Waiver and Release of Liability
It is the purpose of this agreement to exempt, waive and relieve releasees from liability for personal injury, property damage, and wrongful death, including if caused by negligence, including the negligence, if any, of releasees. “Releasees” include Prince Elite Hockey Inc., The Beach Hockey Classic, its affiliate associations, local associations, affiliate leagues and facilities, trustees, officers, member teams, event hosts, coaches, officials, sponsors, advertisers, agents, employees and other participants (hereinafter also collectively referred to as “BHC”).
For and in consideration of the undersigned participant’s registration with BHC and being allowed to participate in BHC events and member team activities, participant and the parent(s) or legal guardian(s) of participant (hereinafter collectively referred to as “Participant”), waive, release and relinquish any and all claims for liability and cause(s) of action, including for personal injury, property damage or wrongful death occurring to Participant or others, arising out of participation in BHC events, member team activities, the sport of hockey (in all of its known forms and variations), 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 may have are hereby waived, released and relinquished, and Participant does so on behalf of Participant and Participant’s heirs, executors, administrators and assigns.
Participant acknowledges, understands and assumes all risks relating to the sport of hockey (in all of its forms and variations), and any member team activities, and understand that participation in the sport of hockey (in all of its forms and variations), and member team activities involve inherent risks to Participant’s person including bodily injury, partial or total disability, paralysis and death, and damages which may arise therefrom and that the Participant has full knowledge of said risks. These risks and dangers may also arise from the negligence of the Participant or the negligence of others, including the Releasees. Participant acknowledges that these risks and dangers include, but are not limited to, those arising from participating with bigger, faster and stronger individuals, and that these risks and dangers will increase if Participant participates in the sport of hockey (in all of its forms and variations), and member team activities in an age group above that in which Participant would normally participate. Participant further acknowledges that there may be risks and dangers not known to Participant or not reasonably foreseeable at this time. Participant acknowledges, understands and agrees that all of the risks and dangers described throughout this Agreement, including those arising from the negligence of Participant, Releasees and/or others, are included within the waiver, release and relinquishment described in the preceding paragraph.
Participant further acknowledges, understands and assumes the risks, arising from the conditions and use of hockey rinks and other sports facilities, and their respective related premises (hereinafter collectively referred to as “Premises”), and acknowledges and understands that included within the scope of this waiver and release is any cause of action (including any cause of action based upon negligence) arising from: (1) the maintenance, inspection, supervision or control of said Premises; (2) the failure to warn of dangerous conditions existing at said Premises; (3) the negligent selection of certain Releasees; and/or (4) negligent supervision or instruction by Releasees.
If the law in any controlling jurisdiction renders any part of this Agreement unenforceable, the remainder of this Agreement shall nevertheless remain enforceable to the full extent, if any, allowed by controlling law. This Agreement affects your legal rights, and you may wish to consult an attorney concerning this agreement. Participant agrees that if any claim for Participant’s personal injury or wrongful death is commenced against Releasees, Participant shall defend, indemnify and save harmless Releasees from any and all claims or causes of action by whomever or wherever made or presented for Participant’s personal injuries, property damage or wrongful death. Participant acknowledges that they have been provided and have read the above paragraphs and have not relied upon any representations of Releasees, that they are fully advised of the potential dangers of the sport of hockey, in all of its forms and variations, and understand that these waivers and releases are necessary to allow amateur hockey to exist in its present form.