READ CAREFULLY – THIS IS A WAIVER AND RELEASE OF LIABILITY
In consideration of my minor child(ren)/ward (referred to herein as the “Participant”), being provided the opportunity by Orlando City SC and/or Orlando Pride, and the sponsor, if any, to voluntarily participate in physical activities in conjunction with an event or series of events organized by Orlando City SC and/or Orlando Pride (the “Event”) and any and all related activities offered as part of the Event (each, a “Related Activity” and collectively the “Related Activities”), and as an inducement and condition precedent to the “Released Parties” (hereinafter defined) permitting the Participant to attend and/or participate in the Event and Related Activities, I, on behalf of myself and my personal representatives, assigns, and heirs, and on behalf of the Participant, hereby voluntarily agree as follows:
RELEASE FROM LIABILITY, INDEMNIFICATION AND COVENANT NOT TO SUE. I, on behalf of myself and my personal representatives, assigns, and heirs, and on behalf of the Participant, hereby agree to release, waive, and forever discharge Orlando Sports Holdings, LLC (“Orlando City SC”), Major League Soccer, L.L.C. (“MLS”), Soccer United Marketing, LLC, (“SUM”), Orlando Pride, LLC (“Orlando Pride”), National Women’s Soccer League, LLC (“NWSL”), Orlando Sports Stadium, LLC, Orlando Soccer Stadium Land Company, LLC, each owner and operator of any field or venue at which the Event or any Related Activity is conducted, and any other sponsor, promoter, or advertiser of the Event or any Related Activity and each of their respective officers, directors, owners, employees, agents, volunteers, successors, parents, affiliates, subsidiaries, contractors, and assigns (each individually a “Released Party”, and collectively, the “Released Parties”) from and against any and all claims, demands, losses, costs, liabilities damages, and expenses (including but not limited to, reasonable attorneys’ fees and costs) of any nature whatsoever (individually a “Liability” and collectively the “Liabilities”) which may in any way actually or allegedly, in whole or in part, arise from, be connected with, or relate to Participant’s attendance at and/or participation in the Event or any Related Activity, including but not limited to, travel to or from the Event or any Related Activity. I, on behalf of myself and my personal representatives, assigns, and heirs, and on behalf of the Participant further agree that if, notwithstanding this Release, I or anyone acting on behalf of the Participant, anyone acting on behalf of such Participant or its estate (including any other parent or legal guardian of such minor child) asserts any Liability or initiates any legal proceedings against any of the Released Parties, I will indemnify, defend and hold harmless each and every one of the Released Parties from and against any Liabilities which may in any way actually or allegedly, in whole or in part, arise from, be connected with, or relate to Participant’s attendance at and/or participation in the Event or any Related Activity, including but not limited to, travel to or from the Event or any Related Activity. This Release shall be applicable to any and all Liabilities that may be incurred at any time in connection with or as a result of the Participant’s attendance at and/or participation in the Event or any Related Activity, regardless of how any such Liability may have been incurred and whether or not such Liability is based on, or the result of the alleged or actual fault or negligence of any third party, including without limitation any of the Released Parties or any other participant in the Event.
ASSUMPTION OF RISK. I understand that there exists: (i) certain inherent dangers and risks in the Participant’s participation in the Event and the Related Activities; and (ii) the potential for damage or injury to the Participant (including, muscle injuries, heat and stress-related issues, broken bones, permanent disability, paralysis and death, both during and after participation in the Event or any Related Activity) which may be caused by the Participant’s own actions or inactions, those of others participating in the Event and the Related Activities, the conditions in which the Event and the Related Activities take place and/or the negligence of the Released Parties, and that there may be other risks either not known or not readily foreseeable at the time of signing this Release. Notwithstanding the foregoing and the other provisions of this Release, I, on my own behalf and on behalf the Participant, accept and expressly assumes all risks of responsibility for personal injury or death to, or damage to, or loss of property of, Participant arising from, based upon or relating to participation in the Event and Related Activities. Such assumption of risk includes, but is not limited to, any personal injury or death, or damage to or loss of property arising from, based upon or relating to the lack of skill of any participant in the Event or Related Activities, or caused in whole or in part by the negligence of a Released Party. I understand and agree that in the event of any injury to Participant at the Event or Related Activity, I authorize any of the Released Parties, at my own expense, to use their discretion in connection with medical treatment, including but not limited to Participant being transported to a medical facility. I understand that none of the Released Parties will be responsible for any decisions relating to medical treatment for Participant or such treatment itself.
