a minor participant (i.e., a
person unable to bind themselves without parental/guardian consent as
determined by state law) (hereinafter “Minor”) of whom I represent to be the
custodian/guardian vested the authority to make decisions for and speak on
behalf of (I and Minor are hereafter referred to individually and/or
collectively as “We”, “Our” or “Us”), hereby acknowledge and agree that We
voluntarily seek to participate in and/or attend the Varsity Spirit All Star
2024-2025 Season Events for which We participate and/or attend (individually
and collectively the “Event(s)”). In
exchange for participation/attendance at the Events, We agree to the following terms
and conditions (“Terms and Conditions”):
(1) We understand that Varsity
Spirit LLC (“Varsity Spirit”), its corporate sponsors (“Sponsors”), the
National High School Cheerleading Championships, Inc., a not for profit
corporation (“NHSCC”), U.S. All Star Federation, Inc., a not for profit
corporation (“USASF”), USA Federation for Sport Cheering, a not for profit
corporation (“USA Cheer”), together with each of the above named entities’
(including Varsity Spirit) respective parent companies at all levels,
subsidiaries, affiliated companies, directors, officers, representatives,
members, agents, employees, and contractors (all of the aforementioned shall
individually and collectively be referred to as “Spirit Et Al”) are
detrimentally relying upon Us to agree to the Terms and Conditions as a
condition of participation/attendance, and therefore, these Terms and
Conditions constitute valuable consideration We are providing to participate in
and/or attend the Event(s);
(2) We understand and agree that
the Event(s) concern or contain intense, physically demanding, and dangerous activities
whereby Injury or Injuries (Injury and/or Injuries, individually or
collectively, are defined as physical, emotional and/or mental illness, injury,
and/or trauma, including minor, minimal, serious, catastrophic and/ or death)
are a natural and foreseeable consequence of Our voluntary participation and We
undertake the risk of such Injury or Injuries;
(3) We understand that Injuries
can occur as a result of the athletic stunts and/or feats We attempt, and We
agree to undertake the risk of such Injury;
(4) We understand that many
aspects of the Event(s) involve working together with, being among and around Spirit
Et Al and other athletes/participants/spectators/coaches and that human error,
negligence, gross negligence, reckless, willful or wanton acts or omission of
others with whom We are participating with or near may cause Us Injury which We
understand to be part of the risks involved in participating in or attending
the Event(s); and
(6) We understand and agree that:
(a) Events are
held at Hosting Sites (university, hotel, convention center, high school, other
site) on whose premises the Event(s) will occur or are filmed (if the Event is
online or being conducted virtually);
(b) We will be
at the Hosting Site and Surrounding Areas (parking lots, hotels, streets,
walkways, restaurants, convenience stores, etc.);
(c) Hosting
Sites and Surrounding Areas have many risks both during structured events,
during down-time, and during meals, etc.;
(d)
(i) Spirit Et
Al does not control the Hosting Site or Surrounding Areas, or risks associated
with them, and We may suffer Injury as a result of conditions in such Hosting
Sites and Surrounding Areas;
(ii) Spirit Et
Al has no control over third parties, including but not limited to other participants,
counselors, coaches or other assistants of gyms or teams or spectators;
(iii) Varsity
Spirit has no control over any person not employed by Varsity Spirit;
(iv) even as to
employees of Varsity Spirit, Varsity Spirit has no control over an employee’s acts
when not working (including but not limited to downtime at Events, Host Sites,
or Surrounding Areas) or acts where the employee is engaging in behavior or
conduct that is outside the scope of their employment duties;
(v) We may
suffer Injury at the hands of persons identified in subparts (ii), (iii) and
(iv) through such person’s negligence, gross negligence, willful or even
intentional acts for which Spirit Et Al cannot predict, control or prevent;
(7) In consideration for being
able to participate in or attend the Event(s), We acknowledge and agree that
participation in or attending the Event(s) subjects Us to the possibility of
Injury and that We acknowledge that We are assuming the risk of such Injury by
participating in and/or attending the Event(s), We assume sole and full
responsibility for Our participation and/or attendance, and agree not to hold
or claim Spirit Et Al accountable or liable for any Injuries sustained. We further
agree to hold harmless and covenant not to sue Spirit Et Al, the Hosting Site,
and/or
any online platform through which the Event(s)
is being conducted (if applicable) and the heirs, successors, assigns,
executors and administrators of each (individually and collectively,
“Releasees”), from and against any and all liability whether caused by
negligence of the Releasees or otherwise for any claim, judgment, loss,
liability, demand, action, cost and expense (including, without limitations,
attorney’s fees and costs) (collectively, “Claim”) arising out of or connected
with the Event(s), including any Claim arising out of or connected with any
Injury that We may incur or sustain during the Event(s), related to all
activities associated with the Event(s), and/or incurred while traveling to and
from the site for the Event(s) or any other location from which We are participating
in or attending the Event(s), whether or not the Event(s) actually occurs. We further
expressly agree to indemnify and hold harmless the Releasees against loss from
any further Claims that may subsequently be brought by Us or by any other
persons on account of any Injury or damages of any character resulting from Our
participation in or or attendance at any Event.
We further agree to reimburse and to make good to Releasees any loss or
costs Releasees may have to pay as a result of any such Claim.
(8) Supervision: An adult (age 21
and over), which shall be solely vetted by Me, is required to attend the Event(s)
with any participants under the age of 21. I or this adult will be responsible for the
participants at all times. We understand
that Releasees are not responsible in any manner for vetting Our chosen adult
supervisor or otherwise protecting Us from acts of misconduct by such
adult.
