Waiver and Release of Liability
ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY,
INDEMNIFICATION AGREEMENT, NON-DISPARAGEMENT, AND COVENANT NOT TO SUE
MAIN RELEASE FOR HUSEL, INC. and HUSEL Youth Hockey
In consideration of participating in any training, events and activities (“Training”) associated with HUSEL, Inc. and HUSEL Youth Hockey (“HUSEL”), I, the undersigned, acknowledge and agree that:
- The risk of injury or harm from Training is significant, including the potential for permanent paralysis and death, and while particular training, skills, equipment, and personal discipline may reduce this risk, the risk of serious injury or harm does exist.
- I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM NEGLIGENCE OF THE RELEASEES (as defined below) or others, and assume full responsibility for participation in Training.
- Despite such risks, I willingly agree to participate in Training and comply with the terms and conditions for participation in the Training, which I acknowledge receiving and understand completely. For individual training, I am required to be present for the entire duration of the Training. For the avoidance of doubt, a parent or legally appointed guardian is required to be physically present at all times during individual Training with minor Participant(s). If I observe any unusual significant hazard during my presence or participation, I will remove participation and will notify HUSEL immediately.
- I certify that I am physically and mentally fit to participate in Training and have not been advised by a qualified medical professional not to participate in any Training such as those offered at HUSEL. I certify that there are no health‐related reasons or problems which preclude participation in Training and have disclosed to HUSEL any underlying medical conditions.
- I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during my participation in Training. I agree that I will not hold the Releasees responsible for any claims resulting from any medical treatment I receive. I certify that I currently have medical/health insurance to cover any injuries that I may sustain during my participation in Training. I agree and covenant that I and my minor child ("Participant") will not at any time make, publish, or communicate to any person or entity whether in public or private, including without limitation, in any and all interviews, oral statements, wri any defamatory or disparaging remarks, comments, or statements concerning HUSEL or its businesses, or any of its employees, officers, and existing and prospective customers, suppliers, investors and other associated third parties.
- I RELEASE, WAIVE, AND DISCHARGE ANY AND ALL CLAIMS that I or my heirs, assigns, personal representatives, and next of kin, may have now or in the future against HUSEL, and its officers, directors, employees, contractors, subcontractors, sponsors, suppliers, national organizations or associations, representatives, agents, affiliates, insurers, successors and assigns; other participants, teams, sponsors, and advertisers of the Training; and, if applicable, owners and lessors of the premises (collectively the “Releasees”) for any liability, expenses, loss or damage to person or property, injury, harm, death or disability suffered from or in connection with my presence or participation in the Training due to any cause whatsoever, INCLUDING THE NEGLIGENCE ON THE PART OF THE RELEASEES. I HEREBY AGREE NOT TO SUE OR MAKE CLAIMS AGAINST THE RELEASEES AND GIVE UP ALL MY RIGHTS TO DO SO.
- I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY INDEMNIFY, DEFEND AND HOLD HARMLESS the Releasees, WITH RESPECT TO ANY AND ALL LIABILITY, INJURY, HARM, DISABILITY, DEATH or loss or damage to person or property, or expenses or fees (including reasonable attorney’s fees) associated with my presence or participation in the Training, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
- This Agreement contains the entire agreement between you and HUSEL concerning its subject matter. This Agreement supersedes any prior agreements or understandings between Participant or Parent and HUSEL concerning the subject matter of this Agreement and will remain in effect and unless and until terminated or replaced by a new written agreement.
- This Agreement and any disputes arising out of or related to Participant’s involvement in Training or this agreement shall be governed by, construed and enforced in accordance with SECTION 12 – ARBITRATION AGREEMENT AND GOVERNING LAW as outlined in HUSEL’s Terms of Service.
- If any provision of this Release of Liability, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of its requiring any steps, actions or results, the remaining parts or portions of this Release shall remain in full force and effect.
FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION)
- I am the parent or guardian of the minor child (“Participant”), having legal responsibility for this minor, and I do hereby consent (with the approval of my spouse, if any) to the minor’s participation in the Training and agree to the Release of Liability and hereby make and enter into each and every representation, certification, waiver, release, assumption and indemnity described above in the Release of Liability on behalf of myself, the minor, any other parent or guardian of the minor, and our heirs, assigns, personal representatives, and next of kin. I agree to give up my rights, the minor’s rights, and the rights of any other parent or guardian to maintain any claim or suit against Releasees arising out of the minor's presence or participation in the Training. I believe and represent that I HAVE LEGAL AUTHORITY TO MAKE THESE WAIVERS AND RELEASES, and I agree to indemnify and defend the Releasees for all liability arising out of any lack of authority on my part to make such waivers and releasees.
