Waiver
Participant Waiver
Terms and Conditions
Participant Waiver/Release Form
RISK FACTORS: The undersigned (“Participant”) understands and acknowledges that the use of equipment or facilities and the participation in events and services provided by Jax Social Sports, Jax Social Group, or Jax Social and others as well as its affiliates, involves risks such as, but not limited to, personally bodily injury, which might result from the use of equipment or facilities, from the activity itself, from the acts of others, or from the unavailability of emergency or emergency medical care.
NATURE OF THE ACTIVITIES. Jax Social offers participants the opportunity to participate in the volleyball league. Participants know that sports and other physical activities conducted by Jax Social are active and vigorous and consequently involve risks of injury that are inherent to the activity. It is impossible to eliminate all risk and possibility of injury for Participants.
ASSUMPTION OF RISK. THE PARTICIPANT ASSUMES ALL RISKS THAT ARISE OUT OF THE USE OF THE EQUIPMENT OR FACILITIES, THE ACTIVITY ITSELF, THE ACTS OF OTHERS, OR THE UNAVAILABILITY OF EMERGENCY CARE, including but not limited to, those RISK FACTORS described herein.
TYPES OF INJURIES. Participant acknowledge that various types of injuries can occur in connection with the activities provided by Jax Social. Such injuries include, but are not limited to, the following: Minor Injury, this type includes, but is not limited to, muscle strains, sprains, bruises, abrasions, and contusions; Serious Injury, examples of which include broken bones, ligament and joint damage, concussions, and eye injury; Catastrophic Injury, this type includes, but is not limited to, brain injury, paralysis, heart attack, and death. Even though the likelihood of the occurrence of a Catastrophic Injury is remote, Jax Social feels that Participants should be aware of all possibilities.
ACKNOWLEDGMENT OF POLICIES AND PROCEDURES. The Participant acknowledges reading and knowing all of the policies and procedures relating to the activities, facilities, and/or equipment and understands that the safe and proper use of the facilities, equipment, or participation in the activity is dependent upon carefully following such policies and procedures. I certify that I am at least 18 years of age and agree to comply with any and all rules, regulations, terms and conditions for participation in the activity.
COMMUNITY GUIDELINES. Jax Social is about connecting with friends, making new ones and playing more often! Jax Social is on a mission to make fun possible through social sports leagues and special events.. A Participant may be removed, at Jax Social's discretion, from a single event, for an entire season or for any amount of time we feel is appropriate. In the event a Participant is removed longer than a single event, the Participant must first obtain written permission from Jax Social prior to participating in, or attending, any future Jax Social event.
PREREQUISITE SKILLS AND TRAINING. The Participant acknowledges that they have the requisite skills, qualifications, physical abilities, and training necessary for proper and safe use of the equipment and facilities and to participate in the activity itself. The Participant agrees that if they have any questions as to what skills, qualifications or training is necessary to properly use the equipment, facility, or to participate in the activity itself, then they shall direct such questions to the appropriate staff member on site.
RELEASE. The Participant releases Jax Social, its organizations, the officers, employees and agents of each and agrees NOT TO SUE them on account of or in conjunction with any claims, causes of action, injuries, damage, cost of expenses arising out of the activity, including those based on death, bodily injury or property damage whether or not caused by the acts, omissions or other fault of the parties being released.
WAIVER. The Participant waives, today and for all future dates, the protection afforded by any statute or law in FL and whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know of or suspect at the time of executing the release. The Participant waives their right to a jury trial stemming from their participation in any Jax Social activity. This means, in part, that the Participant is releasing unknown future claims.
INDEMNIFY AND DEFEND. The Participant agrees to INDEMNIFY AND DEFEND Jax Social and its auxiliary organizations, the officers, employees and agents (hereinafter jointly referred to as "indemnitee") of each against, and hold them harmless from any or all claims, causes of action, damage judgments, costs or expenses, including attorney fees which in any way arise from the activity or this agreement which include but are not limited to damages to or destruction of any property of the indemnitee, of any others, injury or death of the Participant or anyone else or any liability arising from the act or negligent act of the indemnitee, the Participant or anyone else.
