Waiver: RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

In consideration of training with Upper Midwest Elite Goalie Academy and receipt of which is hereby acknowledged, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Taras Lendzyk, Jerry Pickar, Patricia Elsmore, Upper Midwest Elite Goalie Academy, LLC. and any employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:

  1. I acknowledge that participating in Upper Midwest Elite Goalie Academy training involves known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage.  Risks include, but are not limited to, broken bones, torn ligaments or other injuries as a result of falls or contact with other participants and medical conditions resulting from physical activity. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
  2. On behalf of my child, I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees.  My child’s participation in this activity is purely voluntary and he/she elects to participate despite the risks.  In addition, if at any time he/she believes that event conditions are unsafe or that they are unable to participate due to physical or medical conditions, then they will immediately discontinue participation.  By participation in dryland training, game scenarios and/or activities, you and your child are not establishing a patient relationship with any instructors and/or coaches and the instructors and/or coaches have no liability if you are injured by participation.  The parent or legal guardian is charged with responsibility for reasonable communication of health history or concerns about participation that may increase risk of injury during dry land, practice, and game scenarios and/or activities but this communication does not constitute a patient relationship with instructors and/or coaches.
  3. On behalf of my child, I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my child’s use of their equipment or facilities, arising from negligence.  This release does not apply to claims arising from intentional conduct.  Should Releasees or anyone acting on their behalf incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
  4. On behalf of my child, I represent that I have adequate insurance to cover any injury or damage he/she may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself.  I further represent that he/she has no medical or physical condition which would interfere with their safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
  5. In the event that I file a lawsuit, I agree to do so solely in the state where Releasees’ facility is located, and I further agree that the substantive law of that state shall apply.
  6. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

By signing this document, I agree that if my child is hurt or their property is damaged during their participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.

I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing.  Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain.  I have read and understood this document and I agree to be bound by its terms.