I ACKNOWLEDGE THAT BY COMPLETING THIS REGISTRATION, I AM AGREEING TO RELEASE THE RELEASED PARTIES FROM LIABILITY ON BEHALF OF MYSELF AND THE ORGANIZATION AND/OR CLUB IN WHICH I AM REGISTERING. I HAVE THEREFORE BEEN ADVISED TO READ THIS DOCUMENT CAREFULLY BEFORE SIGNING IT AND SHART THIS DOCUMENT WITH THE MEMBERS OF THE ORGANIZATION AND/OR CLUB IN WHICH I AM REGISTERING FOR PARTICIPATION IN THE HONOR CUP. Copy of this document is found at the following website address: www.honorcup.org/releaseofliability.htm.
This Participation Agreement and Waiver and Release of Liability is entered into by the individual completing a participation registration either for an organization and/or club or for self, “Participant,” in favor of the Honor Cup Rugby Tournament, Old Breed Rugby Club, USA Rugby, and any of the Honor Cup and Old Breed Rugby Club affiliates, partners, sponsors, vendors, directors, officers, employees, volunteers, members, agents, contractors, contracted entities and facilities and the owners and lessors thereof, (hereinafter referred to as “Honor Cup” and “Old Breed”, or collectively as the “Released Parties”).
I understand that participation in the Honor Cup is a privilege but not a right. In consideration for privilege of participation in Honor Cup activities, I acknowledge on behalf of myself and the organization and/or club I am registering agree as follows:
1. Participation in the activities of the Honor Cup, including but not limited to warm-up, training, practice, games, clinics, travel, and social events (referred to herein as the “Activities”), includes participation in a full-contact sport, requires good health and fitness and can be HAZARDOUS AND PRESENT A DANGER TO ME. I believe that all members of the organization and/or club I am registering to participate in the Honor Cup are qualified to participate in the Activities, and if at any time I believe the conditions to be unsafe, I will immediately discontinue further participation in the Activities.
2. Participation in Activities exposes all participating members of the organization and/or club I am registering to RISKS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH. Risks may arise out of contact and/or participation with other participants, spectators, equipment, field, facility and/or fixed objects; falls, collisions, rough play, and other mishaps; exposure to adverse weather conditions and/or high altitude; flaws and defects in equipment and facilities; irregular field conditions; and negligent field maintenance, negligent officiating, negligent coaching and negligent participation. Risks may be caused by my own actions, or inaction, the actions or inaction of other participants, the condition of the facilities in which the Activities take place, and/or THE NEGLIGENCE OF THE “RELEASED PARTIES.” There may be other risks and social and economic losses either not known to me or not readily foreseeable at this time.
3. Assumption of the Risks. I CONSENT TO PARTICIPATION IN THE ACTIVITIES AND FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred as a result of such participation.
4. Waiver and Release of Liability. In consideration for the privilege of my participation in the Activities, I hereby RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS RELEASED PARTIES from any and all liability, demands, losses, medical expenses, lost opportunities, damages or attorney’s fees and costs stemming from any or all claims for negligence, expressed or implied warranty, contribution, and indemnity, and/or claims of negligent rescue operations, first aid, and emergency care, to the broadest extent permitted by applicable law, including C.R.S. § 13–22-107 if I am a Minor, suffered by me and incurred on my account with respect to my personal injury and other injury or harm, disability, and/or death, or property damage, arising directly or indirectly from my participation in Activities, as caused or alleged to be caused in whole or in part by the Released Parties or any of them, and further agree that if, despite this Release, I or any other person makes a claim on my behalf against any of the Released Parties, unless, and to the extent, prohibited by law, I AND MY PARENT/GUARDIAN, IF APPLICABLE, WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY LIABILITY, LITIGATION EXPENSES, ATTORNEY FEES, LOSSES, DAMAGES OR COSTS ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM, WHETHER ASSERTED BY ME, MY PARENT/GUARDIAN, IF APPLICABLE, OR ANOTHER PERSON.
5. Governing Law, Venue and Jurisdiction: I understand and agree that this document is intended to be as broad and inclusive as permitted under applicable law and shall be governed by Illinois. In the event of dispute, the exclusive venue and jurisdiction for any lawsuit arising out of such dispute shall be the state court of DuPage or Kane County, or the federal courts located in St. Charles, IL.
6. Severability: If any provision of this document is determined to be invalid for any reason, such invalidity shall not affect the validity of any of the other provisions, which other provisions shall remain in full force and effect as if this document had been executed with the invalid provision eliminated.
I HEREBY CERTIFY THAT I HAVE COMPLETELY READ AND UNDERSTAND THIS AGREEMENT AND ITS TERMS. PRIOR TO SIGNING THIS AGREEMENT, I HAVE HAD THE OPPORTUNITY TO ASK ANY QUESTIONS ABOUT THIS AGREEMENT, HAVE SHARED THIS WAIVER WITH ALL PARTICIPATING MEMBERS OF THE ORGANIZATION AND/OR CLUB I AM REGISTERING, AND ALL THESE PARTICIPATING MEMBERS HAVE COMPLETELY READ AND UNDERSTOOD THIS AGREEMENT AND ITS TERMS. I AM AWARE, BY SIGNING THIS AGREEMENT, THAT I ASSUME ALL RISKS AND WAIVE AND RELEASE CERTAIN RIGHTS THAT I AND EACH OF MY HEIRS, NEXT OF KIN, FAMILY, RELATIVES, GUARDIANS, CONSERVATORS, EXECUTORS, ADMINISTRATORS, TRUSTEES AND ASSIGNS MAY HAVE AGAINST RELEASED PARTIES. THIS RELEASE SHALL BE EFFECTIVE AND BINDING UPON ME. I FURTHER REPRESENT THAT I AM AT LEAST 18 YEARS OF AGE AND AM THE RESPONSIBLE PARTY FOR THE OPERATIONS OF MY ORGANIZATION AND/OR CLUB THAT IS AGREEING TO THIS RELEASE OF LIABILITY.
USA RUGBY RULES ACKNOWLEDGEMENT
1. I understand and agree to abide by all International Rugby Board, USA Rugby, territorial and local area union rules and regulations, including the arbitration procedures therein, for any dispute regarding my eligibility or right to participate in, USA Rugby-sponsored and USA Rugby-sanctioned activities and events, as set forth in the Bylaws of USA Rugby, as they are amended on a periodic basis, which I understand are available on the USA Rugby website (www.usarugby.org).
2. I affirm that I am not suspended or banned from play or participation by any club, local area union, territorial union, or national union, and I authorize USA Rugby to verify my citizenship status with the appropriate governmental agencies.
3. I am aware that the Honor Cup, Old Breed and USA Rugby have the right to revoke my membership registration and therefore my eligibility to play or coach, in the event of any violation of the aforementioned statement.
I HAVE READ THIS ACKNOWLEDGMENT AND FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. IN CONSIDERATION FOR THE PRIVILEGE OF PARTICIPATION IN USA RUGBY ACTIVITIES, I FURTHER REPRESENT THAT I AM ATLEAST 18 YEARS OF AGE.