BY MY PURCHASE, OR SIGNATURE (ELECTRONIC OR PHYSICAL), I AGREE THAT I HAVE READ THIS RELEASE OF LIABILITY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS, AND ABIDE TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
RIDER TO ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY,
INDEMNIFICATION AGREEMENT, AND COVENANT NOT TO SUE
MAIN RELEASE FOR HUSEL, INC. and HUSEL Youth Hockey
WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19
In consideration of participating in any training, events and activities (“Training”) associated with HUSEL, Inc. and HUSEL Youth Hockey (“HUSEL”), I, the undersigned, acknowledge and agree that:
- Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
- I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
- I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
- I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS HUSEL and its their officers, officials, agents, contractors, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
- I will NOT attend any Training IF I have any reason to feel as if I may have any of the above communicable diseases. I will maintain safe social distancing, sanitize, and follow all guidelines for the health and safety of teammates, staff, members, spectators, and other participants.
FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION)
This is to certify that I, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.
PHOTOGRAPHY RELEASE
I hereby agree to allow HUSEL, Inc. and HUSEL Youth Hockey (“HUSEL”) to record and publish photos and videos (including audio) of myself and my family members for the purpose of promoting HUSEL in a manner that does not violate NCAA Bylaw 12.5.2 and for documenting and/or reporting events and activities. I understand photographs, video and/or audio tape recordings to be taken of myself and/or family members at practice, during competition, recreational play, as well as other HUSEL related events. I understand that this media will be produced and used for promotional purposes that do not violate NCAA Bylaw 12.5.2, and I authorize HUSEL to use my/our photograph, video and/or audio recording on its Website and social media platforms, such as Facebook, Instagram, Twitter, YouTube, FourSquare and Pinterest, etc., as well as other official printed publications without further consideration. In addition, I acknowledge HUSEL’s right to crop or treat the media at its discretion, and I also acknowledge that HUSEL may choose not to use my/our image at this time, but may do so as its own discretion at a later date. I also understand that once I, or my family members, image(s) have been captured, they may be posted on the HUSEL Website or social media platforms, the image can be downloaded by any computer user on or off the premises. HUSEL also reserves the right to discontinue use of photos without notice.
I HAVE READ THIS RELEASE OF LIABILITY AND PHOTOGRAPY RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS, AND AGREE TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
HUSEL Training Guidelines
Many Training participants will gather with family and friends in celebration of summer and fall activities. As states begin to allow establishments to reopen, rates of confirmed COVID-19 cases have also increased. We, the HUSEL staff, feel the need to provide expectations for all HUSEL participants, to include immediate family members, consistent with CDC guidelines. **
Personal decisions can/will affect the ability for HUSEL to continue to provide training and game experiences. As a prerequisite for participation in HUSEL training, all participants/parents signed a waiver/release for communicable diseases including COVID-19. Please review waiver statement:
“I will NOT attend any Training IF I have any reason to feel as if I may have any of the above communicable diseases (COVID-19). I will maintain safe social distancing, sanitize, and follow all guidelines for the health and safety of teammates, staff, members, spectators, and other participants.”
According to the CDC, 97% of those exposed to COVID-19 experience an average incubation period of 5-7 days. If there is a chance, however small, that you/or immediate family may be infected, participant can elect to self-quarantine for a minimum of 2 weeks with no training and games OR participant can test (7 days after exposure) with no training or games until the results are provided to the coaching staff.
If you travel outside your local area – defined as greater than 50 miles – the HUSEL staff ask that you notify us at help@husel.com before travel and before returning to training or games. For the safety of all participants and staff, upon return, please attest the following in writing:
- I and/or family members did NOT come in contact with known COVID-19 positive individuals.
- I and/or family members did not share overnight accommodations with people outside our family.
- I and/or family members are COVID-19 asymptomatic.
- I and/or family members followed CDC guidelines** during travel.
Upon return from travel, holiday celebrations, or larger gatherings (+50 people); participants should vigilantly self-monitor during the 7 day incubation period for any COVID-19 related symptoms. As establishments open, the CDC emphasizes continued use of social distancing and cloth face covers in public.
As requirement for your continued participation in HUSEL hosted events, if you or your family members become COVID-19 symptomatic YOU MUST notify HUSEL staff at help@husel.com so appropriate actions can be made to ensure the safety of all participants.
**CDC guidelines to protect yourself and others:
- Clean hands often with soap/water (20 seconds) or with hand sanitizer
- Avoid touching your eyes, nose, or mouth. Cover coughs and sneezes.
- Avoid close contact - 6 feet of physical distance from others not a part of your immediate family
- Wear a cloth face cover in public when other social distancing measures are difficult to maintain - cloth face cover is not a substitute for social distancing.