ASSUMPTION OF RISK, WAIVER, RELEASE OF LIABILITY. AND INDEMNITY AGREEMENT
AND CONSENT FOR MARKETING AND INFORMATIONAL TEXT MESSAGING
IF PARTICIPANT IS UNDER 18 YEARS OLD, A PARENT OR LEGAL GUARDIAN OF PARTICIPANT MUST ALSO SIGN THIS AGREEMENT ON PARTICIPANT'S BEHALF.
THIS AGREEMENT IS IRREVOCABLE AND BINDING AS SET FORTH BELOW.
The individual named below (referred to as "I", "my" or "me") desires to participate in practicing, participating in or as a spectator of soccer games, competition, matches, or entertainment, including all other related ancillary services (including but not limited to use of the restaurant, locker room, or party facilities) (the "Activity") provided by Goals Soccer Centers, Inc., a Delaware Corporation with offices located at 9599 Pinehurst Avenue, South Gate, CA 90280 (the "Company"). As lawful consideration for being permitted by the Company to participate in the Activity, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
ASSUMPTION OF RISK
I acknowledge, understand and assume the risks inherent in the Activity and understand that said Activity entails risks of serious bodily injury, disability, death, and/or property damage or other harm and I am participating with full knowledge of said risks. I understand and assume the risks arising from the conditions of the location of the Activity, including the condition of any equipment or facilities, and acknowledge that included within the scope of this Agreement is any action or causes of action arising from the performance of, or failure to perform, maintenance, inspection, supervision, control or security of said areas and for the failure to warn of dangerous conditions existing on or near said locations. Soccer is a physical, contact, sport that involves the risks of injury, disability, and death, and involves strenuous and hazardous physical activity. I assume all risks and hazards associated with my participation in the Activity. I am in proper physical condition to participate in the Activity and have no illness, disease or existing injury or physical defect that would be aggravated by my participation. I further acknowledge that this risks inherit in the Activity may involve unforeseen consequences, including those which may be due to the unavailability of immediate emergency medical care.
PHOTOGRAPH, VIDEO AND AUDIO RELEASE
I hereby grant the absolute and irrevocable royalty-free right to the Company and its subsidiaries, affiliates, agents, representatives, assigns, successors in interest and licensees (“Goals”) to film, record and/or photograph my voice and likeness (my, “Image”), and also grant Goals the irrevocable right to forever use and license others to use my Image, name, any footage, recordings or photographs of me recorded while I am participating in the Activity or otherwise on site at the Company premises, or any reproduction or modification thereof (collectively, the "Recordings") in any manner and medium throughout the world an unlimited number of times in perpetuity, without payment or any other consideration. To the fullest extent permitted by law, I agree that Goals shall have the unrestricted right to use – including, without limitation, transfer, alter, distribute, publish, display, incorporate into other works – the Recordings in any medium (radio, television, internet, social media, print, etc.) for any promotional and other business purpose. I hereby waive the right to inspect or approve the finished product incorporating my Image and/or the Recordings that may be used or any eventual use to which they might be applied. Additionally, I waive any right to royalties or other compensation arising or related to the use of my Image or Recording. I also understand that this material may be used in an unrestricted geographic area and via the internet. There is no time limit on the validity of this release nor is there any geographic limitation on where my Image and the Recordings may be distributed. I HEREBY RELEASE ANY AND ALL CLAIMS, DEMANDS, DAMAGES, AND CAUSES OF ACTION OF ANY NATURE THAT I HAVE OR MAY HEREAFTER HAVE AGAINST GOALS, THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ARISING OUT OF OR IN CONNECTION WITH GOALS’ OR THE COMPANY’S USE OF MY IMAGE OR THE RECORDINGS, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR DEFAMATION, INVASION OF PRIVACY, RIGHT OF PUBLICITY, INFLICTION OF EMOTIONAL DISTRESS, NEGLIGENCE, ANY RIGHT, TITLE OR INTEREST IN THE MATERIALS, OR ANY OTHER PHYSICAL OR MONETARY INJURY. By signing this form I acknowledge that I have completely read and fully understand the above release and agree to be bound thereby.
