It is the purpose of this agreement to exempt, waiver and relieve Releasees from all forms of liability as a result of participation in events sponsored by releases for any and all reasons including without limitation for personal injury, property damage, and wrongful death, including without limitation if caused by negligence, including the negligence, if any, of Releasees. “Releasees” include MyEdgeHockey doing business as Elite Hockey Player, and any of their respective affiliates (all referred to together as “Elite Hockey Player”), officers, directors, managers, members, agents and employees. The team, participant (and participant’s parent(s)/guardian(s also certify and warrant to Elite Hockey Player that the team manager or custodian of team records has, on file, written waivers from liability for each team player identified on the team roster and each player participating in this tournament. The team, parent(s), participant(s) and/or guardian(s) understand that Elite Hockey Player shall rely upon the statements in this form in agreeing to accept the participant’s and/or team’s participation in this tournament.
For and in consideration of the undersigned participant’s registration with Elite Hockey Player, and being allowed to participate in Elite Hockey Player events and related activities, participant (and the parent(s) or legal guardian(s) of participant, if applicable) waive, release and relinquish any and all claims for liability and cause(s) of action, including, but not limited to, for personal injury, property damage or wrongful death occurring to participant, arising out of participation in Elite Hockey Player events, the sport of ice hockey, 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 (and participant’s parent(s) or legal guardian(s), if applicable) may have are hereby waived, released and relinquished, and participant (and parent(s)/guardian(s), if applicable) does(do) so on behalf of my/our and participant’s heirs, executors, administrators and assigns.
Participant (and participant’s parent(s)/guardian(s), if applicable) acknowledge, understand and assume all risks relating to ice hockey and any team activities, and understand that ice hockey and team activities involve risks to participant’s person including bodily injury, partial or total disability, paralysis and death, and damages which may arise therefrom and that I/we have full knowledge of said risks. These risks and dangers may be caused by the negligence and/or willful misconduct of the participant or the negligence and/or willful misconduct of others, including the “Releasees” identified above. These risks and dangers include, but are not limited to, those arising from participating with bigger, faster and stronger participants, and these risks and dangers will increase if participant participates in ice hockey and team activities in an age group above that which participant would normally participate in. I/We further acknowledge that there may be risks and dangers not known to us or not reasonably foreseeable at this time. Participant (and participant’s parent(s)/guardian(s), if applicable) acknowledge, understand and agree that all of the risks and dangers described throughout this agreement, including those caused by the negligence of participant and/or others, are included within the waiver, release and relinquishment described in the preceding paragraph. I/We acknowledge that all players are required to have and do have his/her own medical insurance coverage. I/We further agree and acknowledge that complete hockey equipment, including mandatory equipment required by the team’s home and league’s governing body is required to be worn during this tournament and it is understood by the team that any player who does not possess the required equipment will be prevented by the team from participating in any game.
Participant (and participant’s parent(s)/guardian(s), if applicable) acknowledge, understand and assume the risks, if any, arising from the conditions and use of ice hockey rinks and related premises and acknowledge and understand that included within the scope of this waiver and release is any cause of action (including any cause of action based on negligence and or willful misconduct) arising from the performance, or failure to perform, maintenance, inspection, supervision or control of said areas and /or events and for the failure to warn of dangerous conditions existing at said rinks and/or events, for negligent selection of certain Releasees, or negligent supervision or instruction by Releasees. As further consideration for registration and participation in Elite Hockey Player events and member team activities, participant (and the parent(s) or legal guardian(s) of participant, if applicable), hereby (1) consents and agrees that Elite Hockey Player,its licensees and designees and affiliates may make videoand/or audio recordings of and/or otherwise film, photograph or memorialize some or all of participant’s participation in such events and activities, and (2) grants to Elite Hockey Player, its licensees, designees and affiliates, successors and assigns, a worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable and sublicenseable right and license to use, copy and disseminate participant’s image and personal attributes, and to modify and present same in any form, manner and media, now known or hereafter devised, for any purpose whatsoever.
This Agreement shall be governed by and construed in accordance with the domestic substantive laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule that would cause the application of the domestic substantive laws of any other jurisdiction. If applicable law 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.
Participant (and participant’s parent(s)/guardian(s), if applicable), agree if any claim for participant’s personal injury or wrongful death is commenced against Releasees, he/she 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 and participant’s parent(s)/guardian(s), if applicable), acknowledge 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 ice hockey and understand these waivers and releases are necessary to allow amateur ice hockey to exist in its present form.
Participant (and participant’s parent(s)/guardian(s) hereto hereby agrees to waive its respective rights to a jury trial of any claim or cause of action based upon or arising hereunder or under any of the other dealings between them relating to the subject matter of this agreement. Each party hereto acknowledges that (i) this waiver is a material inducement to enter into a relationship, (ii) each has already relied on this waiver in entering into this agreement, (iii) each will continue to rely on this waiver in its related future dealings, and (iv) this waiver shall apply to any subsequent amendments, renewals, supplements or modifications hereto.
Any dispute under this Agreement shall be resolved by arbitration conducted in Minneapolis, MN., in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “Rules”), which rules are incorporated by reference into this clause. A single arbitrator shall be chosen by mutual agreement of the parties. If the parties cannot agree on a single arbitrator, then the arbitration shall be conducted by 3 arbitrators whereby each party shall choose 1 arbitrator and those 2 arbitrators shall select a third arbitrator. The arbitration shall be conducted in a single hearing, and the arbitrator(s) shall render his/her/their decision within a reasonable time after the conclusion of the hearing. With regard to any arbitration or other proceeding filed or brought by any of the parties against another party, the Prevailing Party (defined below) shall be entitled to recover all of its reasonable costs and expenses incurred in connection with such dispute, including expenses, court costs, witness fees and legal and accounting fees. The term “Prevailing Party” means that party whose position is substantially upheld in a final judgment rendered in such proceeding. The decision of the arbitrator(s) shall be final and nonappealable. Judgment upon any decision rendered by the arbitrators may be entered by any court having jurisdiction.
This agreement affects your legal rights, and you may wish to consult an attorney concerning this agreement. Participant (and participant’s parent(s)/guardian(s) hereto further warrant and represent that it has reviewed or had the opportunity to review this agreement with its legal counsel and that it knowingly and voluntarily enters into this agreement and waives any rights covered hereunder.
This Waiver may be executed by signatures transmitted via facsimile or electronic transmission, such as a “pdf” document transmitted through electronic mail, by form completion, which shall have the same force and effect as an original signature. If you have any questions, contact Elite Hockey Player.