OR EMOTIONAL CONDITION THAT WILL OR MIGHT INTERFERE WITH MY ENGAGING IN THE ACTIVITY OR MIGHT CAUSE INJURY TO MYSELF OR OTHER AS A RESULT OF MY PARTICIPATION IN THE ACTIVITY (THIS INCLUDES, WITHOUT LIMITATION, THAT I HAVE NOT IN THE PAST FOURTEEN (14) DAYS EXPERIENCED SYMPTOMS GENERALLY ASSOCIATED WITH COVID-19, HAVE NOT TESTED POSITIVE FOR COVID-19, HAVE NOT BEEN IDENTIFIED AS A CARRIER OF COVID-19, HAVE NOT BEEN IN CLOSE CONTACT (E.G., WITHIN SIX [6] FEET FOR A PROLONGED PERIOD OF TIME OR HAVING DIRECT CONTACT WITH INFECTIONS SECRETIONS) WITH ANY PERSON WHO HAS TESTED POSITIVE FOR COVID-19, HAVE NOT DISPLAYED ANY OF THE SYMPTOMS GENERALLY ASSOCIATED WITH COVID-19), AND HAVE NOT HAD A FEVER (OF 100.4°F OR GREATER) WITHIN THE PAST TWENTY-FOUR (24) HOURS WITHOUT THE USE OF MEDICINE THAT REDUCES FEVER; (II) I SHALL FOLLOW ALL GUIDELINES PROVIDED BY BIG CITY VOLLEYBALL, AND SHALL WEAR PROTECTIVE GEAR CONSISTENT WITH CURRENT GUIDELINES ISSUED BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION (E.G., A CLOTH FACE COVERING) DURING ENTRANCE/EXIT FROM THE ACTIVITY AND KEEP A SAFE DISTANCE OF AT LEAST SIX (6) FEET AWAY FROM OTHERS TO THE EXTENT REASONABLY PRACTICABLE, BUT I ACKNOWLEDGE THAT THIS ALONE MAY NOT BE ADEQUATE TO PROTECT ME FROM CONTRACTING COVID-19; (III) I HAVEConsent for Participation and Waiver of LiabilityCONSULTED MY PHYSICIAN REGARDING THE ADVISABILITY FROM A PHYSICAL AND EMOTIONAL HEALTH PERSPECTIVE REGARDING THE ACTIVITY AND THE POTENTIAL RISKS ASSOCIATED THEREWITH; (IV) I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY; (V) I AM PHYSICALLY FIT AND HAVE SUFFICIENT EXPERIENCE AND TRAINING FOR THE ACTIVITY; (VI) I HAVE BEEN INFORMED AND UNDERSTAND THAT PHYSICAL EXERCISE HAS BEEN ASSOCIATED WITH CERTAIN RISKS, INCLUDING BUT NOT LIMITED TO MUSCULOSKELETAL INJURY, SPINAL INJURIES, ABNORMAL BLOOD PRESSURE RESPONSES, AND, IN RARE INSTANCES, HEART ATTACK OR DEATH. I HAVE BEEN INFORMED BY MY DOCTOR THAT I AM MEDICALLY ABLE TO PARTICIPATE IN THE ACTIVITY; (VII) I UNDERSTAND THAT THE HEALTH-RELATED INFORMATION, INCLUDING WITHOUT LIMITATION NUTRITION, TRAINING, AND EXERCISE INFORMATION, GIVEN AT THE ACTIVITY IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR FOR THE CARE THAT PATIENTS RECEIVE FROM THEIR DOCTORS OR HEALTHCARE PROFESSIONALS. I UNDERSTAND THAT I AM RECEIVING AND USING SUCH HEALTH-RELATED INFORMATION AT MY OWN RISK.TO THE MAXIMUM EXTENT PERMITTED BY LAW, I, AND ON BEHALF OF MY HEIRS, EXECUTORS, AGENTS, SUCCESSORS AND ASSIGNS, HEREBY RELEASE, HOLD HARMLESS, AND FOREVER DISCHARGE BIG CITY VOLLEYBALL AND THEIR RESPECTIVE PARENT, SUBSIDIARY AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, DIRECTORS, PRINCIPALS, AGENTS, PARTNERS, REPRESENTATIVES, EMPLOYEES AND CONTRACTORS, AS WELL AS ALL ADMINISTRATORS, DIRECTORS, AGENTS, COACHES, REFEREES, SECURITY PERSONNEL, AND OTHER EMPLOYEES OF BIG CITY VOLLEYBALL, OTHER PARTICIPANTS, SPONSORING AGENCIES, SPONSORS, ADVERTISERS, AND, IF APPLICABLE, OWNERS AND