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, Inc., Douglas Goldfein, and the City of Carlsbad, the City of Oceanside, the City of Encinitas, and New Song Church, 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, Inc., Douglas Goldfein, and the City of Carlsbad, the City of Oceanside, the City of Encinitas, and New Song Church, 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, Inc., Douglas Goldfein, and the City of Carlsbad, the City of Oceanside, the City of Encinitas, and New Song Church, 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, Inc., Douglas Goldfein, and the City of Carlsbad, the City of Oceanside, the City of Encinitas, and New Song Church, Carlsbad, and Recreation and Neighborhood Services premises and facilities.

Description of Activity or Program: Date(s):  A youth sports program run by Phoenix Sports, Inc.,  for children between the ages of 2-12. 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.  

Attestation:  I certify that my child is physically fit to take part in The Activity.  My child is not experiencing any symptoms of illness, is not injured, and is not experiencing any signs of injury.  

Indemnification and Hold Harmless: I also agree to indemnify and hold Phoenix Sports, Inc., Douglas Goldfein, and the City of Carlsbad, the City of Oceanside, the City of Encinitas, and New Song Church, Carlsbad, and Recreation and Neighborhood Services, 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 may be 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:___________

Phoenix Sports Traumatic Brain Injury & Concussion Protocol

Phoenix Sports, Inc. and its staff are trained accordingly by accredited third party companies for Infant & Adult CPR, First-Aid, AED which includes concussion symptoms and recognition. 

 

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

 

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

 

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, Inc.,  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, Inc., 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, Inc.,  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:___________

Minor (Child) Image Release

I, the parent or legal guardian of the below named child, grant Phoenix Sports, Inc. permission to use my child’s images in any photographs or videos taken during Phoenix Sports, Inc. activities.  This grant of permission is for any legal use, including but not limited to: publicity, illustration, advertising, marketing, and web content. Phoenix Sports, Inc. will not use the name of the child or other identifying information.

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

Acknowledgment of Understanding: I have read this Image Release, fully understand its terms, and understand that I may be 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 (check box if online)

Name of parent/custodian:_______________________ Date:___________

Cancelation & Refund Policy 

I have read this Phoenix Sports, Inc Refund and Cancelation Policy as described in the Phoenix Sports Terms and Conditions description. 

Refund & Cancelation Policy Defined

Acknowledgment of Understanding: I have read this Phoenix Sports, Inc.,  Refund and Cancelation Policy, 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:___________