ASSUMPTION OF RISK AND RELEASE AND INDEMNIFICATION AGREEMENT
Semper Soccer LLC offers students, faculty, staff, their families and third parties (collectively the “Participants”) the opportunity to develop and advance their soccer skills. I understand that Semper Soccer does not and cannot ensure that the Participants’ participation in such programs is free from risk. I wish to participate in Semper Soccer as described below (the “Program”), and I understand the nature for the Program and the potential risks involved, including risks of personal injury and death and property damage or loss. I assume sole and full responsibility for my safety during participation in the Program.
PROGRAM DESCRIPTION AND TERM: Soccer Camps, Clinics, and/ or Group or Individual Training Sessions
In consideration of participation in the Program, I agree as follows:
1. I will comply with all directions of Semper Soccer, its leaders, Directors, and coaching staff before, during, or after participation in the Program.
2. Semper Soccer, Christine Moorehead, and its employees or volunteers cannot be held responsible for the personal actions of any Participant, including myself, which may result in injury, loss of or damage to personal effects, or for any illness and/or accident to any Program participant.
3. Semper Soccer, Christine Moorehead, and its employees and student organization leaders act only in the capacity of Program planner for the participants, and I hold them free of responsibility for any loss, injury or damage to persons, property or otherwise resulting, directly or indirectly, from accidents, injuries, or property damage, or from any causes beyond the control of Semper Soccer and its employees and volunteers.
4. Should I sustain any personal injury of any kind or any property damage as a result of participation in the Program, I hereby release, and shall indemnify, defend and hold harmless Semper Soccer and its governing board, faculty members, agents, employees and student organization leaders from any and all liability, claims, actions, costs, and expenses, including, but not limited to, attorneys fees, that may arise from injury or harm to me, or from damage to my property. I understand that this Agreement covers liability, claim, and actions caused entirely or in part by any act or failure to act by Regent University (or its board, faculty, employees or agents), including, but not limited to, negligence, mistake, or failure to supervise by Regent University. This Agreement covers all aspect of participation in the Program.
5. In the event that Semper Soccer shall be found liable for any personal injuries or property damage, I agree that Semper Soccer’s sole responsibility shall be to refund to me any fees charged by Semper Soccer for the Program or number of sessions remaining, and I waive all other claims for damages, loss, injury, cost or expense. 6. This Release and Waiver shall be construed under the laws of the Commonwealth of Virginia and I agree to submit any claims hereunder or otherwise arising out of the Program to binding arbitration in Virginia Beach, Virginia, under the rules of the American Arbitration Association. Each party shall bear its own expenses in such arbitration.
“I, the undersigned, do hereby grant permission to Semper Soccer to post my and/ or my child’s story, photo, videos, hereinafter referred to as “Materials,” taken by Semper Soccer during sessions or that I submit to and for the Semper Soccer website, Instagram and Facebook accounts. I hereby release you, your representative, employees, managers, members, officers, parent companies, subsidiaries, and directors, from all claims and demands arising out of or in connection with any use of said “Materials”, including, without limitation, all claims for invasion of privacy, infringement of my right of publicity, defamation and any other personal and/or property rights”.
“I have enrolled in the personalized health and fitness program offered through Semper Soccer. I recognize that the program may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities. I hereby affirm that my child is in good physical condition and does not suffer from any known disability or condition which would prevent or limit my participation in this exercise program. I acknowledge my enrollment and participation in Semper Soccer training. “I fully understand that my child may injure myself as a result of my enrollment and participation in this program and I hereby Release and Forever Discharge Semper Soccer and its agents, employees, representatives, affiliates, successors, or assigns, from any and all liability now or in the future for any conditions, injuries, sickness, losses, expenses or damages that I may obtain or incur. These conditions may include, but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, or any other soreness that I may incur, including death.”
If injury occurs and a player is unable to participate in the training sessions, the refund policy will be in place.
All registrations are non refundable. Registrations may be transferred to a different Camp or Clinic of similar value at no charge up to 10 days prior to camp. No transfers permitted within 10 days of camp. There are no refunds for private, semi private, or group sessions.
If the fields are too wet or if there is significant rain during the morning or evening of our scheduled session, the session may be rescheduled upon Semper Soccer’s staff decision. Semper Soccer staff will check to ensure the field is safe before every session. If the field is playable, we will resume the session. Parents do not determine if the session is canceled. If a parent decides not to attend a session that has been deemed “playable”, then that session will count as a cancellation and not eligible for refund.
I have read this entire Agreement. I fully understand it, and I agree to be legally bound by it. No oral representations, statements or inducements have been made with regard to this Agreement or the Program.
I do hereby give my permission and consent for my child(ren) to participate in the Program and agree to be fully bound by the terms and conditions of this Agreement on behalf of myself/ourselves as his/her parent(s)/guardian(s). I/we agree that the provisions of this Agreement, including, but not limited to, the provisions relating to the release, indemnification and holding harmless of Semper Soccer, Coach Christine, and its staff and volunteers are applicable to me/us and that I/we are bound thereby. I/we further acknowledge that my child is covered by adequate medical and/or accident insurance. I/we further agree to indemnify and hold Semper Soccer LLC, Christine Moorehead, and
its staff and volunteers harmless from and against any claims asserted by my/our child. No oral representations, statements or inducements have been made to me/us with regard to this Agreement or the Program.