ALL PLAYERS AND/OR LEGAL GUARDIANS MUST AGREE AND ACCEPT ALL OF THE TERMS BELOW IN ORDER TO PARTICIPATE IN ANY EVENTS, TRAINING, CLINICS, AND TOURNAMENTS RUN BY OHIO VALLEY BEACH VOLLEYBALL.
WAIVER
WAIVER AND RELEASE, EXPRESS ASSUMPTION OF RISK, INDEMNITY AND HOLD HARMLESS AGREEMENT, AND GRANT OF RIGHTS
In full and complete consideration of my ability to participate in any present or future volleyball events, competitions, and activities that are operated, organized, sanctioned by, or associated with Ohio Beach Volleyball (“ORGANIZER”) and any affiliated training, learning, practicing, competing, spectating, and other associated activities (collectively the “EVENTS”) and/or in consideration of my being able to enter into or upon the premises and facilities and locations where said EVENTS are or will be taking place, I, for myself, and on behalf of my personal representatives, heirs, and next of kin (collectively “RELEASING PARTY”) hereby acknowledge and agree as follows:
WAIVER AND RELEASE AND MEDICAL CONSENT
RELEASING PARTY hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE ORGANIZER, any sponsors, advertisers, and organizers of the EVENTS, any other participants in the EVENTS, premises and facilities owners or lessors including Liberty Collective and each of their affiliated owners, parents, subsidiaries, licensees, shareholders, officers, directors, managing agents, employees, independent contractors, members, agents, attorneys, investors, affiliated organizations and entities, or any other persons assisting or participating in their activities, including the EVENTS (collectively the “RELEASEES”) FROM ALL LIABILITY OF WHATEVER KIND OR NATURE, IN LAW, EQUITY OR OTHERWISE, WHETHER NOW KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FOR ANY AND ALL PRESENT OR FUTURE LOSS OR DAMAGE, AND ANY CLAIMS, LIENS, DEMANDS, CAUSES OF ACTION, debts, liabilities, expenses including court costs and attorneys fees, SUITS OR JUDGMENTS THEREFROM (collectively the “LIABILITY”) ON ACCOUNT OF ANY PERSONAL INJURY, PERMANENT DISABILITY, INJURY TO PERSONAL PROPERTY, OR RESULTING IN DEATH ARISING OUT OF OR RELATED TO THE EVENTS or RELEASING PARTY’s presence in or upon the premises and facilities and locations where the EVENTS are or will be taking place. This waiver and release include, without limitation, premises liability and LIABILITY from any cause whatsoever, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES. Such LIABILITY encompasses, but is not limited to, participation as an active participant or as a spectator, NEGLIGENT RESCUE EFFORTS, and NEGLIGENT enforcement of (or the failure to enact or enforce) rules and regulations. It also encompasses LIABILITY concerning the NEGLIGENT selection, use, or maintenance of any equipment or facility related to the EVENTS.
RELEASING PARTY also specifically AUTHORIZES AND CONSENTS TO RELEASEES providing and/or arranging for MEDICAL CARE OR TREATMENT OR EMERGENCY MEDICAL SERVICES OR RESCUE EFFORTS in the event of an emergency or in the event of an injury or medical condition that develops or occurs during participation in the EVENTS or during the RELEASING PARTY’s presence in or upon the premises and facilities and locations where the EVENTS are or will be taking place. RELEASING PARTY expressly waives and releases and agrees to hold RELEASEES harmless from and against any and all LIABILITY arising therefrom.
EXPRESS ASSUMPTION OF THE RISK
RELEASING PARTY hereby acknowledges and understands that RELEASING PARTY’s participation in the EVENTS, including without limitation playing volleyball and engaging in physical exercise and activity, may be VERY DANGEROUS and could result in personal injury, death, and/or property damage. It is recommended to consult with a physician before playing beach volleyball or participating in any vendor/contractor services performed at EVENTS. This agreement also constitutes an express and contractual ASSUMPTION OF ALL RISKS AND DANGERS associated with and inherent in the EVENTS, which include, but are not limited to, the risk of being struck by objects or equipment and/or making contact with or colliding with other participants, spectators, and natural or manmade objects, auto accidents in the parking lot, serious injuries (scrapped knees/toes/elbows); dislocation; sprains and strains; dehydration; heat stroke; sunburn; bee stings; ant bites; spider bites; scorpion stings; auto or personal theft; vandalism or damage to your personal property; physical and/or emotional injury caused by reckless or non-intentional actions by another player or spectator; and personal health conditions caused by: dust, sand, irrigation, drinking fountain, shower, bathroom or pest control. The EVENTS will include participants of all skill levels, including both experienced and amateur persons, and RELEASING PARTY expressly assumes the risks associated with mixed and varying skill levels. RELEASING PARTY further acknowledges and understands that there may be undefined and presently unknown risks and dangers associated with the EVENTS and that there may be risks and dangers that may result from the NEGLIGENCE of the RELEASEES, including, without limitation, in providing instruction or guidance, and in the operation or design or maintenance of the premises and facilities and locations where the EVENTS are or will be taking place. Risks and danger may also result, without limitation, in the selection, use, or maintenance of any equipment or facility, or service related to the EVENTS. RELEASING PARTY hereby expressly assumes all such risks and dangers whether presently known or unknown.
