Beach City Sports Player Registration Agreement
 

READ BEFORE SIGNING

 

(Terms and Conditions)

I agree to the terms and conditions of this agreement (the “Player Registration Agreement”), and in consideration of being allowed to participate in any way in Beach City Sports athletic sports program(s), related events, and activities, (the League) I agree, acknowledge, warrant, and covenant as follows:

 

1. PERMISSION TO PARTCIPATE. I certify that I am of legal age and am freely signing this Player Registration Agreement without any inducement or assurance of any nature; and (ii) have read this Player Registration Agreement and understand that, by signing this Player Registration Agreement, I may be giving up certain legal rights and remedies. I agree that the terms and conditions of this Player Registration Agreement are binding on me.

 

2. PHYSICAL CONDITION. Always consult with your physician before participating in any sport(s) program or other related event. I represent that I am in good physical condition and have no medical reason or impairment that might prevent me from participating in the activities of this program. Further, I agree to stop and consult my healthcare provider if I experience faintness, dizziness, pain, or shortness of breath at any time while participating in any Beach City athletic sports program(s), related event, or activity.  

 

3. RELEASE OF LIABILITY. In return for being allowed to participate in the League, I, on behalf of myself and each of the other Releasors (as defined below), hereby release and agree not to sue Beach City Life Inc., a California Corporation dba Beach City Sports, each of their respective affiliates and each of the employees, officers, directors, direct and indirect owners, sub-contractors, sponsors, business partners, medical and athletic training providers, and agents of each of the foregoing entities (collectively, the “Releasees”) from or for, as applicable, all present and future liabilities, claims and causes of action of any kind, whether at law or in equity, that may be made by me, my family, estate, heirs or assigns (collectively, the “Releasors”) arising as a result of or in connection with the my participation in the League, wherever, whenever, or however the same may occur, including but not limited to actions for property damage, personal injury or wrongful death. I understand and agree that the Releasees are not responsible for any death, injury or property damage arising out of the League, even if caused by their ordinary negligence. I understand that participation in the League involves certain risks, including, but not limited to, concussion, serious injury, death or permanent disability. I am voluntarily participating in the League with knowledge of the dangers involved and agree to accept all risks of such participation. I certify that I am in excellent physical health and may participate in strenuous and hazardous physical activities, including the football to be played in the League.

 

I also agree to indemnify and hold harmless Releasees for all liabilities, claims, damages, causes of action, costs and expenses of any kind arising out of or in connection with my participation in the League or any all related activities. I understand that this release and indemnification is intended to be as broad and inclusive as permitted by the State of California and agree that if any portion of this Player Registration Agreement is invalid, the remainder will continue in full legal force and effect. I further agree that any legal proceedings related to this waiver will take place in Orange County, California.

 

I hereby expressly waive all rights under Section 1542 of the Civil Code of the State of California.  I am aware that said Section 1542 of the Civil Code provides as follows:

 

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

 

I hereby acknowledge, for myself and on behalf of each of the other Releasors, that the foregoing waiver of the provisions of Section 1542 of the California Civil Code is a material term and condition of this Agreement. I, for myself and each of the other Releasors, expressly acknowledges that this Player Registration Agreement shall be given full force and effect in accordance with each and all of its express terms and provisions, including those terms and provisions relating to unknown and unsuspected claims, demands, and causes of action, if any, to the same effect as those terms and provisions relating to any other claims, demands, and causes of action hereinabove described. I, for myself and each of the other Releasors, acknowledges that each is fully aware that they might hereafter discover facts or other information in addition to or different from those which they now know or believe to be true, with respect to the subject matter of the claims released in this Section 2. Nevertheless, the Releasors intend to hereby fully, finally, and forever settle and release all matters, disputes, differences, known or unknown, suspected or unsuspected, which might now exist or heretofore might exist in connection with such claims. The releases given herein shall be and remain in effect as a full and complete release notwithstanding the discovery or existence of any such additional or different facts or information.

 

4. EMERGENCY MEDICAL TREATMENT. Permission is hereby granted for me to receive any and all emergency medical/dental treatment and/or first aid, including authorizing any medical treatment facility/hospital to administer emergency treatment for any illness, injury or accident resulting from participation in the League. In addition, I hereby authorize, give permission and voluntarily consent to having Beach City Sports, medical and athletic training providers appointed by Beach City Sports, and their respective employees or agents arrange, direct, sign for and consent to all routine or emergency medical care and treatment necessary to preserve my life in the event of accident, injury, sickness, etc. during participation in the League. I acknowledge responsibility for reasonable charges in connection with the care and treatment rendered. I agree to the release of any medical records necessary for insurance purposes. I further acknowledge that Beach City Sports and medical and athletic training providers appointed by Beach City Sports have not made any guarantees as to the effect of such care and treatment rendered.