LESSORS OF PREMISES USED TO CONDUCT THE EVENT OR ACTIVITY (THE “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, COSTS, EXPENSES, INJURIES OR CAUSES OF ACTION WHATSOEVER THAT IN ANY WAY ARE CAUSED BY, ARISE OUT OF OR RESULT FROM THIS RELEASE, THE ACTIVITY, MY PRESENCE AT OR TRAVEL TO ANY LOCATION IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY, ON ANY LEGAL THEORY WHATSOEVER REGARDLESS OF WHETHER CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED PARTIES (COLLECTIVELY, THE “RELEASED CLAIMS”). I WILL INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS FROM ANY AND ALL SUCH CLAIMS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, COSTS, EXPENSES, INJURIES OR CAUSES OF ACTION, AS WELL AS ALL THOSE THAT IN ANY WAY ARE CAUSED BY, ARISE OUT OF OR RESULT FROM ANY BREACH OR ALLEGED BREACH BY MYSELF OF ANY OF THE REPRESENTATIONS OR WARRANTIES MADE BY ME IN THIS RELEASE. I AGREE THAT IF IN THE NEXT 14 DAYS I LEARN OR HAVE REASON TO BELIEVE THAT I, OR SOMEONE WITH WHOM I HAVE HAD CLOSE CONTACT IN THE PAST 14 DAYS DEVELOPED COVID-19 SYMPTOMS, TESTED POSITIVE FOR COVID-19, OR HAS OTHERWISE BEEN IDENTIFIED AS A CARRIER OF COVID-19, I WILL PROMPTLY INFORM BIG CITY VOLLEYBALL.I EXPRESSLY AGREE THAT THE FOREGOING RELEASE AND WAIVER OF LIABILITY IS INTENDED TO BE AS BROAD AND AS INCLUSIVE AS IS PERMITTED BY APPLICABLE LAW AND THAT IF ANY PORTION HEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT.I AM EIGHTEEN (18) YEARS OR OLDER. I HAVE CAREFULLY READ AND FULLY UNDERSTAND THIS RELEASE AND WAIVER OF LIABILITY AND UNDERSTAND THE NATURE OF THE ACTIVITY AND THAT I AM ASSUMING THE FULL RISK OF, AND RELEASING AND HOLDING HARMLESS THE RELEASED PARTIES FROM, ANY INJURY, DEATH OR DAMAGE (INCLUDING BUT NOT LIMITED TO ANY INJURY OR DEATH RESULTING FROM CONTRACTING COVID-19) CONNECTED IN ANY WAY WITH PARTICIPATI0N IN THE ACTIVITY. I FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS ON THE SUBJECT MATTER HEREOF APART FROM THIS WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT THIS IS A RELEASE AND WAIVER OF LIABILITY AND A CONTRACT BETWEEN ME AND THE RELEASED PARTIES THAT GOVERNS OUR LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.This Release shall be deemed to be entered into in the State of New York and shall be governed by and interpreted in accordance with the substantive laws of the State of New York without regard to that state’s or country’s choice of law provisions. The illegality, invalidity or unenforceability of any provision of this Release shall in no way affect the validity or enforceability of any of the remainder of this Release, which shall be enforced to the maximum extent permitted by law. This Release cannot be terminated, rescinded or amended, except by a written agreement signed by both myself and Big City Volleyball. This Release may be executed by original, facsimile or electronic signatures, each of which will be deemed an original. *
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