Waiver of Liability

Waiver of Liability, Assumption of Risk, and Indemnity Agreement

Waiver: In return for my child (listed below) being permitted to participate in the following activity or program (“The Activity”) including any associated use of the premises, facilities, staff, equipment, transportation, and services of Phoenix Sports, Douglas Goldfein, and the City of Carlsbad and Recreation and Neighborhood Services, I, for myself and my child, and my heirs, personal representatives, and assigns, do hereby release, waive, discharge, and promise not to sue or bring any action against Phoenix Sports, Douglas Goldfein, and the City of Carlsbad and Recreation and Neighborhood Services, their directors, officers, employees, sponsors and agents, from liability from any and all claims, including the negligence of Phoenix Sports, Douglas Goldfein, and the City of Carlsbad and Recreation and Neighborhood Services, resulting in personal injury (including death), accidents or illnesses, and property loss, in connection with my child’s participation in The Activity and any use of any of Phoenix Sports, Douglas Goldfein, and City of Carlsbad and Recreation and Neighborhood Services premises and facilities.

Description of Activity or Program: Date(s): A youth sports program run by Phoenix Sports for children between the ages of 4-12. The children will be directed in the sport activities with direct supervision of an adult who is trained in Adult and Pediatric First Aid/CPR/AED as well as CDC concussion training.

Assumption of Risks: Participation in The Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injury. The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, and sprains to 2) major injuries such as eye injury, joint or bone injuries, heart attacks, and concussions to 3) catastrophic injuries such as paralysis and death. I certify that my child is physically fit to take part in The Activity.

Indemnification and Hold Harmless: I also agree to indemnify and hold Phoenix Sports, Douglas Goldfein, and the City of Carlsbad Parks and Recreation, their directors, officers, employees, and agents, harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, arising out of my child’s involvement in The Activity, and to reimburse them for any such expenses incurred.

Severability: I further agree that this Waiver of Liability, Assumption of Risk, and Indemnity Agreement is intended to be as broad and inclusive as permitted by law, and that if any portion is held invalid the remaining portions will continue to have full legal force and effect.

Governing Law and Jurisdiction: This Agreement shall be governed by the laws of the State of California, and any disputes arising out of or in connection with this Agreement shall be under the exclusive jurisdiction of the Courts of the State of California.

Acknowledgment of Understanding: I have read this Waiver of Liability, Assumption of Risk, and Indemnity Agreement, and I fully understand its terms, and understand that I and my child are giving up substantial rights, including our right to sue. I confirm that I am signing the agreement freely and voluntarily, and intend the checkbox of terms and conditions, privacy policy, liability waiver to serve as my signature and to be a complete and unconditional release of all liability to the greatest extent allowed by law.

Name of child:__________________

___________________________ signature (check box if online)

If the parent/custodian or other party has completed the registration online through gophoenixsports.com and has created an account and has checked the required box stating that they accept Phoenix Sports’ Waiver of Liability, Covid-19 Waiver of Liability, and Minor Child Photo Release. Then this section of this document is considered as signed by the parent/custodian of the child/participate that has been registered.

Name of parent/custodian:_______________________ Date:___________

Phoenix Sports Traumatic Brain Injury & Concussion Protocol

Phoenix Sports and its staff are trained accordingly and follow the CDC guidelines for Traumatic Brain Injury & Concussion protocols. Phoenix Sports staff and volunteers are required to complete the CDC HEADS UP to Youth Sports training for concussions and traumatic brain injuries.

CDC HEADS UP Information and Website

CDC Traumatic Brain Injury Information and Website

Phoenix Sports Concussion Safety Guidelines

The CDC Parent/Athlete Concussion Information Sheet should be used to inform parents and players about the potential risks associated with concussions. California state law requires signatures of a parent and/or athlete to be obtained each membership year. Please review the Information Sheet.

Espanol: Hoja informativa para, padres con hijos que participan en deportes juveniles

CDC Heads Up Concussion Training is REQUIRED for all Phoenix Sports staff. This training will be required for coaches and other “officials” as required by California state law.

The CDC Coach/Referee Action Plan provides coaches/referees with the signs and symptoms of concussion and the recommended steps to take whenever a player exhibits any sign or symptom. All Phoenix Sports staff are required to follow these CDC Action Plan Guidelines and have the CDC Coach/Referee Action Plan in the coaching binder at all times.

Espanol: Hoja Informativa para los entrenadores

Phoenix Sports requires the new Participation Release Form, signed by a parent/guardian, acknowledging that the player has been given clearance before the player can return to play.

