ACTIVITY WAIVER AND RELEASE OF LIABILITY, EXPRESS ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT In consideration of Bend Soccer Academy LLC (“Bend Soccer Academy”) furnishing of services and/or equipment enabling me/my child to play/train/exercise/practice soccer and other similar activities (collectively, “Soccer Activities”), I the undersigned acknowledge, understand and agree as follows: 1. There is a risk of bodily injury from the activities involved with and related to playing soccer. I am also aware that my participation in Soccer Activities holds the significant potential for serious or permanent personal and bodily injury. I am aware that my participation in these activities and/or the use of equipment furnished to me may result in bodily injuries or disease, including without limitation, strains, sprains, fractures, partial and/or total paralysis, deafness or damage to hearing, disability, death or other serious injury. I am further aware these risks may be caused by the negligence or conduct of Bend Soccer Academy, its members, owners, employees, managers or agents, as well as, by fellow participants, customers, or clients of Bend Soccer Academy, or by other persons. I further understand that bodily injury and property damage may also be caused by faulty and/or defective equipment or other causes. These risks may arise from foreseeable and unforeseeable causes, including without limitation, soccer and Soccer Activity setup and placement, wear and tear of equipment, faulty and/or defective equipment, the intentional conduct of others, or other causes. 2. I, for myself, my children, heirs, successors, personal representatives, and assigns, do hereby, to the greatest extent allowed by Oregon law, release and discharge Bend Soccer Academy, its employees, agents, members, managers, along with and including any landowners and their agents or employees, from any and all claims, demands, damages, actions, omissions, suits or causes of action, whether known or unknown, anticipated or unanticipated, including any bodily or personal injury, wrongful death or property damage, which may be sustained by me or any of my children, heirs, personal representatives and assigns, arising out of the activities I may engage in with Bend Soccer Academy at any location. 3. I agree that I will indemnify and hold harmless Bend Soccer Academy and any landowner or landowners on whose property I participate in any activities with Bend Soccer Academy from and for any and all claims, demands, suits, or causes of action brought by my children, heirs, successors or assigns, arising out of the activities I engage in with Bend Soccer Academy. I further agree that I will indemnify and hold harmless Bend Soccer Academy from any and all claims, demands, suits, or cause of action arising out of my negligence or other conduct during my participation in activities with Bend Soccer Academy. 4. In entering into this agreement, I am not relying on any oral or other written representation or any statement made by Bend Soccer Academy or any releasee, except as set forth in this agreement. I have had the opportunity to consider this agreement, to negotiate its terms, and this release shall be binding to the full extent permitted by Oregon law. If any provision of this release is found to be unenforceable, the remaining provisions, or portions thereof, shall be and remain enforceable. 5. I represent that I have considered thoroughly the risks associated in engaging in Soccer Activities and other related activities with Bend Soccer Academy. I represent and warrant that I expressly assume all such risks, including those described herein and otherwise, whether known or unknown. 6. I agree to abide by and represent that I am in conformance with any and all licensing and permitting requirements, rules and regulations, or other applicable laws of the state of Oregon. 7. I further grant to Bend Soccer Academy, its representatives and employees the right to take photographs of me and my property in connection with the above-identified subject. I authorize Bend Soccer Academy, its assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that Bend Soccer Academy may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content. I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE TO THE TERMS STATED HEREIN. IT IS MY INTENTION TO RELEASE, INDEMIFY AND HOLD HARMLESS BEND SOCCER ACADEMY AND ANY OF ITS MEMBERS, MANAGERS, OWNERS AND EMPLOYEES FROM ANY AND ALL PERSONAL AND BODILY INJURIES, PROPERTY DAMAGE AND/OR WRONGFUL DEATH ARISING OUT OF NEGLIGENCE OR ANY OTHER CAUSE AND TO LIKEWISE RELEASE ANY LANDOWNER OR LANDOWNERS FROM THE SAME. FOR PARENTS/GUARDIANS OF PARTICIPANTS UNDER THE AGE OF 18 This is to certify that I, the undersigned, as parent/guardian, with legal responsibility for this participant, do consent and agree to the photography authorizations and the subject minor’s release of Bend Soccer Academy and any and all of its owners, agents, members, and employees as provided above. I, on behalf of myself, my child(ren), and our heirs, assigns, and next of kin, release and agree to indemnify and hold harmless Bend Soccer Academy, and any and all of its owners, agents, members, and employees from any and all liabilities, claims, actions, and losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of the subject minor’s use of any of the equipment utilized, activities engaged in, and/or property accessed during his/her participation in the subject activities, EVEN IF ARISING FROM THE NEGLIGENCE OR OTHER CONDUCT OF BEND SOCCER ACADEMY, and/or any and all of its owners, agents, members, and employees.
