In consideration of the risk and injury that exists while participating in this discflect event titled “2021 Buffalo Discflect Open” (the ‘Event’) as a player or staff member; and
In consideration of my desire, and being given the right, to participate in the Event;
I hereby, for myself, and on behalf of my executors, administrators, heirs, next of kin, successors and assigns (“I” or “me”, which terms also include Releasor’s parents or guardian if Releasor if under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE AGREEMENT (the ‘Agreement’);
I hereby waive, release, and promise not to sue PDFA (Professional Discflect Association) and Buffalo Discflect (Local Organizing Committee), Gratwick Hose Fire Company #6 (Venue and Property Owner), and EastPoint Sports Ltd., LLC (Sponsor) where the Event takes place, their affiliates, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (Individually and Collectively ‘Released Parties’), from any injury that I may suffer as a direct result of my participation in the Event.
I acknowledge that there are certain risks and hazards involved in participating in discflect that may result in injury or death to me or other players, including but not limited to those hazards associated with weather conditions, playing conditions, equipment, and other participants.
I acknowledge the contagious nature of COVID-19 and the risk associated with participation in the Event. I acknowledge that the Released Parties are not medically monitoring participants. I AGREE I WILL STAY HOME IF SICK. I voluntarily accept and solely assume the risk that I may be exposed to or infected by COVID-19 or other contagious viral and/or bacterial illnesses, diseases, and conditions including but not limited to the flu by participating in the Event, and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
I acknowledge that I am familiar with and will abide by the rules of the sport of discflect, including but not limited to upholding the Spirit of the Game expectations. I also accept sole responsibility for my own conduct and actions while participating in the Event.
I further acknowledge that I have read and understand the refund policy associated with the Event, and understand that after the date listed, I am not entitled to a refund, partial, in full, or otherwise.
I agree to Indemnify, Defend and Hold Harmless the Released Parties, with respect to any claims, damages, costs, or cause of action which I have, or may have in the future, as result of injuries or damages sustained or incurred by me from whatever cause including but not limited to the negligence, breach of contract, or wrongful conduct of the parties hereby released.
I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which may be incurred as the result of such claim.
I hereby grant PDFA and Buffalo Discflect (Local Organizing Committee) the right and permission to use photographs and/or video recordings of me in publications, promotional flyers, or for any other similar purpose without compensation to me.
I understand and agree that such photographs and/or video recordings of me may be placed on the Internet on websites or social media channels. I also understand and agree that I may be identified by name in printed, internet, or broadcast information that might accompany the photographs and/or video recordings of me. I waive the right to approve the final product. I agree that all such pictures, photographs, video and audio recordings, and any reproductions thereof, and all prints and digital files are and shall remain the property of PDFA.
I hereby release, discharge, and agree not to sue the Released Parties from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.
I hereby acknowledge that I have carefully read and understand this Agreement. I further understand that by signing this release I voluntarily surrender certain legal rights. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement.
I further acknowledge that I am signing the Agreement on behalf of myself and myself alone. I understand that if I am a player, my team partner is also required to read, understand, and sign the Agreement for themselves.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s or my agents’ willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.