Clava Waiver and Release of Liability Form
ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT: CLAVA LLC
I and/or my child (collectively “I,” “me,” or “my”) understand and acknowledge that I have voluntarily chosen to participate inactivities at Clava LLC and/or to use the Clava LLC facilities, including but not limited to indoor, outdoor, and sand volleyball; weight, strength,and fitness training and instruction; participation in leagues, competitions, tournaments, camps, or special events; instruction in any activities;and/or any other activity undertaken on Clava LLC’s premises (hereinafter collectively referred to as the “Clava Activities”) and use of buildings,locker rooms, indoor and outdoor volleyball courts, including sand courts, fitness equipment, weights, and other facilities owned or used byClava LLC (hereinafter collectively referred to as “use of the facilities”). In consideration for my being allowed to participate in the Clava Activities and the use of the facilities, I hereby agree to release and discharge from all liability Clava LLC, and each of their agents, owners,members, affiliates, investors, officers, directors, volunteers, employees, coaches, instructors, tournament sponsors, contractors, all otherpersons or entities acting in any capacity on their behalf, all landlords and property owners (hereinafter collectively referred to as “Clava”), onbehalf of myself, my children, my parents, my heirs, assigns, personal representatives, guardians and estate as set forth herein.
1. Acknowledgment of Risk: I recognize that there are inherent and other risks, which may or may not all be listed in this document,associated with the Clava LLC Activities. These dangers include but are not limited to falling; striking padded or unpadded surfaces; beinginjured by balls, posts, other objects, or the actions or inactions of participants, instructors, or spectators; equipment failures; risks associatedwith playing on hard surfaces and sand; risks associated with encounters with animals and insects; potential exposure to communicable diseasesuch as viruses and bacteria in connection with use of the facilities; and illness or injury resulting from engaging in physical activity. I recognizethat if I encounter these risks, serious injury or death may result, and I understand that no amount of care, caution, instruction or expertise caneliminate these risks. I understand that I alone am responsible to decide whether to engage in the Clava Activities. I confirm that I am physicallyand mentally capable of participating in the Clava Activities, and I understand that if my mental or physical condition changes after theexecution of this agreement such that I am not capable of participating in the Clava LLC Activities, I am obligated to cease participating in theClava LLC Activities. I understand that it is my responsibility to comply with all posted procedures, including safety procedures and hygieneprocedures intended to lessen the likelihood of the spread of disease between participants and/or staff.
2. Assumption of Risk: Despite the risks involved and as consideration for being allowed to participate in the Clava Activities, IAGREE TO EXPRESSLY ASSUME ANY AND ALL RISK OF INJURY OR DEATH that might be associated with my participation in the Clava Activitiesand use of the facilities.
3. Agreement Never to Sue: I AGREE NEVER TO SUE AND TO RELEASE FROM LIABILITY Clava LLC for any damage, injury or death tome arising from participation in the Clava Activities or use of the facilities, regardless of cause, including the ALLEGED NEGLIGENCE of Clava LLC,including claims of negligent instruction, with the exception of claims that cannot be released under applicable law. I understand that thisRELEASE OF LIABILITY will prevent me, my child, and my heirs from filing suit or making any claim for damages in the event of injury or deatharising from my participation in the Clava Activities or use of the facilities. I UNDERSTAND THIS IS A RELEASE OF LIABILITY that will applywhenever I participate in the Clava LLC Activities or use of the facilities, and that each time I use the facilities and/or engage in the Clava LLCActivities, that will constitute a renewal and reaffirmation of my and acceptance of this agreement.
4. Indemnity: If I, my child, my heir, my estate, or my legal representative files a claim or a lawsuit arising out of my participation inthe Activities or use of the facilities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Clava LLC for any and all damages, attorney’s fees,and costs arising out of such a claim or a lawsuit. If I execute this agreement on behalf of another person, I certify that I am authorized toexecute this agreement on their behalf and agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS Clava LLC in the event that person brings aclaim and contends that I was not authorized to execute this agreement.
5. Governing Law, Jurisdiction and Severability. I agree that this Waiver and Release of Liability shall be governed by California lawand construed as broadly as permissible under the law. In the event that I file a lawsuit against Clava , I agree to do so solely in the State ofCalifornia, Orange County Superior Court. I agree that if any portion of this Waiver and Release of Liability is held to be invalid, the rest shallnonetheless remain in full force and effect. This document constitutes the entire agreement between the parties and it cannot be changed ormodified except in writing.
6. Photo and Video Release: I acknowledge that Clava and other participants may photograph or videotape the Activities and Clavafacilities. I agree that Clava may use these recordings in any way without compensation to me including, but not limited to, for marketingpurposes and as evidence in any litigation.
I HAVE READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A COMPLETE RELEASE OF LIABILITY AND ABINDING CONTRACT, AND I SIGN IT OF MY OWN FREE WILL. I CERTIFY THAT I AM AT LEAST 18 YEARS OF AGE ON THE DATE HEREOF, AND IF IAM SIGNING ON BEHALF OF A MINOR PARTICIPANT, THAT I AM THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN.
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Document Name: Clava Waiver and Release of Liability Form
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