CALIFORNIA BEACH VOLLEYBALL ASSOCIATION MEMBERSHIP WAIVER AND RELEASE, EXPRESS ASSUMPTION OF RISK, INDEMNITY AND HOLD HARMLESS AGREEMENT, AND GRANT OF RIGHTS
1. In full and complete consideration of my ability to participate in any present or future volleyball events, competitions and activities that are operated, organized, sanctioned by or associated with the California Beach Volleyball Association , Inc. ("ORGANIZER") and any affiliated training, learning, practicing, competing, spectating, and other associated activities (collectively the "EVENTS") and/or in consideration of my being able to enter into or upon the premises and facilities and locations where said EVENTS are or will be taking place, I, for myself, and on behalf of my personal representatives, heirs, and next of kin (collectively "RELEASING PARTY") hereby acknowledge and agree as follows:
WAIVER AND RELEASE AND MEDICAL CONSENT
2. RELEASING PARTY the CBVA Adult Participant or CBVA Minor Participant (& Parent/Guardian), on behalf of myself, my spouse, heirs, executors, administrators, personal or legal representatives, and assigns (hereafter referred to as the Releasing Parties) hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE ORGANIZER, any sponsors, advertisers, and organizers of the EVENTS, any other participants in the EVENTS, premises and facilities owners or lessors including the County of Los Angeles Department of Beaches and Harbors, the State of California, and any city or county therein including The County of Los Angeles and/or each of their affiliated owners, parents, subsidiaries, licensees, shareholders, officers, directors, managing agents, employees, independent contractors, members, agents, attorneys, investors, affiliated organizations and entities, or any other persons assisting or participating in their activities, including the EVENTS (collectively the "RELEASEES") FROM ALL LIABILITY OF WHATEVER KIND OR NATURE, IN LAW, EQUITY OR OTHERWISE, WHETHER NOW KNOWN OR UNKNOWN, USPECTED OR UNSUSPECTED, FOR ANY AND ALL PRESENT OR FUTURE LOSS OR DAMAGE, AND ANY CLAIMS, LIENS, DEMANDS, CAUSES OF ACTION, debts, liabilities, expenses including court costs and attorney’s fees, SUITS OR JUDGMENTS THEREFROM (collectively the "LIABILITY") ON ACCOUNT OF ANY PERSONAL INJURY, INJURY TO PERSONAL PROPERTY, OR RESULTING IN DEATH ARISING OUT OF OR RELATED TO THE EVENTS or RELEASING PARTY’s presence in or upon the premises and facilities and locations where the EVENTS are or will be taking place. This waiver and release includes, without limitation, premises liability and LIABILITY from any cause whatsoever, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES. Such LIABILITY encompasses, but is not limited to, participation as an active participant or as a spectator, NEGLIGENT RESCUE EFFORTS, and NEGLIGENT enforcement of (or the failure to enact or enforce) rules and regulations. It also ncompasses LIABILITY concerning the NEGLIGENT selection, use, or maintenance of any equipment or facility related to the EVENTS.
3. RELEASING PARTY also specifically AUTHORIZES AND CONSENTS TO RELEASEES providing and/or arranging for MEDICAL CARE OR TREATMENT OR EMERGENCY MEDICAL SERVICES OR RESCUE EFFORTS in the event of an emergency or in the event of an injury or medical condition that develops or occurs during participation in the EVENTS or during the RELEASING PARTY’s presence in or upon the premises and facilities and locations where the EVENTS are or will be taking place. RELEASING PARTY expressly waives and releases and agrees to hold RELEASEES harmless from and against any and all LIABILITY arising there from.
EXPRESS ASSUMPTION OF THE RISK
4. RELEASING PARTY hereby acknowledges and understands that RELEASING PARTY’s participation in the EVENTS, including without limitation playing volleyball and engaging in physical exercise and activity, may be VERY DANGEROUS and could result in personal injury, death, and/or property damage. This agreement also constitutes an express and contractual ASSUMPTION OF ALL RISKS AND DANGERS associated with and inherent in the EVENTS which include, but are not limited to, the risk of being struck by objects or equipment and/or making contact with or colliding with other participants, spectators, and natural or manmade objects. The EVENTS will include participants of all skill levels, including both experienced and amateur persons, and RELEASING PARTY expressly assumes the risks associated with mixed and varying skill levels. RELEASING PARTY further acknowledges and understands that there may be undefined and presently unknown risks and dangers associated with the EVENTS and that there may be risks and dangers that may result from the NEGLIGENCE of the RELEASEES, including, without limitation, in providing instruction or guidance, and in the operation or design or maintenance of the premises and facilities and locations where the EVENTS are or will be taking place. Risks and danger may also result, without limitation, in the selection, use, or maintenance of any equipment or facility or service related to the EVENTS. RELEASING PARTY hereby expressly assumes all such risks and dangers whether presently known or unknown.
