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BELLA VISTA FUTBOL CLUB
WAIVER AND RELEASE
I ACKNOWLEDGE THAT BY AGREEING TO BECOME A PLAYING MEMBER OF BVFC, I AM ASSUMING RISKS, AND AGREEING TO INDEMNIFY, NOT TO SUE AND RELEASE FROM LIABILITY BELLA VISTA FUTBOL CLUB, ITS ORGANIZERS, PERMIT HOLDERS (INCLUDING, WITHOUT LIMITATION, WALTER IACONE), MEMBERS AND VOLUNTEERS AND ANY PARTICIPANT IN ANY SOCCER MATCH, PRACTICE OR EVENT ORGANIZED BY, OR FOR WHICH THE PERMIT IS HELD BY, ANY OF THE ABOVE-DESCRIBED PERSONS OR ENTITIES AND THEIR RESPECTIVE AGENTS, EMPLOYEES, HEIRS AND ASSIGNS (COLLECTIVELY "RELEASEES"), AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS. THIS WAIVER AND RELEASE IS A CONTRACT WITH LEGAL AND BINDING CONSEQUENCES. I HAVE READ IT CAREFULLY BEFORE SIGNING, AND I UNDERSTAND WHAT IT MEANS AND WHAT I AM AGREEING TO BY SIGNING.
In consideration of my being permitted to take part in soccer matches, practices and events by one or more of Releasees, I hereby freely agree to and make the following contractual representations and agreements.
I ACKNOWLEDGE THAT SOCCER IS AN INHERENTLY DANGEROUS SPORT AND FULLY REALIZE THE DANGERS OF PARTICIPATING IN A SOCCER MATCH, PRACTICE OR EVENT, and FULLY ASSUME THE RISKS ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, by way of example, and not limitation: the dangers of collision with other participants, the occurrence of fouls, the dangers arising from surface hazards (including field conditions), equipment failure, inadequate safety equipment, THE RELEASEES' OWN NEGLIGENCE, the negligence of others and weather conditions; and the possibility of serious physical and/or mental trauma or injury, or death associated with soccer competition.
For myself, my heirs, executors, administrators, legal representatives, assignees, and successors in interest (collectively "Successors") I HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE TO INDEMNIFY AND NOT TO SUE the Releasees FROM ANY AND ALL RIGHTS AND CLAIMS INCLUDING CLAIMS ARISING FROM THE RELEASEES' OWN NEGLIGENCE, which I have or which may hereafter accrue to me, and from any and all damages which may be sustained by me directly or indirectly in connection with, or arising out of, my participation in or association with the soccer match, practice or event, or travel to or return from the event. I have no physical or medical condition which would endanger myself or others if I participate in a soccer match, practice or event, or would interfere with my ability to safely participate in a soccer match, practice or event.
I agree, for myself and my Successors, that the above representations are contractually binding, and are not mere recitals, and that should I or my successors assert a claim contrary to what I have agreed to in this contract, the claiming party shall be liable for the expenses (including legal fees) incurred by the Releasees in defending the claims. This contract may not be modified orally, and a waiver or modification of any provision shall not be construed as a waiver or modification of any other provision herein or as a consent to any subsequent waiver or modification. Every term and provision of this contract is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable.
