PARTICIPANT WAIVER, INDEMNIFICATION & RELEASE
WAIVER AND RELEASE: In consideration for IMG Academy, LLC, permitting Participant access to or the use of the property, facilities, parking lot, buildings, fields, equipment, housing, dining areas, and/or services of IMG Academy, LLC, Participant and his/her Parent/Guardian (as applicable throughout), on behalf of Participant and on behalf of themselves (hereinafter “Releasors”), hereby release IMG Academy, LLC, its affiliated companies and all of its members, directors, officers, employees, volunteers, sponsors, independent contractors or agents (collectively, “IMG”), from any liability, claims, actions, damages, costs, expenses or lawsuits whatsoever, arising out of the inherent risks (as described herein or otherwise) of any activity in which Participant will be participating. The scope of this Participant Waiver, Indemnification & Release (“Agreement”) shall include, but is not limited to, any damages, losses or injuries in connection with transportation, food, lodging, medical concerns (physical and emotion), entertainment, photographs, athletic activities and physical injury of any kind that arise from any inherent risk of any activity in which Participant will be participating. Releasors further agree that this Agreement shall remain effective throughout Participant’s participation on IMG property or using IMG facilities at any time. This provision shall be interpreted as broadly as permitted by F.S.A. 744.301 or other applicable Florida law.
ARBITRATION/DISPUTE RESOLUTION: All claims or disputes between the Participant and/or the Participant’s Parent(s)/Guardian(s) and IMG, including those arising out of or related to this Agreement or arising out of or related to the Participant’s activities with IMG Academy such as, without limitation, any claim based on breach of contract, breach of duty, negligence, gross negligence, fraud, or misrepresentation (collectively the “Disputes”) will be resolved through binding, confidential arbitration conducted in or near Bradenton, Florida, in accordance with the then current Consumer Arbitration Rules of the American Arbitration Association (“AAA”). No claims may be brought in any forum on behalf of any putative class. The costs of any arbitration brought by IMG Academy to enforce any provision of this Agreement, including but not limited to attorneys’ fees, shall be reimbursed by the Participant and/or the Participant’s Parent(s)/Guardian(s) to the extent that IMG Academy is the prevailing party. Disputes in which more than $250,000 is at issue will be heard by a panel of three neutral arbitrators; others will be heard by a single neutral arbitrator. For purposes of confirming any award rendered pursuant to this arbitration agreement, Participant and Participant’s Parent(s)/Guardian(s) consent to the jurisdiction of the courts of Manatee County, Florida, and the United States District Court for the Middle District of Florida
INDEMNIFICATION: In further consideration for IMG permitting Participant access to its premises for the activity, Participant and his/her Parent/Guardian, on behalf of Participant hereby agree to defend and indemnify IMG, from any liability, claims, demands, lawsuits, or damages, including attorney fees, brought by any third party for personal injuries or property damage, arising out of, or in any way connected to the active or passive negligence, gross negligence, recklessness, intentional conduct and/or criminal conduct of Participant and/or his/her guests, relatives, or family members. This indemnification agreement is not limited to activities occurring on IMG premises, but encompasses all conduct by Participant and/or his/her guests, relatives, or family members for which a third party seeks to hold IMG liable, whether occurring on or off of an IMG property. This indemnification agreement shall not apply to any claims relating to IMG’s active or passive negligence.
ASSUMPTION OF RISKS: Physical activity, by its very nature, carries with it certain inherent dangers and risks that cannot be eliminated regardless of the care taken to prevent or minimize harm. IMG has facilities for various sport specific activities such as soccer, golf, tennis, baseball, lacrosse, football and basketball and related activities such as physical training, running, weight training, and swimming. Some of these activities involve endurance or strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change of direction, some involve contact with equipment, fixed objects (e.g. goal posts), other participants (including participants that are older or younger and who may be larger or smaller in terms of weight and height) and various surfaces types, and others involve sustained physical activity that places stress on the cardiovascular and nervous systems. The specific inherent risks vary from one activity to another, but in each activity there are inherent risks, dangers or conditions, both known and unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if IMG acts with due care in a reasonably prudent manner. Those inherent risks may include, without limitation, (1) minor injuries such as cuts, sunburns, insect bites, bruises, muscle strains and sprains; (2) major injuries such as broken or fractured bones, concussions, or lost teeth; or (3) catastrophic injuries, such as heart attacks or fractured skull or those that cause disfigurement, loss of mental capacity, loss of sight, speech or hearing, paralysis, or death. Participant may be exposed, or expose others, to contagious and potentially harmful or deadly disease such as influenza, common cold, chicken pox, meningitis, or measles. Participant may also be exposed to risks while traveling (e.g., in vans when traveling to and from competitions, events, or the airport), exposure to risks inherent in recreational athletic, or entertainment activities operated by third parties in which Participant elects to engage (e.g., theme parks, fun zones, movies, concerts, boat rides, etc.), and exposure to risks related to receipt of treatment for any physical or mental condition.
Participant and Parent/Guardian have read the previous paragraphs and (1) understand the nature of the activities at IMG, (2) understand the demands of those activities relative to the physical condition and skill level of Participant, and (3) appreciate the types of inherent injuries, illnesses and other related risks which may occur as a result of such activities and/or treatment for any physical or mental condition that Participant may participate in at IMG. Participant and Parent/Guardian hereby agree and acknowledge that participation in the activity at IMG and use of their facilities and services is voluntary and that Participant and Parent/Guardian knowingly assume all inherent risks in such activities. This provision shall be interpreted as broadly as permitted by F.S.A. 744.301 or other applicable Florida law.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF IMG USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM IMG IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PARTY OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND IMG HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
MEDIA RELEASE AND CONSENT: Participant and Parent/Guardian consent to all recording, photographing and filming of Participant (the “Recordings”) and each agree that IMG can use these Recordings at any time and in any manner without payment to, or additional consent of, Participant or Parent/Guardian and release IMG and its licensees from all claims related to use of the Recordings.
ACKNOWLEDGEMENT OF RULES AND STANDARDS OF CONDUCT: Participant and Parent/Guardian understand that IMG has rules and standards of conduct that are applicable to all participants. Participant and Parent/Guardian agrees to abide by these rules, standards, and policies for the safety of all participants, guests and employees. Any consequences that come as a result of violating the rules and standards are at the discretion of IMG Academy.
ACKNOWLEDGMENT OF UNDERSTANDING: Participant and his/her Parent/Guardian, on behalf of Participant personally, his/her Parent/Guardian personally, acknowledge that he/she/they received the opportunity to review this Agreement. Participant and his/her Parent/Guardian, on behalf of Participant personally, his/her Parent/Guardian personally, further acknowledge to have carefully read and fully understand the contents of this Agreement to Participate and Indemnification and have asked, or had the opportunity to ask, and received answers to all questions he/she/they may have and that Participant and his/her Parent/Guardian, on behalf of Participant personally, his/her Parent/Guardian personally, have duly executed this Agreement freely and voluntarily, intending and agreeing to be fully bound by the terms. If any portion is held invalid, the remaining portion of the Agreement to Participate and Indemnification will continue in full legal force and effect. Participant and Parent/Guardian have read this agreement to participate and indemnification and fully understand its terms. This provision shall be interpreted as broadly as permitted by F.S.A. 744.301 or other applicable Florida law.