INDEMNITY AND HOLD HARMLESS
5. RELEASING PARTY hereby agrees to DEFEND, INDEMNIFY, SAVE AND HOLD HARMLESS the RELEASEES from any LIABILITY, including from court costs and attorney’s fees, arising out of or related to this agreement or RELEASING PARTY’s participation in any way in the EVENTS and/or RELEASING PARTY’s presence in or upon the premises and facilities where the EVENTS are or will be taking place. RELEASING PARTY also hereby agrees to DEFEND, INDEMNIFY, SAVE AND HOLD HARMLESS the RELEASEES from any LIABILITY, including from court costs and attorney’s fees, caused by or arising out of any statement, action or failure to act by me during or in connection with RELEASING PARTY’s articipation in the EVENTS, and/or arising out or RELEASING PARTY’s tortious or criminal conduct.
GRANT OF RIGHTS
6. RELEASING PARTY grants to ORGANIZER, and its successors, licensees and assigns, the irrevocable right (but not the obligation) to film, tape and/or photograph, record, exhibit, edit and otherwise use my name, likeness, voice, conversation, sounds and biographical data on or in connection with the EVENTS in any manner in its sole election and sole discretion. ORGANIZER may use such materials to promote future events. ORGANIZER, and its successors, licensees and assigns, shall be the owner of all rights to said materials, and may use or license the results and proceeds of such materials in all media throughout the world in perpetuity as part of any programming and in the advertising and promotion thereof without limitation or liability.
7. If applicable, Releasing Party hereby consents to Organizer providing Association of Volleyball Players ("AVP") with the following information about Releasing Party: (i) first and last name, (ii) address, (iii) phone number, (iv) date of birth, (v) email address, (vi) gender, (vii) password, and (viii) California Beach Volleyball Association member number. AVP will use such information solely for the purpose of providing Releasing Party an AVP membership.
8. RELEASING PARTY agrees and understands that this agreement shall be deemed entered into in Los Angeles County, California, and that it shall be governed by and interpreted under the laws of California.
9. RELEASING PARTY represents and warrants that he/she is at least eighteen (18) years of age and has the full, complete and unrestricted right, power and authority to enter into this agreement, to waive and release all matters stated therein, expressly assume all risks and dangers associated with the EVENTS, agree to indemnify the RELEASEES as stated herein, and the grants the rights set forth herein.
10. PARENT / GUARDIAN WAIVER FOR MINORS (Under 18 years old) The undersigned parent and/or natural guardian does hereby represent that he/she is, in fact, acting in such capacity and agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.
11. RELEASING PARTY HAS READ THIS AGREEMENT, FULLY UNDERSTANDS ITS TERMS, AND UNDERSTANDS THAT THIS IS AN IMPORTANT LEGAL DOCUMENT. RELEASING PARTY FURTHER UNDERSTANDS THAT BY SIGNING THE AGREEMENT HE/SHE IS GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHTS OF HIS/HER FAMILY. RELEASING PARTY SIGNS THIS DOCUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO HIM/HER AND RELEASING PARTY INTENDS HIS/HER SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. RELEASING PARTY further agrees that no oral representations, statements or inducements, apart from the foregoing written agreement, have been made to him. RELEASING PARTY was given ample opportunity to read the agreement and/or have it reviewed by legal counsel of his/her choice. RELEASING PARTY was also offered a copy of this agreement.
Additionally, AVA America waiver below
AVP America and its associate promoting organization California Beach Volleyball Association
Assumption of Risk – Waiver of Liability – Indemnification Agreement
AVP America is a national organization located in Fountain Valley, CA, which, through its member organizations, provides opportunities for youth and adults to learn and develop their volleyball and beach volleyball skills through participation in volleyball camps, clinics, leagues and tournaments. AVP America and its Member Organizations will hereafter be referred to as AVPA. Some of the many benefits of participation in volleyball include improvement of physical fitness, fun & enjoyment, learning teamwork, opportunity to compete, better health, weight maintenance, social interaction, building friendships, and involvement in wholesome recreation.
While these and other benefits of volleyball are apparent, AVPA feels it is important that the AVPA Adult Participant or AVPA Minor Participant (& Parent/Guardian) understand that there are risks inherent in all physical activity including volleyball. While AVPA takes great care to reduce the risks associated with volleyball participation, it is impossible to eliminate all risks, including the risk of injury. Some of the inherent risks of volleyball include trauma and stress (e.g., to bones, muscles and joints); falls on hard surfaces; being struck by fast moving balls; collisions (e.g., with other players, standards, obstructions, or walls); inflammation (e.g., in joints, muscles, tendons, etc.); weather-related risks (e.g., hot, humid weather; cold, inclement weather; lightning; high winds); over-exertion; participant failure to adhere to rules or warnings; careless, erratic, or negligent acts by co-participants; unexpected equipment failure; playing surface faults (e.g., uneven, slick, wet); unexpected facility hazards or defects; errors in judgment by AVPA personnel, coaches, game officials, or volunteers – including, but not limited to, misjudging participant ability or fitness level, misjudging weather conditions, failure to give adequate warnings or adequate instructions, and concentration lapses while supervising. AVPA feels that it is important that the AVPA Adult Participant or AVPA Minor Participant (& Parent/Guardian) understand that three types of injuries can occur. Minor injuries are the most common and include, but are not limited to, muscle soreness, headaches, sprains, abrasions, cuts, black eyes, blisters, and bruises. Serious injuries are less common, but do occur in volleyball. They include, but are not limited to, stress fractures: broken bones (e.g., fingers, arms, legs); concussions; torn tendons, ligaments, or cartilage; rotator cuff injuries; eye injuries; cuts, broken teeth; and internal injuries. Catastrophic injuries are very rare; but AVPA feels that you should be aware of the possibility. These infrequent injuries include permanent disability, brain injury, paralysis, blindness, heart attack, stroke, and even death.
