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Participant/Staff Waiver and Release Agreement
For and in consideration of my registration with the Professional Discflect Association (“PDFA”) and my desire to participate in any 2023 event, activity, or tournament overseen by PDFA (including but not limited to Discflect Season Kickoff, Discflect Summer Open, Discflect Summer Showdown, PDFA Discflect World Championships, Woodbridge Discflect Open, Discflect Challenge, or any other competition, tournament, or event overseen by PDFA, hereinafter known as “Event” and known collectively as “Events”), I hereby forever waive, release, discharge and relinquish for myself, and my heirs, administrators, successors and assigns (“I” or “me”, which terms also include Releasor’s parents or guardian if Releasor if under 18 years of age), any and all claims, rights, actions, suits or causes of action against PDFA, PDFA’s sponsors, owners of the various sites of Events (see Appendix A for list of Event site owners), other Event participants, staff members, and spectators (hereinafter collectively referred to as “Releasees”), for personal injury, property damage, wrongful death or any other type of injury or damages arising out of my participation in Events, and/or any activities incidental thereto, whenever or however they may occur or arise.
I fully understand and acknowledge that a discflect Event may involve risks and dangers to my person including bodily injury, partial or total disability, paralysis, and death, and damages which may arise therefrom and I acknowledge and voluntarily assume all such risks and dangers in connection with my participation therein. I further understand and acknowledge that these risks and dangers may be caused by my own negligence, or the negligence of others and I knowingly and voluntarily assume all such risks and dangers whether caused by my own negligence or the negligence of others. I further acknowledge that there may be risks and dangers that are not known to PDFA or myself or are not reasonably foreseeable at this time and I voluntarily assume all such risks.
I acknowledge if any damage to equipment or facilities occurs as a result of my or my family’s or my agents’ willful actions, neglect, or recklessness, that I agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
I acknowledge the contagious nature of COVID-19 and the risk associated with participation in the Events. I acknowledge that the Releasees are not medically monitoring participants, staff members, or spectators. 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 the Spirit of the Game expectations. I also accept sole responsibility for my own conduct and actions while participating in the Events.
I hereby grant PDFA and PDFA’s Sponsors 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 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 Releasees 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 read this waiver of liability, release, assumption of risk and indemnity agreement and understand that I am giving up substantial rights by signing it. I have signed this agreement freely and without promise or inducement except as set forth herein. The release, waiver, assumption of risk and indemnity herein are intended to be as broad and inclusive as permitted by law, and to bind myself and my estate. If any portion hereof is held to be invalid, I agree that the balance shall notwithstanding continue in full force and effect. 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. This agreement shall be governed by New York law, and the venue for any litigation arising with respect hereto shall be exclusively in a Court of competent jurisdiction of the State of New York in accordance with the laws of the State of New York.
Event sites and dates include but are not limited to the below list. PDFA reserves the right to relocate or modify these Event sites for reasons as necessary including but not limited to weather conditions, event date changes, site availability or more.
Parental Consent (required if the participant is less than 18 years of age): As the Parent and/or Legal Guardian to the minor identified above, I hereby accept and agree to all of the terms and conditions of this Agreement on behalf of the minor in connection with the minor’s participation in the Events. If, despite this Agreement, I, or anyone on the minor’s behalf, makes a claim for Liability against any of the Releasees, I will indemnify, defend and hold harmless each of the Releasees from any such Liabilities which any may be incurred as the result of such claim.