The Participant hereby releases Atlanta Cricket Fields, LLC and all of its subsidiary companies and its individual members referred to hereafter collectively as (The Company) and / or (Company) from all liability associated with my time Participating in activities at the facilities of the Company.
I, the above listed Participant, desire to use the sports facilities of the Company as a Participant. I hereby voluntarily, execute this Participant Waiver under the following terms:
I, the Participant, release and hold harmless The Company and its successors and assigns from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from my Participant work with The Company.
I understand that this Waiver discharges The Company from any liability or claim that I, the Participant, may have against The Company with respect to bodily injury, personal injury, illness, death, or property damage that may result from my participation on The Company's facilities. I also fully understand that The Company does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health or disability insurance, in the event of injury, illness, death or property damage.
I, the Participant, understand that I expressly waive any such claim for compensation or liability on the part of The Company beyond what may be offered freely by the representative of The Company in the event of such injury or medical expense, regardless of fault. I understand that the Company, should it make any offer of compensation, does not thereby admit any liability.
Participant is responsible for his/her own insurance coverage in the event of personal injury or illness as a result of Participant's service.
Participant shall conduct himself / herself in a professional manner at all times. Participant agrees to abide by all facility rules and staff instructions.
Participant hereby release The Company from any claim whatsoever which arises or may arise in the future on account of any first aid treatment or other medical services that are conducted in connection with an emergency during my time with The Company.
I understand that my time at this facility may include various activities that may be hazardous to me, including but not limited to potential injury due to engaging in sporting activities, including, but not limited to, being injured by other participants, airborne balls or sporting equipment and other dangers associated with the sport in which the Participant is engaged, and I hereby expressly and specifically assume the risk of injury or harm in these activities and release The Company from all liability for injury, illness, death, or property damage resulting from the activities of my use of the Company's facilities.
I grant unto The Company all right, title, and interest in any and all photographic images and video or audio recordings that are made by The Company during my work with The Company, including, but not limited to, any royalties, proceeds, or other benefits that are derived from such photographs or recordings.
I expressly agree that this Waiver is intended to be as broad and inclusive as permitted by the laws of the State of Georgia in the United States of America, and that this Waiver shall be governed by and interpreted in accordance with the laws of the State of Georgia. I agree that in the event that any clause or provision of this Waiver shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to enforceable.
I agree and acknowledge the following:
I agree and acknowledge that my participation in cricket activities may involve inherent danger and risk, including, without limitation, the risk of exposure to, and/or illness resulting from, the novel coronavirus ("COVID-19"), and I knowingly and voluntarily assume all such risks and release Cricket Atlanta, Atlanta Cricket Fields, and the venue where I am participating in the Sports activities from any liability whatsoever.
I am not experiencing any symptoms of illness including a fever, cough, or shortness of breath. I have not been diagnosed with COVID-19. I do not believe that I have been exposed to a person with a confirmed or suspected case of COVID-19. If I develop any COVID-19 symptoms, or if I have a suspected or diagnosed case of COVID-19, I agree that I will not attend or participate in Cricket Atlanta activities.
I agree to notify Cricket Atlanta immediately if I believe that I am experiencing any symptoms of COVID-19 and/or if I have a suspected or diagnosed case of COVID-19.
I will comply with all safety protocols that have been or will be implemented by Cricket Atlanta.
THIS AGREEMENT (the "Agreement") MUST BE CAREFULLY READ AND SIGNED IN CONSIDERATION OF my ability to participate, provide services for, conduct, prepare for or participate in any Cricket Atlant ("League") program, match, event or related activities (hereinafter, the "Events"). The undersigned, on behalf of himself/herself, his/her personal representative, heirs, and next of kin (hereinafter collectively, the "UNDERSIGNED") hereby agree as follows:
1. EXPRESS ASSUMPTION OF RISK: UNDERSIGNED hereby acknowledges and understands that the World Health Organization has declared COVID-19 a worldwide pandemic. COVID-19 is extremely contagious and spreads mainly from person-to-person contact. Based on currently available information and clinical expertise, older adults and people of any age who have serious underlying medical conditions may have a higher risk for severe illness from COVID-19. There have been recommended guidelines and preventative measures put in place to reduce the spread of COVID-19 in society; however, the League CANNOT GUARANTEE that UNDERSIGNED will not become exposed to or infected with COVID-19. Furthermore, participation by UNDERSIGNED in the Events could increase UNDERSIGNED's risk of contracting COVID-19. By signing this Agreement, UNDERSIGNED acknowledges the extremely contagious nature of COVID-19 and voluntarily assumes the risk that UNDERSIGNED may be exposed to or infected with COVID-19 from participation in the Events, and that such exposure or infection may involve the RISK OF SERIOUS INJURY, ILLNESS, PERMANENT DISABILITY AND/OR DEATH. UNDERSIGNED understands that the risk of becoming exposed to or infected with COVID-19 by UNDERSIGNED's participation in the Events may result from the actions, omissions, or negligence of others and/or UNDERSIGNED, including, but not limited to, the RELEASEES (as defined below). UNDERSIGNED hereby expressly assumes all such risks and dangers whether presently known or unknown.