INDEMNITY AND HOLD HARMLESS
RELEASING PARTY hereby agrees to DEFEND, INDEMNIFY, SAVE AND HOLD HARMLESS the RELEASEES from any LIABILITY, including from court costs and attorneys fees, arising out of or related to this agreement or RELEASING PARTY’s participation in any way in the EVENTS and/or RELEASING PARTY’s presence in or upon the premises and facilities where the EVENTS are or will be taking place. RELEASING PARTY also hereby agrees to DEFEND, INDEMNIFY, SAVE AND HOLD HARMLESS the RELEASEES from any LIABILITY, including from court costs and attorneys fees, caused by or arising out of any statement, action, or failure to act by me during or in connection with RELEASING PARTY’s participation in the EVENTS, and/or arising out or RELEASING PARTY’s tortious or criminal conduct.
GRANT OF RIGHTS
RELEASING PARTY grants to ORGANIZER, and its successors, licensees and assigns, the irrevocable right (but not the obligation) to live stream, film, tape, and/or photograph, record, exhibit, edit, and otherwise use my or my child(s) name, likeness, voice, conversation, sounds and biographical data on or in connection with the EVENTS in any manner in its sole election and sole discretion. ORGANIZER may use such materials to promote future events. ORGANIZER, and its successors, licensees, and assigns, shall be the owner of all rights to said materials and may use or license the results and proceeds of such materials in all media throughout the world in perpetuity as part of any programming and in the advertising and promotion thereof without limitation or liability. ORGANIZER may display the name of RELEASING PARTY on the organizer’s website.
MISCELLANEOUS
RELEASING PARTY agrees and understands that this agreement shall be deemed entered into in Maricopa County, Arizona and that it shall be governed by and interpreted under the laws of Arizona.
RELEASING PARTY represents and warrants that he/she is at least eighteen (18) years of age and has the full, complete, and unrestricted right, power, and authority to enter into this agreement, to waive and release all matters stated therein, expressly assume all risks and dangers associated with the EVENTS, agree to indemnify the RELEASEES as stated herein, and the grants the rights set forth herein.
PARENT / GUARDIAN WAIVER FOR MINORS (Under 18 years old) The undersigned parent and/or natural guardian does hereby represent that he/she is, in fact, acting in such capacity and agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.
RELEASING PARTY HAS READ THIS AGREEMENT, FULLY UNDERSTANDS ITS TERMS, AND UNDERSTANDS THAT THIS IS AN IMPORTANT LEGAL DOCUMENT. RELEASING PARTY FURTHER UNDERSTANDS THAT BY SIGNING THE AGREEMENT HE/SHE IS GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHTS OF HIS/HER FAMILY. RELEASING PARTY SIGNS THIS DOCUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO HIM/HER, AND RELEASING PARTY INTENDS HIS/HER SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. RELEASING PARTY further agrees that no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made to him. RELEASING PARTY was given ample opportunity to read the agreement and/or have it reviewed by legal counsel of his/her choice. RELEASING PARTY was also offered a copy of this agreement.
PLAYERS AND/OR LEGAL GUARDIANS MUST AGREE AND ACCEPT ALL OF THE ABOVE IN ORDER TO PARTICIPATE IN ANY EVENTS, TRAINING, CLINICS, AND TOURNAMENTS RUN BY THE OHIO VALLEY BEACH VOLLEYBALL.
CODE OF CONDUCT
All attendees, including players and spectators, agree to follow these rules at all events at Liberty Collective and all locations where Ohio Beach Volleyball provides events.
We sincerely respect everyone’s passion for competing and have been honored to host sandtastic events. In our competitive strivings, it is common, at some point or another, to let our pride or competitiveness get the best of us and push past the boundaries of what is best for the athletes. Some situations, although subtle, could create an environment that leads to pettiness that takes away from the true spirit of competition. Thus, we have created rules that are not meant to turn into a frivolous reporting fest but rather a code of conduct so everyone can compete in the safest and healthiest environment possible. When you hear the word suspension, please know that this decision is not taken lightly, and that our goal is to provide solutions to continue offering fantastic events.
DISPARAGEMENT
Disrespectful behavior will not be tolerated.
Anyone who reports, via written email to the support@ohiovalleybeachvolleyball.com, a player or spectator expressing derogatory or inappropriate remarks will be taken seriously and may result in a suspension from events. This includes disparaging gossip and spreading rumors. The alleged person will have up to 48 hours to respond (via written email to support@ohiovalleybeachvolleyball.com), and a final decision will be made within 48 hours after the response.
PHYSICAL HARM
Threats and bullying will not be tolerated.
Anyone who reports, via written email to support@ohiovalleybeachvolleyball.com, that another person has made a violent threat or is subject to physical harm on or off the Mesquite Beach facility will result in immediate suspension indefinitely. We cannot control bullying outside of the Mesquite Beach facility, but any bullying will result in suspension. The alleged person will have up to 48 hours to respond via written email to support@ohiovalleybeachvolleyball.com, and a final decision will be made within 48 hours after the response.
SEXUAL HARASSMENT
Anyone who reports, via written email to support@ohiovalleybeachvolleyball.com, behavior characterized by the making of unwelcome and inappropriate sexual remarks or physical advances will result in immediate action. The alleged person will have up to 48 hours to respond via written email to support@ohiovalleybeachvolleyball.com, and a final decision will be made within 48 hours after the response.
Players may call 800.656.HOPE (4673) for emotional support.