Assumption of Inherent Risks: I, the AVPA Adult Participant or AVPA Minor Participant (& Parent/Guardian) assert that I am familiar with the inherent risks of volleyball and have been reminded of some of the minor and serious inherent risks by the preceding paragraphs. I understand that all activities of AVPA include inherent risks that cannot be totally eliminated regardless of the care taken by AVPA. I know, understand, and appreciate the types of injuries inherent in AVPA activities. I, the AVPA Adult Participant or AVPA Minor Participant (& Parent/Guardian), hereby assert that 1) my participation is voluntary and that 2) I knowingly assume all inherent risks of the activity.
Waiver of Liability for Ordinary Negligence of AVPA: In consideration of permission to participate in AVPA activities, today and on all future dates, I, the AVPA Adult Participant or AVPA Minor Participant (& Parent/Guardian), on behalf of myself, my spouse, heirs, executors, administrators, personal or legal representatives, and assigns (hereafter referred to as the Releasing Parties) do hereby waive, release, covenant not to sue and discharge AVPA including their partners and owners, directors, board members, officers, employees, volunteers, independent contractors, agents, equipment suppliers, and owners/operators of all venues (hereafter referred to as the Protected Parties) from liability from any and all claims, demands, and actions of every name and nature including those arising from the ordinary negligence (including negligent rescue operations) of the Protected Parties.
This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in AVPA activities including, but not limited to: league play, tournaments, camps, clinics, special events, recreational play, practice, and training/conditioning activities. It applies also while I am an observer or spectator and for my individual use of all facilities. This applies to all facilities, fields, equipment, and all other venues or 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: I, the AVPA Adult Participant or AVPA Minor Participant (& Parent/Guardian), also agree to hold harmless, defend, and indemnify AVPA (that is, defend and pay any judgment 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 AVPA 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 AVPA against any and all claims of co-participants, rescuers, and others arising from the conduct of the participant in AVPA activities.
Clarifying Clauses: I, the AVPA Adult Participant or AVPA Minor Participant (& Parent/Guardian) confirm:
1) This agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between me and AVPA and that it cannot be modified or changed in any way by representations or statements by any agent or employee of AVPA.
2) The foregoing Assumption of Risk, Waiver of Liability, Indemnification Agreement, and Covenant Not to Sue is intended to be as broad and inclusive as is permitted by the laws of the State of California and that if any portion thereof is held in CA, it is agreed that the balance shall continue in full legal force and effect.
3) If legal action is brought, either the state court serving Orange County, California, or the United States District Court for the District of California has the sole and exclusive jurisdiction and that only the substantive laws of the State of California shall apply.
Health Status. The AVPA Adult Participant or AVPA Minor Participant (& Parent/Guardian) affirms that he or she:
● Possesses no health problems or physical disabilities that would make participation unwise or risk injury.
● Understands that AVPA advises all participants to seek medical clearance prior to participation.
● Understands that it is the participant’s duty to inform staff and cease participation immediately if there is any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, chest pains) during participation.
● Possesses sufficient skills, experience in the activity, coordination, and fitness to safely participate.
Medical Care. The AVPA Adult Participant or AVPA Minor Participant (& Parent/Guardian) affirms that he or she:
● Authorizes the use of first aid, CPR, or AED (when available) if AVPA staff deems it is needed.
● Authorizes AVPA to secure emergency medical care and transport if deemed necessary.
● Agrees to assume all cost of emergency care and transportation.
Rules and Safety. The AVPA Adult Participant or AVPA Minor Participant (& Parent/Guardian) agrees:
● To report all injuries (even minor injuries) so that AVPA may make a record of the injury.
● To wear all recommended safety gear during participation.
● To follow all rules of the activity and of AVPA.
● To inform AVPA of any conduct or condition that creates a hazard for participants or others – and will immediately discontinue further participation in said activity.
● That AVPA has authority to halt my participation if it endangers the participant or others.
I grant AVP America and its promoters the right to take photographs of me and my family in connection with AVP America events. I authorize AVP America and its promoters to copyright, use and publish the same in print and/or electronically.
I agree that AVP America and its promoters may use such photographs of me with or without my name and for any lawful purpose, including publicity, illustration, advertising, and web content.
The AVP and AVP Promoters reserve the right to use the participants email to market AVP events.