WAIVER. RELEASE, AND AGREEMENT NOT TO SUE
I hereby knowingly and voluntarily waive, release, forever discharge and agree not to sue the Company and its partners or leaseholders, including, without limitation, each of their respective affiliated entities, parent companies, agents, attorneys, assigns, representatives, partners, officers, elected officials, employees, and personnel (collectively, "Releasees") from and with respect to any and all actions, causes of action, claims, demands, obligations, liabilities, losses, costs or expenses for, without limitation, personal injury, disability, property damage or wrongful death arising out of my participation in the Activity or any activities incidental thereto, wherever or however the injury or death or damage may occur, whether the same shall arise by the negligence of any of Releasees or otherwise, that may be made by me, or my parent(s) or legal guardian(s), family members, estate, heirs, assigns, personal representatives, next of kin, or spouse (together, "My Representatives"). IT IS THEREFORE MY INTENTION TO EXEMPT AND RELIEVE RELEASEES FROM ALL LIABILITY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR PERSONAL INJURY, DISABILITY, PROPERTY DAMAGE, OR DEATH, INCLUDING, WITHOUT LIMITATION, THAT CAUSED BY RELEASEES' ACTUAL OR ALLEGED NEGLIGENCE.
AGREEMENT TO INDEMNIFY. DEFEND- AND HOLD HARMLESS
I agree, on behalf of myself and My Representatives, that I or My Representatives shall indemnify and hold harmless Releasees in the event any claims, demands, causes of action, obligations, liabilities, damages, losses, injuries, costs, expenses, and attorney's fees for, including but not limited to, any claim for my personal injury, disability, property damage or wrongful death arising out of my participation in the Activity, including alleged acts of negligence by Releasees, shall be prosecuted against Releasees. Further, it is agreed that the foregoing indemnity and agreement to hold harmless does not require the Releasees to have made payment to a third party claimant as a condition precedent to recovery of the indemnity granted pursuant to this paragraph.
All claims and disputes that arise out of or are incurred in connection with participation in the Activity must be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules before a single arbitrator in the State of California, County of Los Angeles. Any arbitration shall apply the substantive laws of the State of California. The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate, or enforce the award and for disclosure in confidence to the parties' respective attorneys, tax advisors and senior management and to family members of a party who is an individual. An award of arbitration may be confirmed in a court of competent jurisdiction. Each party shall bear its own costs and fees of arbitration.
CLASS ACTION WAIVER. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION, LITIGATE IN COURT, OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any provision of this Agreement shall be held by any court of competent jurisdiction to be illegal, void, or unenforceable, such provision shall be of no force and effect, but the enforceability of all other provisions of this agreement shall be unimpaired.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT AND AM AWARE THAT IT CONTAINS A WAIVER AND RELEASE OF LIABILITY, AND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I AM FULLY AWARE OF THE POTENTIAL DANGERS INCIDENTIAL TO PARTICIPATION IN THE ACTIVITY. I AM SIGNING THIS AGREEMENT OF MY OWN FREE WILL AND INTEND FOR MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL WAIVER AND RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I HAVE READ AND VOLUNTARILY SIGN THIS AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATION, STATEMENTS OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.
OPTIONAL CONSENT FOR MARKETING AND INFORMATIONAL TEXT MESSAGES - FROM GOALS
Goals is pleased to offer you reservation reminders and promotional offers via text message, If you choose to receive either reminders, marketing messages, or both, we will send these texts to the mobile phone number that you list below using an automatic telephone dialing system. You are not required to agree to receive any text message from Goals as a condition of using our facilities.
Upon entering your information into our system, Goals will send you a confirmation text message. After activation, text STOP to opt-out. You will receive one final text confirming your opt-out request. Text HELP for help. Message & Data rates may apply. Number of marketing or reminder text messages may vary based on your location and the number of events scheduled. You may choose to receive marketing messages, schedule reminders, both, or neither. If you are interested in receiving either type of message, please indicate your preferences below.
At least one member of your team must place a credit card on file with Goals at the time you register a team for our leagues or reserve a field. IF YOU CANCEL ANY FIELD RESERVATION OR GAME FEWER THAN 24 HOURS BEFORE THE SCHEDULED TIME OR IF YOUR TEAM FAILS TO FIELD ENOUGH PLAYERS FOR A SCHEDULED LEAGUE GAME, GOALS WILL CHARGE YOUR TEAM’S CREDIT CARD(S).