 

5. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. 

THE RELEASEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM:

 

A. ANY AND ALL DEMANDS, RIGHTS, AND CAUSES OF ACTION OF WHATEVER

KIND OR NATURE, ARISING OUT OF ALL KNOWN AND UNKNOWN, FORESEEN

AND UNFORESEEN, BODILY AND PERSONAL INJURIES, DAMAGE TO PROPERTY,

AND THE CONSEQUENCES THEREOF, INCLUDING ANY INJURY, DAMAGE, DEATH

OR DISABILITY RESULTING FROM PARTICIPATION IN THE LEAGUE, OR THE COST

OF PROCUREMENT OF GOODS AND SERVICES IN CONNECTION WITH THE

LEAGUE;

 

B. THE USE OR THE INABILITY TO USE THE WEBSITE; ANY GOODS OR SERVICES

PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE

WEBSITE; OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF MY TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE.

 

I EXPRESSLY AGREE THAT PARTICIPATION IN THE LEAGUE OR USE OF

THE WEBSITE IS AT MY, AS APPLICABLE, SOLE RISK. THE LEAGUE AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

 

THE RELEASEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,

EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT.

 

The Releasees make no warranty that the Website’s services will be uninterrupted, secure or error free. The Releasees do not guarantee the accuracy or completeness of any information in, or provided in connection with, the Website. The Releasees are not responsible for any errors or omissions, or for the results obtained from the use of such information. I understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Website is at my own discretion and risk and that I will be solely responsible for any damage to my own computer system or loss of data that results from the download of such material and/or data.

 

6. INDEMNIFICATION. I agree to indemnify and hold each of the Releasees and their officers and employees harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of participation in the League (including without limitation in connection with any medical treatment offered or given to me) or my use of the Website or the violation of any term of this Player Registration Agreement. 

 

7. APPLICABLE LAW; CONSENT TO JURISDICTION. This Agreement shall be governed

by and construed under the laws of the State of California, exclusive of choice of law provisions, and the State of California in the city of Huntington Beach shall be the forum for any disputes arising hereunder.

 

8. SEVERABILITY. I further expressly agree that this Player Registration Agreement is intended to be as broad and inclusive as is permitted by law and that if any provision of this Player Registration Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Player Registration Agreement and shall not affect the validity and enforceability of any remaining provisions.

 

9. USE OF PERSONAL INFORMATION. The Releasees may use any Personal Information for the purposes of promoting or marketing the Releasees’ Leagues, services, and events. “Personal Information” shall include any information about users of the Website obtained by the Releasees or any information provided to the Releasees by registrants, magazine subscribers or other users of the Website.

 

10. PHOTO RELEASE. I understand that there may be photos & videos taken while

participating or being in close proximity to the League or other Beach City Sports events.  Beach City Sports & sponsors have my permission to use these photos on their Facebook, website, social media sites, and other materials they feel necessary.  I understand I can contact the company in writing if I would like a photo of myself removed within a reasonable amount of lead-time.

 

11. COVID-19: The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. It is believed that an individual can be in infected with COVID-19 without their knowledge and be asymptomatic. Beach City Sports has put in place preventative measures to reduce the spread of COVID-19. However, Beach City Sports cannot guarantee that I or anyone else will not become infected with COVID-19, including my spouse, guests, unborn child, or relatives. Participation in a Beach City Sports athletic sports program(s), related event, or activity, could increase the risk of contracting COVID-19. By signing this agreement, I ACKOWLEDGE the contagious nature of COVID-19 and VOLUNTARILY

ASSUME THE RISK that I may be exposed to or infected by COVID-19 by participating in a Beach City Sports athletic sports program(s), related event, or activity, and that such exposure or infection may result in personal injury, illness, permanent disability, and death to myself, my spouse, guests, unborn child, or relatives. I understand that the risk of becoming exposed to or infected by COVID-19 at a Beach City Sports athletic sports program(s), related event, or activity may result from the actions, omissions, or negligence of myself or others, including, but not limited to, Beach City Sports employees, volunteers, and program participants. I UNDERSTAND AND VOLUNTARILY ACCEPT AND ASSUME ALL the foregoing risks related to COVID-19 and accept sole responsibility for any injury or illness that may occur. Further, I UNDERSTAND AND AGREE that this release includes any Claims based on the actions, omissions, or negligence of Beach City Sports, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Beach City Sports athletic sports program(s), related event, or activity

 

 

BY INDICATING MY ACCEPTANCE OF THIS PLAYER REGISTRATION AGREEMENT, I AM AFFIRMING THAT I HAVE READ AND UNDERSTAND THIS PLAYER REGISTRATION AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THIS PLAYER REGISTRATION AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY MY ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW