Waiver of Liability, Release

Assumption of Risk & Indemnity Agreement

 

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  Warwick Senior Hockey Club, Inc.,  its  affiliate associations, local associations, member teams, event hosts, other participants, coaches, officials, sponsors, advertisers, and each of them, their officers, directors, agents and employees.

For and in consideration of the undersigned participants registration with Warwick Senior Hockey Club, Inc., its affiliates, local associations and member teams (all referred  to together  as WSHC) and being  allowed  to participate  in WSHC events and member team 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 for personal injury, property damage or wrongful death occurring to participant, arising out of participation in WSHC events, member  team  activities, 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 participants 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 participants heirs, executors, administrators and assigns.

Participant (and participants parent(s)/guardian(s), if applicable) acknowledge, understand and assume all risks relating to ice hockey and any member team activities, and understand that ice hockey and member team activities involve risks to participants 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 of the participant or the negligence 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 member 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 participants 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 agree to abide by and be bound under the rules of Warwick Senior Hockey Club, Inc., including  the By-Laws of the corporation and the arbitration clause provisions, as currently published. Copies are available to Warwick Senior Hockey Club, Inc. members  upon written  request.

Participant  (and participants 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) arising from the performance, or failure to perform, maintenance, inspection, supervision or control of said areas and for the failure to warn of dangerous conditions existing at said rinks, for negligent selection of certain releasees, or negligent supervision or instruction by releasees.

As further consideration for registration and participation in WSHC events and member team activities, participant (and the parent(s) or legal guardian(s) of participant, if applicable),  hereby  (1) consents  and agrees that  WSHC, its licensees and designees may make video and/or audio recordings of and/or otherwise film, photograph or memorialize some or all of participants participation in such events and activities, and (2) grants to  WSHC, its  licensees, designees, successors and  assigns, a  worldwide,  perpetual, irrevocable, fully-paid,  royalty-free,  transferable  and sublicenseable right and license to use, copy and disseminate participants 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.

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  (and participants parent(s)/guardian(s), if applicable) agree if any claim for participants 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 participants personal injuries, property damage or wrongful death.

Participant  (and participants  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. Significant exclusions may apply to Warwick Senior Hockey Club, Inc.s insurance policies, which could affect any coverage. For example, there is no liability coverage for claims of one player against another player. If you have any questions,  contact  Warwick Senior Hockey Club, Inc.