WAIVER/RELEASE, ASSUMPTION OF RISK, AND EMERGENCY TREATMENT CONSENT
As a condition of participating in events conducted by AOS Group LLP (“AVP”) or its affiliates on AVP’s behalf (the “Event” or “Events”), and in consideration thereof, the undersigned Player, on behalf of himself and his representatives, heirs, successors and permitted assigns (“I”), hereby represents, warrants and covenants as follows (the “Agreement”):
1. Acknowledgement and Assumption of Risk. I hereby affirm that I am aware that beach volleyball has inherent risks which may result in serious injury, death, or property damage. These inherent risks include but are not limited to the risks of property damage, bodily injury, dismemberment, disability, possible paralysis, or death. I acknowledge that I am familiar with the technical rules of the AVP, USA Volleyball, and FIVB, and the AVP Player Handbook, and have had access to them. I understand that while these rules may reduce my risks from participating in this sport, these rules cannot guarantee my safety while training or competing in beach volleyball. I also understand that beach volleyball is a physically strenuous activity, that I will be exerting myself during Events, and that if I am injured as a result of contact with the blood or bodily fluid of another, falling, heart attack, panic, hyperventilation, heat exhaustion or heat stroke, or any other cause, I expressly assume the risk of said injuries and I will not hold the Released Parties responsible for the same. I confirm that in spite of these risks I still choose to proceed with participating in Events. I understand and agree that none of AVP or the owners or operators of the event facility, or their parent, affiliate, and subsidiary corporations, or any of their respective employees, officers, directors, shareholders, volunteers, staff, agents, representatives, contractors, sponsors, licensees, suppliers, or assigns (hereinafter collectively referred to as “Released Parties”) may be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns that may occur as a result of my participation in the AVP event or any competition or as a result of the negligence of any party, including the Released Parties, whether passive or active, including any failure to follow all applicable rules of AVP, USA Volleyball, or the FIVB. IN CONSIDERATION OF PARTICIPATING IN EVENTS I HEREBY PERSONALLY ASSUME ALL RISKS OF THE EVENTS, WHETHER FORESEEN OR UNFORESEEN, THAT MAY BEFALL ME WHILE I AM PARTICIPATING IN OR ATTENDING EVENTS.
2. Consent to Emergency Treatment. If I am injured I authorize first aid treatment by on-site medical personnel, physical therapists, and others, as is customary for beach volleyball injuries, and any medical treatment by a qualified and licensed physician in the event of a medical emergency which, in the opinion of the attending physician, may endanger my life, cause disfigurement, physical impairment, or undue discomfort if delayed.
3. Waiver and Release. I, FOR MYSELF, AND ON BEHALF OF MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, HEREBY RELEASE, WAIVE, HOLD HARMLESS, AND PROMISE NOT TO SUE THE RELEASED PARTIES WITH RESPECT TO ANY AND ALL INJURY AND LOSS (INCLUDING ATTORNEY’S FEES AND COSTS) ARISING FROM MY PARTICIPATION IN EVENTS, WHETHER CAUSED BY NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, EXCEPT THAT WHICH IS THE RESULT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, including, without limitation, any claims (including attorney’s fees and costs) arising out of or in connection with the following: (a) any unsportsmanlike conduct occurring on or adjacent to the playing area, during the course of any practice, exhibition or AVP event; (b) spectator viewing or involvement; (c) any injury occurring to me arising as a result of participating in any practice, exhibition, Event, or promotion, or any AVP sponsor-related or licensee-related activity; and (d) any claims or actions that I have or may have or that have been instituted at the time this Agreement is entered into. This waiver and release of claims shall extend to all claims against any Released Party that were or could have been brought in any foreign or domestic forum, judicial or administrative, by or on behalf of Participant. Participant's rights under California Civil Code § 1542 with respect to any claims against the Released Parties are expressly waived. Cal. Civ. Code § 1542 provides:
“A general release does not extend to claims which the creditor does not know or expect to exist in his favor at the time of execution of the Release, which, if known by him, must have materially affected his settlement with the debtor.”
4. Authority/General. I further state that I am of lawful age and legally competent to sign this liability release, or that I have acquired the written consent of my parent or guardian. I have carefully reviewed this Agreement, fully understand the terms and conditions hereof, and have had the opportunity to consult with legal representation prior to entering into this Agreement. I understand the terms herein are contractual and not a mere recital, and that I have signed this Agreement of my own free act, and with the knowledge that I hereby agree to waive my legal rights. I further agree that if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the un-enforceable provision had never been contained herein. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and other signings between the parties hereto concerning the subject matter hereof. This Agreement is binding upon and shall inure to the benefit of the Released Parties. I willingly agree to comply with the stated and customary terms and conditions for participation in Events, the AVP rules and Player Handbook, and directions given to me by officials and AVP personnel while I am participating in or attending Events. This Agreement shall remain valid until it is expressly revoked by written notice from me to AVP; provided however, that any such revocation shall not in any manner affect the waiver and release of liability given hereunder for any acts or occurrences prior to receipt of said written notice by AVP. If I observe any unusual or unnecessary hazard during my presence or participation, I will bring such to the attention of the nearest official immediately.
5. Disputes/Choice of Law. In the event it becomes necessary for the Released Parties to take any action to compel enforcement of the terms of this Agreement, the Released Parties shall be entitled to all reasonable attorneys' fees and costs incurred to compel such enforcement. The enforcement of the terms of this Agreement will be governed by California law. This choice-of-law provision, however, shall not subject any party to personal jurisdiction in California, if such jurisdiction is otherwise lacking.