2. WAIVER AND RELEASE: UNDERSIGNED hereby RELEASES, WAIVES, AND FOREVER DISCHARGES the League, USA Cricket, and each of their respective directors, officers, employees, agents, coaches, players, administrators and independent contractors (hereinafter collectively, the "RELEASEES"), from any and all actions, causes of action, claims, suits, debts, dues, sums of money, bonds, bills, balances, losses, costs, expenses, damages, covenants, agreements, commitments, undertakings, promises, liabilities, obligations, lawsuits, judgments, orders and demands whatsoever, in law, at equity or otherwise, of whatever kind or nature, whether known or unknown, suspected or unsuspected, asserted, accrued, unaccrued, actual, contingent, or otherwise, direct or indirect and whether or not concealed or hidden arising out of, on account of or relating to any INJURY, ILLNESS OR DEATH (including but not limited to INJURY, ILLNESS OR DEATH RESULTING FROM COVID-19) of the UNDERSIGNED arising out of or related to participation in the Events (hereinafter, the "RELEASED CLAIMS"). The UNDERSIGNED covenants that the UNDERSIGNED shall not directly or indirectly, bring, commence, institute, maintain, prosecute, aid or fund in any way any action of any kind or otherwise assert against any of the RELEASEES anywhere in the world any Released Claim.
3. WAIVER AND RELEASE: UNDERSIGNED hereby RELEASES, WAIVES, AND FOREVER DISCHARGES the League, USA Cricket, and each of their respective directors, officers, employees, agents, coaches, players, administrators and independent contractors (hereinafter collectively, the "RELEASEES"), from any and all actions, causes of action, claims, suits, debts, dues, sums of money, bonds, bills, balances, losses, costs, expenses, damages, covenants, agreements, commitments, undertakings, promises, liabilities, obligations, lawsuits, judgments, orders and demands whatsoever, in law, at equity or otherwise, of whatever kind or nature, whether known or unknown, suspected or unsuspected, asserted, accrued, unaccrued, actual, contingent, or otherwise, direct or indirect and whether or not concealed or hidden arising out of, on account of or relating to any INJURY, ILLNESS OR DEATH (including but not limited to INJURY, ILLNESS OR DEATH RESULTING FROM COVID-19) of the UNDERSIGNED arising out of or related to participation in the Events (hereinafter, the "RELEASED CLAIMS"). The UNDERSIGNED covenants that the UNDERSIGNED shall not directly or indirectly, bring, commence, institute, maintain, prosecute, aid or fund in any way any action of any kind or otherwise assert against any of the RELEASEES anywhere in the world any Released Claim.
4. INFORMED CONSENT AND VOLUNTARY PARTICIPATION: UNDERSIGNED fully acknowledges and understands that COVID-19 is extremely contagious. UNDERSIGNED has taken it upon himself or herself to be fully informed of the numerous risks and potential dangers associated with COVID-19, including SUFFERING SEVERE PERSONAL INJURY, ILLNESS OR DEATH. UNDERSIGNED acknowledges that he or she has been informed that his or her PERSONAL SAFETY CANNOT BE GUARANTEED. UNDERSIGNED acknowledges that his or her participation in the Events are completely voluntary, and he or she believes that the potential benefits of participation and/or services provided outweigh the risk and danger associated with COVID-19. For more information please see the Center For Disease Control's site.
5. OBLIGATIONS OF UNDERSIGNED: UNDERSIGNED acknowledges that it is his or her responsibility to do all of the following: (1) exercise caution and follow any CDC or OSHA issued protocols (including without limitation those guidelines specifically referenced by League) to protect the health of the UNDERSIGNED; (2) follow any specific guidelines or protocols specifically put in place by the League to protect the health of the UNDERSIGNED; (3) inform the League of any Events which the UNDERSIGNED does not feel comfortable performing; (4) cease any activity and promptly report any physical discomfort, illness or complications while participating in any Event; and (5) clear his or her participation of any Event with a physician. UNDERSIGNED also agrees, represents and warrants that he or she will not participate in any Event if he or she (i) experiences symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, or (ii) has or has recently come in contact with a suspected or diagnosed/confirmed case of COVID-19.
6. SEVERABILITY: UNDERSIGNED acknowledges that THIS AGREEMENT IS INTENDED TO BE FULLY SEVERABLE, and that if any portion of this Agreement is held invalid, it is agreed that the balance the Agreement shall continue in full legal force and effect. That shall include modifying the Agreement to allow the remainder of claims to be waived, released, and indemnified against in the event that the inclusion of any particular type of claim is found to be invalid or contrary to public policy. This Agreement is to be interpreted and enforced under the laws of the GA
7. ACCEPTANCE OF TERMS: UNDERSIGNED hereby accepts all terms set forth herein and acknowledges this is the complete agreement between the parties regarding these issues, and UNDERSIGNED agrees and acknowledges that NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS HAVE BEEN MADE APART FROM THIS AGREEMENT. UNDERSIGNED HAS COMPLETELY READ BOTH PAGES OF THIS AGREEMENT, FULLY UNDERSTANDS ITS TERMS, AND UNDERSTANDS THAT THIS IS AN IMPORTANT LEGAL DOCUMENT AFFECTING SUBSTANTIAL LEGAL RIGHTS. UNDERSIGNED SIGNS THIS DOCUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO HIM OR HER AND UNDERSIGNED INTENDS HIS OR HER SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. UNDERSIGNED was given ample opportunity to read the Agreement and/or have it reviewed by legal counsel of his or her choice. UNDERSIGNED was also offered a copy of this Agreement.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I ALSO UNDERSTAND THAT I HAVE GIVEN UP CERTAIN RIGHTS BY SIGNING IT, AS DESCRIBED ABOVE, WHICH I AGREE TO DO VOLUNTARILYBy signing below I express my understanding and intent to enter into this Release and Waiver of Liability willingly and voluntarily.