Waiver

Terms & Conditions

SOUTHERN UTAH SPORTS ACADEMY
RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS &
INDEMNIFICATION AGREEMENT

Notice – By signing this document you may be waiving certain legal rights, including the right to sue.
Release and Waiver of Claims; Assumption of Risk; Indemnification Agreement
In consideration of being allowed to use the facilities and participate in activities, including basketball, soccer, futsal, pickle-ball, and volleyball (hereinafter collectively referred to as the “Activities”), as provided at the Southern Utah Sports Academy (hereinafter referred to as the “Host”), the undersigned “Participant”, or the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:
1. TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participant’s participation in the Activities or the use of any equipment provided by the Host (hereinafter the “Equipment”), including, among other things, all Equipment used while receiving instruction and/or training;
2. TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and/or officers. The Participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen, which include serious physical injury and/or death;
3. TO RELEASE the Host, its owners, affiliates, operators, employees, agents, and officers from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any act or act or conduct, including negligent acts or conduct, of the Host, its owners, affiliates, operators, employees, agents, and/ or officers, to the fullest extent permitted by the laws of the State of Utah. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and
4. TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, and/or officers, from any and all liability resulting from any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of the Participant’s participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.
Photography/Video Release
Participant hereby grants to the Host, its owners, operators, representatives employees, agents, officers, and sponsors, the perpetual, worldwide right to photograph and record (video) the Participant in connection with Participant’s participation in the Activities. Participant hereby authorizes the Host to copyright, use, and/or publish the same print publish the same in print and/or electronically. Participant hereby agrees that the Host may use such photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and web content. The Participant, or Participant’s parent(s)/legal guardian(s), as applicable, release the Host, its owners, operators, representatives employees, agents, officers, and sponsors from and against any claim for invasion of rights of privacy, publicity, privacy, or other claims or causes of action arising out of the Host’s use of the foregoing license.

Personal Responsibility
The Participant and his/her parent(s) or legal guardian(s) certify that Participant has no physical
or mental condition that precludes him/her from participating in the Activities, and that he/she is not participating in the Activities against medical advice.

The Participant and his/her parent(s) or legal guardian(s) understand that Participant’s
participation in the Activities is voluntary, and further understand and acknowledge that they have been provided an opportunity to inspect the Host’s Equipment and facilities before any participation.

The Participant and his/her parent(s) or legal guardian(s) understand that Participant is obligated
to follow the rules of the Activities, and that he/she can minimize his/her risk of injury by doing so, and through the exercise of common sense and by being aware of his/her surroundings while participating in the Activities.

If, while participating in the Activities, the Participant or his/her parent(s) or legal guardian(s)
observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or his/her parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host.

PLEASE NOTE that Southern Utah Sports Academy reserves the right to:
• Refuse service to anyone.
• Remove from the premises anyone using vulgar or offensive language or gestures or conducting themselves in any inappropriate manner, including unsportsmanlike conduct.
• Change dates or times associated with the Activities, as necessary.
• Approve and/or require a change to any team name deemed inappropriate, vulgar, crude or otherwise offensive.
• Combine leagues as necessary.
• Consider Participant, team, and individual requests as much as possible but cannot guarantee fulfillment of requests.
• Any team forfeiting will be required to pay the referee fees for both teams for the forfeited game.
• Assess a penalty and interest, as allowed by Utah law, on all unpaid charges, costs and/or fees owed, if not paid in a timely manner.
• Refuse to refund or transfer any and all deposits made by or owed by a Participant or the Participant’s parent(s) or legal guardian(s), coach, etc.
To the extent that any portion of this agreement is deemed to be invalid under the laws of the State of Utah, the remaining portions of the Agreement shall remain binding and available for use by the Host and its legal counsel in any proceeding.

I Have Read And Understand This Agreement. By Signing Below, I Am Aware That I Will Be Giving Up Substantial Rights And May Be Waiving Certain Legal Rights, Including The Right To Sue.