RIGHT OF PUBLICITY. I, on behalf of myself and my personal representatives, assigns, and heirs, and on behalf of the Participant hereby consent and grant permission to the Released Parties to use Participant’s name, photograph, video, and/or other indicia of Participant, worldwide and in perpetuity, for any purpose, by any means and in any medium, whether now known or hereinafter developed. I understand that neither the Participant nor I shall have any right to review or approve of any material within which Participant’s photograph and/or video may appear, and I understand that the Released Parties may use such photograph(s) or video(s) with or without associating names thereto. I further waive any claim for compensation of any kind and fully and forever discharges and releases the Released Parties from any claims for damages of any kind (including, but not limited to, invasion of privacy; defamation; false light or misappropriation of name, likeness or image) arising out of the use or publication of photograph(s) and/or video(s) of Participant by the Released Parties. I, on behalf of myself and my personal representatives, assigns, and heirs, and on behalf of the Participant, covenant and agree not to sue or otherwise initiate legal proceedings against any Released Party for such use of likeness contemplated in this section of the Release.
REPRESENTATIONS. I acknowledge and agree that: (i) I have had full opportunity to ask any questions regarding the Event and the Related Activities, (ii) I have read and understand the contents of this Release, (iii) I have been given opportunity to review this Release with anyone I choose, including a lawyer, (iv) I have given up substantial rights on my own behalf and on behalf of the Participant by signing this Release, and (v) I have the full power, right, and authority to agree to the terms of this Release without obtaining the consent or permission of any other person or entity and have freely and voluntarily agreed to the terms of this Release without any inducement or assurance of any nature, for good and valuable consideration inuring to the Participant’s benefit and intend for it to be legally binding. I, represent and warrant that Participant: (x) is in good physical condition, (y) has no existing medical condition and/or no knowledge of any condition in Participant’s medical history that would in any way prohibit, inhibit, or limit the Participant’s full participation in, or threaten, jeopardize or risk the health of the Participant or any other person in connection with the Event and the Related Activities, and (z) has no history of fainting or other medical diagnosis related to strenuous exercise.
MISCELLANEOUS. All grants of permissions and consents, and all covenants, agreements, and understandings contained herein are irrevocable. None of the Released Parties shall have, or be deemed to have, any obligation to Participant hereunder or otherwise in connection with the Event or any Related Activity unless set forth in writing and signed by the applicable Released Party. I acknowledge that this Release is intended to be liberally construed to protect the Released Parties to the fullest extent as permitted by the laws of Florida and if any portion of the Release is invalid, the remainder shall continue in full legal force and effect. I certify that the information set forth pertaining to such minor Participant is true, correct, and complete. I acknowledge and agree that this Release is governed and intended to be as broad as possible and inclusive as permitted by the laws of the State of Florida. Any legal action relating to or arising out of this Release shall be commenced exclusively in the State Courts of Orange County, Florida.
NOTICE TO THE MINOR CHILD(REN)’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD(REN) ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR MINOR CHILD(REN) MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITIES WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS RELEASE, YOU ARE GIVING UP YOUR MINOR CHILD(REN)’S RIGHT AND YOUR RIGHT TO RECOVER FROM ANY OF THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR MINOR CHILD(REN) OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO LET YOUR MINOR CHILD(REN) PARTICIPATE IF YOU DO NOT SIGN THIS RELEASE.