(9) Appearance Agreement: I agree
that as a participant and/or attendee at Event(s), We may be included in
recordings, streaming, videotapes, photographs, DVDs, podcasts and videocasts
taken during the Event(s). Therefore, without reservation or limitations, We hereby
irrevocably assign, transfer and grant to Releasees and their successors,
assignees, licensees, sponsors, any television networks, and all other
commercial exhibitors the exclusive right to photograph and/or videotape Us at
Events and utilize such videotapes and photographs and to further use Our name,
image, face, likeness, voice and appearance as a part of the Event(s), in
advertising and promoting the Event(s), in advertising and promoting similar
future events, or in advertising and promotions relating to Releasees, in any
media now in existence or hereafter developed, without further compensation and
without reservations or limitations. We further understand that no Releasee nor
any third party is under any obligation to exercise any of the foregoing
rights, licenses and privileges herein granted. We waive any right to inspect
or approve any materials related thereto.
(10) Event(s) Rules: We further acknowledge
and understand that Varsity Spirit and/or Hosting Sites have established rules
and regulations pertaining to conduct, behavior and activities of all Event(s)
participants and attendees. We agree
that the Terms and Conditions outlined herein are considered part of and
incorporated into the rules and regulations for each and every Event without
them needing to be repeated. We
acknowledge that We have received, read and understand the Event(s) rules and
agree to abide by the same during the Event(s).
We will be responsible for Our failure to abide by those rules and
regulations, including the payment of any damages caused by Our failure to
abide by the same. We agree to indemnify and defend Releasees from any and all Claims
related to or resulting from Our failure to abide by the aforementioned rules
and regulations. We understand that violation of the rules and regulations can
result in dismissal from the Event(s) with no refund.
(11) We understand that Spirit Et
Al may report any potential or suspected violations of the rules referenced in
section 10, above, or any other perceived misconduct of any type, to third
parties as appropriate, and in a superabundance of caution, including to law
enforcement, child protection authorities, USA Cheer and/or USASF. We hereby covenant not to sue Spirit Et Al for
any and all good faith reports. We understand
that Spirit Et Al may provide personal or other information about Us to each
other and to third parties in connection with any such reports and/or to assist
in any investigation or review of potential or suspected violations of any
rules or regulations or other misconduct, behavioral concerns or other activities.
(12) Transportation Release: We acknowledge
that Spirit Et Al or Host Site may arrange, facilitate, or provide
transportation, including through private vehicles as appropriate, for Us and
agree that We may participate in such transportation and consent to any means
of such transportation – including but not limited to giving permission for Us to
ride in private cars. We further agree to release and discharge any Releasees from
all Injuries and from all damage to property, real or personal, caused by or
arising out of the above-described transportation.
(13) Medical Release: We acknowledge
and agree that participation in the Event(s), Hosting Sites, and Surrounding
Areas, subjects Us to risk of Injury, and that We acknowledge that We are
assuming the risk of such Injury by participating in and/or attending the Event(s).
In the event of Injury, We authorize Spirit Et Al and/or Hosting Site to obtain
medical treatment it deems needed or necessary and hereby release and hold
harmless Releasees in the exercise of this authority. We further acknowledge and understand that We will
be responsible for any and all medical and related bills that may be incurred
on behalf of Us for any Injury or possible Injury that We may sustain during
the Event(s), at Hosting Sites, in Surrounding Areas, and/or while traveling to
and from Event(s), whether or not the Event(s) actually occurs.
(14) COVID-19 (and other
diseases) Assumption of Risk and Release: We acknowledge that We are aware that
participants are not required to prove immunization against COVID-19 or other
diseases, or to wear masks, unless required to do so by state or local
guidelines, in order to participate in or attend the Event(s), and that certain
risks associated with exposure to COVID-19 or other communicable or
non-communicable diseases may exist at the Event(s). By participating or
attending, We are assuming all risks, responsibility and liability concerning Our
health and safety and possible exposure to COVID-19, or other communicable or
non-communicable diseases, in connection with the Event(s). We agree to release and to hold harmless
Releasees from any and all liability, whether caused by negligence of the
Releasees or otherwise, for any Claim arising out of or associated with Our participation
in or attendance at the Event(s), including but not limited to possible
exposure to COVID-19 or any other communicable or non-communicable disease.
Varsity Spirit is located in the
United States. The information provided in connection with this Participant
Release and Waiver will be stored and processed in the United States by Varsity
Spirit and our vendors.
WE HEREBY WARRANT THAT WE HAVE
READ THIS PARTICIPANT RELEASE AND WAIVER FORM IN ITS ENTIRETY AND FULLY
UNDERSTAND ITS CONTENTS. WE ARE AWARE THAT THIS PARTICIPANT RELEASE AND WAIVER
FORM RELEASES RELEASEES (DEFINED ABOVE) FROM LIABILITY AND CONTAINS AN
ACKNOWLEDGEMENT OF OUR VOLUNTARY AND KNOWING ASSUMPTION OF THE RISK OF INJURY
OR ILLNESS. WE FURTHER ACKNOWLEDGE THAT NOTHING IN THIS PARTICIPANT RELEASE AND
WAIVER FORM CONSTITUTES A GUARANTEE THAT THE EVENT(S) WILL OCCUR. WE HAVE
SIGNED THIS DOCUMENT VOLUNTARILY AND OF OUR OWN FREE WILL.
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