Sofive Waiver

 

Assumption of Risk ** Waiver of Liability ** Indemnification Agreement

City Sofive Soccer, 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

1. Know
2. Understand, and
3. Appreciate the types of injuries inherent in SOFIVE activities

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)

• From any and all claims of the Releasing Parties arising from an injury to or loss by PARTICIPANT/PARENT due to our participation or presence at SOFIVE (including claims arising from the inherent risks of SOFIVE activities or from the Ordinary Negligence of SOFIVE or Protected Parties.
• From any Loss due to the conduct of PARTICIPANT/PARENT in the course of our presence at SOFIVE.

Clarifying Clauses: I, the PARTICIPANT/PARENT confirm that:

1. This is the entire agreement between me and SOFIVE and that it cannot be modified or changed in any way by representations or statements by any agent or employee of SOFIVE.
2. This agreement is intended to be as broad and inclusive as is permitted by the laws of the State of business and that if any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect
3. If legal action is brought, the appropriate trial court for the County of business or the United States District Court for the District has the sole and exclusive jurisdiction and that only the substantive laws of the State of business shall apply. 

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:

• Possesses no health problems or physical disabilities that would make participation unwise, or risk injury.
• Will cease activity and inform SOFIVE of any health problem that arises during participation.
• Possesses sufficient skills, coordination, and physical fitness to safely participate.
• Is aware of potential exposure to communicable disease (including but not limited to coronavirus/COVID-19, other viruses, bacteria, and all other infectious pathogens and disease vectors).

Medical Care.  The PARTICIPANT/PARENT affirms that he or she:

• Authorizes SOFIVE to secure emergency medical care and transport if deemed necessary.
• Agrees to assume all cost of the care and transportation listed above.

Rules and Safety. The PARTICIPANT/PARENT affirms that he or she agrees:

• To wear all recommended safety gear during participation.
• To follow all rules of the activity at SOFIVE.
• That SOFIVE has authority to halt my participation if it endangers the participant or others.

Personal Responsibility with Alcohol

• Consumption of alcohol is optional and a personal decision. I agree that any alcoholic beverages I consume are my own choice and responsibility. I agree to drink responsibility and heed suggestions from others and will not drive if I am intoxicated. I acknowledge that I alone am responsible for all of my actions resulting from consuming alcohol and the Facility is in no way responsible.

Filming and recording

• When you enter a Sofive Soccer center, you enter an area where photography, audio, and video recording occur. By entering the premises, you consent to; photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for promotional purposes, advertising, inclusion on websites, social media, or any other purpose by Sofive Soccer Centers and its affiliates and representatives. Images, photos and/or videos may be used to promote similar Sofive events in the future.
• You release Sofive, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of photographs, computer images, video and/or or sound recordings. By entering the premises, you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by Sofive or the person or entity designated to do so by Sofive

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:

• Treat all Sofive employees and fellow customers with courtesy and respect.
• Avoid the use of profane, sexist, racist, or other offensive or inappropriate language while on Sofive’s premises.
• Refrain from making inappropriate comments to Sofive employees, customers or other visitors including, but not limited to:
  • comments of a sexual nature;
  • comments about an individual’s body or appearance;
  • requests for dates or sexual favors;
  • use of inappropriate nicknames other than an individual’s given name
  • inappropriate noises (e.g., whistles or “cat calls”); or
  • remarks, jokes or comments about a person’s sexuality or sexual experience.
• Refrain from any physical contact with Sofive employees beyond a simple handshake including, but not limited to, hugging, kissing, touching, pinching, patting, grabbing, brushing against or poking an employee’s body.

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.

NOTICE: PREMISES PROTECTED BY 24 HOUR AUDIO AND VIDEO SURVEILLANCE BY ENTERING YOU AGREE TO BE AUDIO & VIDEO RECORDED