PAY. The Participant agrees to pay for any or all damages to any property or indemnitee caused by the Participant either negligently, willfully, or otherwise.
REPRESENTATIVES. The Participant enters into this Agreement for himself/herself, his/her heirs, assigns and legal representatives.
EMERGENCY TREATMENT CONSENT. The Participant, as a participant in the subject activity, hereby consents to medical treatment in a medical emergency where the Participant is unable to consent to such treatment.
INSURANCE. The Participant understands that Jax Social and its auxiliaries do not offer Participant insurance. The Participant is encouraged to have a physical examination and to purchase health insurance prior to any and all participation.
RELEASE FOR USE OF LIKENESS. Effective as of the date of player registration, approval for past use and permission for present and future use is being granted to Jax Social & Affiliates, to use a photo, video or other image of registering league or event participant. Permission is being given by the registering and Participant league participant as the photographed party. The Participant is an adult and fully authorized to sign this consent and release. The likeness of the photographed party may be used and/or published individually or in conjunction with other photography or video works and in any medium (including without limitation, print publications, online promotional materials) and for any lawful purpose including without limitation, trade, exhibition, illustration, promotion, publicity, advertising, and electronic publication.
TERM. This Waiver shall apply to the Participant for perpetuity, even in the event the Participant registers with Jax Social under a different name or participates in a future event without signing a waiver at the time of participation.
ACKNOWLEDGMENT. The Participant has read and understands this agreement and realizes it relates to surrendering valuable legal rights and does so freely and voluntarily. Participant intends for this Waiver to bring about a complete and unconditional release of all liability to the greatest extent allowable by law.
AGREEMENT OF THESE TERMS IS EQUIVALENT TO A DIGITAL SIGNATURE ON A CONTRACT.
SEVERABILITY. The Participant further expressly agrees that the foregoing Waiver and assumption of risks agreement is intended to be as broad and inclusive as permitted by the law of the jurisdiction in which the events occur and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
ADDITIONAL SPONSOR CONSENT: CONSENT AND RELEASE AGREEMENT
From time to time, Jax Social may work with corporate sponsors to provide Participants with new and exciting products and opportunities.
As the sponsoring organization, “Sponsor” would like permission to use footage and Materials (as defined below) reflecting your participation in the programs in connection with various activities that Sponsor is involved in, including, for example, (i) informational and marketing materials concerning Sponsor and/or the programs, (ii) other projects in which Sponsor is or may become involved, (iii) on Sponsor’s website, (iv) on Sponsor’s social media efforts, whether made directly or through third parties, and (v) in materials related to the programs that Sponsor may provide to you and to other program participants that may be shared by you and by such other participants on your and their respective social media platforms.
Any Jax Social event may be recorded for audio and/or videotaped and/or photographed. By signing below, you understand that you are agreeing to the following terms:
For good and valuable consideration, including but not limited to your participation in the program, the receipt and sufficiency of which you hereby acknowledge:
You grant to Jax Social and its Sponsor, and its authorized representative, the right to record, film, photograph, tape and otherwise capture and reproduce, in any manner now known or hereinafter developed, your participation in the Jax Social sponsored programs, along with the content contained therein, and further specifically grant Sponsor and/or, and its representatives, licensees and assigns, the right to use the Material (as defined below) alone and/or synthesized with information and excerpts from other sources, in connection with the Projects and/or otherwise as Sponsor and/or Jax Social sees fit, including but not limited to advertisements and other commercial ventures. For purposes of this Consent and Release, Material shall mean the images for Jax Social programs, program content, your voice and likeness as contained in the programs, and all biographical material provided by you or on your behalf, along with all images, names, likenesses and/or sound as captured on film, in photographs, on tape or otherwise in connection with your participation in Jax Socialprograms.