Phoenix Sports strongly recommends that parents/guardians seek medical attention whenever a player exhibits any signs or symptoms of a concussion and obtain a clearance by a medical professional before the player is allowed to return to play. When required by state law, parents must obtain a medical clearance in addition to completing the Participation Release Form.

If a player exhibits any signs or symptoms of a concussion and is removed from play or not permitted to participate, the player may not return to play for the remainder of that day or until cleared by medical professionals.

Acknowledgment of Understanding: I have read this Phoenix Sports Traumatic Brain Injury & Concussion Protocol, fully understand its terms. I confirm that I am signing the agreement freely and voluntarily, and intend the checkbox of terms and conditions, privacy policy, liability waiver to serve as my signature and to be a complete and unconditional release of all liability to the greatest extent allowed by law.

Name of child:__________________

___________________________ signature (check box if online)

Name of parent/custodian:_______________________ Date:___________

COVID - 19 Liability Release

I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.

I further acknowledge that Phoenix Sports and the City of Carlsbad and Recreation and Neighborhood Services has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.

I further acknowledge that Phoenix Sports, Douglas Goldfein, and the City of Carlsbad and Recreation and Neighborhood Services, their directors, officers, employees, and agents, from liability from any and all claims, including the negligence of Phoenix Sports, Douglas Goldfein, and the City of Carlsbad and Recreation and Neighborhood Services, resulting in personal injury (including death), accidents or illnesses, and property loss, in connection with my participation in The Activity and any use of any of Phoenix Sports, Douglas Goldfein, and City of Carlsbad and Recreation and Neighborhood Services premises and facilities.

I voluntarily seek services provided by Phoenix Sports and acknowledge that I am increasing my child’s risk and my own risk to exposure to the Coronavirus/COVID-19. I acknowledge that my child and I must comply with all set procedures to reduce the spread while attending the event.

I attest that:

* Neither my child nor I are experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.

* Neither my child nor I have traveled internationally within the last 14 days.

* Neither my child nor I have traveled to a highly-impacted area within the United States of America in the last 14 days.

* Neither my child nor I believe we have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19 within the last 14 days.

* Neither my child nor I have been diagnosed with Coronavirus/Covid-19 and not been cleared as non- contagious by state or local public health authorities.

* My child and I are following all CDC recommended guidelines as much as possible and limiting our exposure to the Coronavirus/COVID-19.

I hereby release and agree to hold Phoenix Sports, and the City of Carlsbad and Recreation and Neighborhood Services and its employees, agents and volunteers harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action and possible causes of action whatsoever, claims, demands, damages, costs, expenses and compensation for damage or loss to my child, myself, or others, and/or to property that may be caused by any act, or failure to act of Phoenix Sports, it’s employees, agents and volunteers, or that may otherwise arise in any way in connection with any services received from Phoenix Sports, it’s employees, agents and volunteers. I understand that this release discharges Phoenix Sports, its employees, agents and volunteers from any liability or claim that I, my heirs, or any personal representatives may have against Phoenix Sports, it’s employees, agents and volunteers with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Phoenix Sports, it’s employees, agents and volunteers. This liability waiver and release extends to Phoenix Sports, together with all his employees, agents and volunteers.

Acknowledgment of Understanding: I have read this Covid-19 Liability Release and policy, fully understand its terms, and understand that I and my child are giving up substantial rights, including our right to sue. I confirm that I am signing the agreement freely and voluntarily, and intend the checkbox of terms and conditions, privacy policy, liability waiver to serve as my signature and to be a complete and unconditional release of all liability to the greatest extent allowed by law.

Name of child:__________________

___________________________ signature (check box if online)

Name of parent/custodian:_______________________ Date:___________

Minor (Child) Photo Release

I, the parent or legal guardian of my child attending Phoenix Sports, grant Phoenix Sports my permission to use any photographs that are taken during the Phoenix Sports session activities for the designated session time for any legal use, including but not limited to: publicity, copyright purposes, illustration, advertising, marketing, and web content.

Furthermore, I understand that no royalty, fee or other compensation shall become payable to me by reason of such use.

Acknowledgment of Understanding: I have read this Photo Release, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I confirm that I am signing the agreement freely and voluntarily, and intend the checkbox of terms and conditions, privacy policy, liability waiver to serve as my signature.

Name of child:__________________

___________________________ signature

Name of parent/custodian:_______________________ Date:___________