Assumption of Risk ** Waiver of Liability ** Indemnification Agreement
Sofive, Inc. (hereafter referred to as SOFIVE) is a company that provides opportunities for both youth and adult soccer participation. Opportunities include league and tournament play; individual and group practice; pick-up games; field rental; soccer-emphasis birthday parties; and soccer-emphasis corporate events.
Some of the many benefits of SOFIVE activities include opportunity to compete and excel, improved self-confidence, better health, improved fitness, increased sense of belonging, wholesome recreation, social interaction, weight loss, improved appearance, and improved self-image. Exertion level of soccer is moderate to strenuous, depending upon the motivation of the individual.
While the many benefits of these activities are apparent, SOFIVE and its staff regard participant safety as a top priority and feel it is important that the PARTICIPANT/PARENT (which refers to either an Adult Participant OR a Minor Participant and Parents/Guardians) understand that there are risks inherent in all physical activity – including soccer. SOFIVE takes great care to reduce the risks (e.g., establishment of safety rules and warnings; referees at all league and tournament games; supervision of parties and corporate events) associated with soccer. SOFIVE, however, does not supervise individual activity and activity on rented fields.
However, regardless of the care taken to avoid injuries, some risks are inherent in soccer and cannot be totally eliminated without changing the nature of the game. A few examples of the many inherent risks include, but are not limited to, heat- or cold-related illnesses; over-exertion; imperfect playing surfaces; failure to adhere to posted rules or warnings; careless, erratic, or negligent actions of co-participants; collisions with objects or co-participants; falls to the playing surface; unexpected equipment failure or malfunction; being struck by the ball; being kicked; ability of the participant to play; and, careless or erratic actions by children at parties.
SOFIVE feels that it is important that the PARTICIPANT/PARENT 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, and bruises. Serious injuries are less common, but do occur occasionally. They include, but are not limited to, broken bones, concussions, torn ligaments or cartilage, eye injuries, cuts, and internal injuries. Catastrophic injuries are very rare; but SOFIVE feels that every PARTICIPANT/PARENT should be aware of the slight possibility. These injuries include, but are not limited to, permanent disability, brain injury, paralysis and even death.
Assumption of Inherent Risks: I, the PARTICIPANT/PARENT, understand that all activities of SOFIVE include inherent risks that cannot be totally eliminated regardless of the care taken by SOFIVE. I, the PARTICIPANT/PARENT, have read the preceding paragraphs and
I, the PARTICIPANT/PARENT, hereby assert that participation is voluntary and the PARTICIPANT/PARENT knowingly assume all inherent risks of the activity, today and on all future dates.
Waiver of Liability for Ordinary Negligence of SOFIVE: In consideration of permission to use the property, facilities, equipment, and services of SOFIVE, today and on all future dates, I, the PARTICIPANT/PARENT, 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, discharge and covenant not to sue SOFIVE [all owners, directors, officers, employees, volunteers, independent contractors, agents and equipment suppliers - hereafter referred to as the Protected Parties] from liability from any and all claims, demands, and actions of every name and nature arising from the ordinary negligence of the Protected Parties.
This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation (or presence on the premises) in SOFIVE activities including, but not limited to: recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; as an observer or spectator; and individual use of all facilities. This applies to all facilities, fields, equipment, and all other 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 PARTICIPANT/PARENT, agree to hold harmless, defend, and indemnify SOFIVE and Protected Parties (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees and related expenses)
Clarifying Clauses: I, the PARTICIPANT/PARENT confirm that:
Acknowledgements to Promote Participant Safety: These affirmations aid SOFIVE in providing for participant health and safety.
Health Status. The PARTICIPANT/PARENT affirms that he or she:
Medical Care. The PARTICIPANT/PARENT affirms that he or she:
Rules and Safety. The PARTICIPANT/PARENT affirms that he or she agrees:
Personal Responsibility with Alcohol
Filming and recording
Customer Code of Conduct
In order to ensure the safety and comfort of all of our customers and employees, and provide our employees with a workplace free from unlawful harassment, we have created this Code of Conduct to communicate our expectations for appropriate behavior by all customers and other visitors while on any of Sofive’s premises.
The following conduct is required of all Sofive customers and other visitors:
Any customer or other visitor who engages in any of the unacceptable behavior identified above, or other behavior that is deemed to be threatening or unwelcome, will be spoken to by Management and may be required to leave the premises immediately. In addition, Sofive reserves the right to ban from its premises any individual who engages in repeated acts that violate this Code of Conduct.
Any Sofive employee, customer or other visitor who experiences or witnesses any violations of this Code of Conduct, or other improper behavior, by a customer or other visitor on Sofive’s premises is encouraged to notify a member of Sofive’s Management immediately. Sofive is committed to investigating and addressing any and all complaints of inappropriate conduct.
Acknowledgment of Understanding: I, the PARTICIPANT/PARENT, have read and understand this Agreement. I understand that I am giving up substantial rights, including the right of both the participant and the parent or guardian to recover damages in the event of death, injury or loss. I, the PARTICIPANT/PARENT, acknowledge that I am voluntarily signing this agreement, and intend my signature to be a complete release of all liability, including that due to inherent risks or to ordinary negligence by the Protected Parties, to the greatest extent allowed by law of the State.
Further, I the Participant/Parent, assert that 1) the Parent/Guardian has explained the inherent risks of the activity to the Minor Participant; 2) the minor understands the risks of participation; and 3) by my signature, I knowingly accept and assume the inherent risks of SOFIVE activities.