You agree that Sponsor and/or Jax Social shall (i) own all right, title and interest in the Material, (and to the extent you have any rights in any Material, then for good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge, you hereby assign all of your rights in such Material to Sponsor and/or Jax Social, (ii) have the right to use the Material, in whole or in part, in any manner or media (whether now existing or created in the future), in perpetuity, in all languages, throughout the universe, as Sponsor and/or Jax Social deem appropriate, and (iii) have the right to freely assign and/or license the Material.
You agree Sponsor and/or Jax Social is under no obligation to use or exhibit the Material in any manner. To the extent permitted by law, you waive (i) the right to inspect or approve of any use of the Material, along with any rights, which are the equivalent to moral rights that you may have in the Material, (ii) any rights to injunctive relief you may have in connection with this Consent and Release and/or the Material, and (iii) the right to revoke this Release.
You agree that (i) no sum shall be due to you for execution of this Consent and Release, and (ii) Sponsor and/or Jax Social shall not be obligated to pay you or any third party any sum whatsoever, in connection with any use of the Material.
To the fullest extent permitted by law, you agree not to sue, and irrevocably and unconditionally release, waive and forever discharge Sponsor and/or Jax Social and each of their respective licensees, related companies, subsidiaries, divisions, and their past, present and future officers, agents, representatives, employees, successors and assigns, jointly and individually (collectively, "Releasees"), from any and all manner of liabilities, claims and demands of any kind or nature whatsoever (including but not limited to defamation and rights of publicity and privacy, and for damages for personal or bodily injury, disability, death, loss or damage to person or property), in law or equity, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden, that you ever had, now have, or in the future may have against the Releasees that arise out of or relate to (i) the events and/or programs, (ii) the Materials and/or the production, reproduction, exhibition, broadcast, distribution, advertising, promotion or other exploitation of the Materials (iii) the exercise of any rights granted hereunder. You further agree that in the event you breach this Agreement and/or bring a claim or lawsuit in violation of this Agreement, you shall be liable for any outside attorneys' fees and costs incurred by any Releasee in connection with such breach, claim or lawsuit.
You acknowledge and agree that the rights granted hereunder are unique, unusual, special and extraordinary, the loss of which would not be adequately compensable in damages in an action at law, and that, in addition to any rights or remedies which Sponsor and/or Jax Social may have under this Consent and Release or otherwise, Sponsor and/or Jax Socialtherefore would be entitled to all available equitable remedies in case of breach or threatened breach of this Consent and Release by you without the posting of any bond, to the greatest extent permitted by law.
You hereby acknowledge and agree that your relationship with Sponsor and/or Jax Social under this Consent and Release is that of an independent contractor and not as an employee or agent of Sponsor and/or Jax Socialand that your participation in any event will not be covered by worker’s compensation insurance and Sponsor and/or Jax Social is not obligated to provide worker’s compensation insurance.
You hereby acknowledge and agree that Sponsor and/or Jax Social's reputation and good will in the public is essential to its success. Therefore, you will not directly or indirectly do anything that disparages, defames, slanders or libels Sponsor and/or Jax Social, or any of its officers, owners, managers, affiliates, and/or representatives that is related in any way to the programs and/or events conducted by Jax Social.
This Consent and Release shall be governed by the laws of Florida and shall be binding on your legal representatives, heirs, and assigns and upon Sponsor and/or Jax Social its successors, licensees and assigns.
You represent and warrant that (i) you are over the age of majority and have the right, power, and authority to grant the rights set forth in this Consent and Release, you understand the contents of this Consent and Release and intend to be legally bound hereby; (ii) if the participant is a minor, then the person signing this Agreement on behalf of the minor hereby represents and warrants that he/she is a legally competent adult and the parent or legally appointed guardian of the minor, and that he/she has every right to contract for the minor in the above regard.
You acknowledge and agree that you have read this Consent and Release Agreement, fully understand and agree to its terms, and understand that you are giving up substantial rights by signing it. You further acknowledge and agree that you are signing this Consent and Release Agreement freely and voluntarily, without any inducement, coercion, assurances, guarantees or warranties, expressed or implied, being made to you, and intend your signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Enter your first and last initials to indicate you have read and agree to the above terms: