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Waiver of Liability, Release, Assumption of Risk & Indemnity Agreement
Last updated: September 12, 2024
It is the purpose of this agreement to exempt, waive and relieve releasee of liability for personal injury, proper damage and wrongful death, including if caused by negligence, or otherwise, if any, of releasees. “Releasees” including Real Soccer FC’s Program Director – Zhurabek Khusanboev, Coaches – Akromjon Omonov, Khojiakbakbar Tilavoldiev, Shaa-Myrza Ryskulov and their affiliate associates, local associations, other participants, coaches, instructors, volunteers, officials, sponsors, advertisers, and each of them, their officers, directors, agents, and employees.
For and consideration of the undersigned participants registration with the releasees, their affiliates and local associations, and being allowed to participate in the releasees’ events, participant (and the parents) or legal guardian(s) of participant, if applicable) waive, release, and relinquish any and all claims for liability and causes) of action, including personal injury, property damage or wrongful death occurring to participant, arising out of the participation in the releasees’ events, the sport of activities at the Real Soccer FC and/or activities incidental thereto, whenever or however they occur and for such period said activities may continue, and by this agreement any such claims, rights, and causes of action that participant (and participant’s parents) and/or legal guardian(s) if applicable) may have, are hereby waived, released and relinquished, and participant (and parents) and/or guardians(s), if applicable) does (do) so on behalf of my/our and participants heirs, executors, administrators and assigns.
Participant (and participant’s parents) and/or legal guardian(s) if applicable) acknowledge, understand, and assume all risks relating to sports, and/or activities incidental thereto, and understand that this type of training involves risks to a participant’s person including bodily injury, partial or total disability, paralysis and
death, and damages which may arise therefrom and that I/we have full knowledge of said risks. These risks and dangers may be caused by the negligence of the participant or the negligence or otherwise of others, including the “releasees” identified above. These risks and dangers include, but are not limited to, those arising from participating with bigger, faster, stronger, and more experienced participants. Participants also understand and fully waive any known or unknown risks and dangers that arise if participant participates in and/or activities incidental thereto, and activities with those greater in age, experience and weight than the participant.
I/we further acknowledge that there may be risks and dangers not known to us or not reasonably foreseeable at this time. Participant (and participant’s parents) and/or legal guardian(s) if applicable) acknowledge, understand, and agree that all risks and dangers throughout this agreement, including those caused by negligence of the participant and/or “releasees” are included within the waiver, release and relinquishment described in the preceding paragraphs. I/we agree to abide by and be bound by this agreement.
Participant (and participant’s parents) and/or legal guardian(s) if applicable) acknowledge, understand, and assume all risks, if any, arising from the conditions and use of any type of training mats, gloves, bags, and gear, including skin infections, and the releases’ work out premises, and acknowledge and understand that included within the scope of this waiver and release is any cause of action (including any cause of action based on negligence or otherwise against the release arising from the performance, failure to perform, maintenance, inspection, supervision or control of said areas and for the failure to warn of dangerous conditions existing at said area as well as negligent selection and/or hiring of certain releasees or negligent supervision or instructed by releasees.
If the laws in the state of OHIO should change and/or render any part of this agreement unenforceable, the remainder of this agreement shall nevertheless remain enforceable to the full extent, if any, allowed by the controlling law. This agreement affects your legal rights, and you may wish to consult an attorney prior to signing this agreement.
Participant (and participant’s parents) and/or legal guardian(s) if applicable) agree if any claim for participant’s personal injury or wrongful death is commenced against releasees, the participant shall defend, indemnify and save harmless the releasees from all claims or causes of action by whomever or wherever made or presented for participant’s personal injuries, property damage or wrongful death.
Participant (and participant’s parents) and/or legal guardians) if applicable) acknowledge that they have been provided and have read the above paragraphs and have not relied upon any representations by the releasees, that they are fully advised of the potential dangers of sport activities and/or activities incidental thereto, and understand these waivers and releases are necessary to allow this training club to exist in its present form.
RESTRICTIONS ON CANCELLATION OR ASSIGNMENT
Member understands that they have signed a membership agreement. Failure to use this membership and utilize programs and facilities does not relieve member of their liability for payment, regardless of circumstances. Membership is absolutely non-transferable, non-assignable, and non-cancellable, except as provided in this contract.
A Member’s notice of his/her intent to cancel shall be given in writing to the Real Soccer FC. And that such a notice of cancellation shall also terminate automatically the consumer’s obligation to any entity to whom the Real Soccer FC has subrogated or assigned the consumer’s contract. And that if the MWC wishes to enforce such contract after receipt of the notice, it may request the department to determine the sufficiency of the notice.
That if the department determines that a refund is due the buyer, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term.
For the 4-month plan, members cannot cancel within the first 60 days. After this period, a 30-day written notice is required. Upon cancellation, one month’s payment will be refunded. Similarly, for the 6-month plan, members cannot cancel within the first 90 days. After this period, a 30-day written notice is required, and two months’ payment will be refunded upon cancellation.