RELEASE AND WAIVER OF LIABILITY
BLACK STAR
This Hold Harmless Agreement (this “Agreement”) is made as of April 20th 2024. In consideration for allowing me, together with any minor children under my care and control, (collectively, “I” or “Me”) to participate in the Black Star program (hereinafter, the “Events”).
I agree I am engaging in the Events at my own risk and acknowledge that the organizers, including Box to Box, LLC, For Soccer, and any sponsors or partners of the Events, including D.C. Parks & Recreation, D.C. United, Washington Spirit, DC SCORES, D.C. Cup, Major League Soccer L.L.C., and each of their respective direct and indirect affiliates, members, administrators, designees, licensees, agents, owners, officers, directors, employees, sponsors, invitees, and contractors (and all employees of such contractors), parents, subsidiaries, affiliated and related companies, insurers, representatives, successors, and/or assigns of each of the foregoing entities and persons, whether past, present, or future, and whether in their institutional or personal capacities (collectively the “Released Parties”) makes no warranties or representations, express or implied, regarding my engaging in the Events. I understand the nature of the risks posed to me at the Events and the possible dangers to which I may be exposed while participating in the Events.
I hereby certify, warrant, represent, agree, and covenant to the Released Parties that I am (a) free of any mental or physical condition, ailment, or injury (medical or otherwise) which would, in and of itself or in conjunction with any other circumstance, (i) impair, prevent or prohibit me from engaging in Event activities, (ii) be affected, aggravated, or worsened in any way as a result, directly or indirectly, by my involvement in the Event, or (iii) present a risk to the health of another Event participant; and (b) of sound mind and body and not under the influence of alcohol or any drug or medication which may in any way impair my ability to enter into this Agreement, fully understand the respective intent and meaning of all of the terms hereof or to participate in the Event.
The state of medical knowledge is evolving, but the novel coronavirus known as “COVID-19” is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even in the air. It is understood that those infected can show no symptoms and appear asymptomatic and still spread the disease. EVIDENCE HAS SHOWN THAT COVID-19 CAN CAUSE SERIOUS AND POTENTIALLY LIFE THREATENING ILLNESS AND EVEN DEATH. I UNDERSTAND AND AGREE THAT COVID19 IS EXTREMELY CONTAGIOUS, THAT THERE IS AN INHERENT DANGER AND RISK OF EXPOSURE TO COVID19 IN ANY PLACE WHERE PEOPLE ARE PRESENT, INCLUDING THE FACILITIES AND IN THE NORMAL COURSE OF THE CLINICAL INTERNSHIP, WHICH REQUIRES CLOSE CONTACT WITH OTHER PEOPLE. I UNDERSTAND AND AGREE THAT NO PRECAUTIONS, INCLUDING ANY PROTOCOLS THE CHARGERS PUT IN PLACE, CAN ELIMINATE THE RISK OF EXPOSURE TO OR CONTRACTION OR TRANSMISSION OF COVID-19, AND THAT SUCH RISK APPLIES TO EVERYONE ACCESSING THE FACILITIES. I also recognize the fact that there is an inherent danger in this type of activity. These risks may result in serious injury or death, and include but are not limited to injuries caused by: 1) collisions with players or balls; 2) equipment failure; or 3) an "act of nature" which may include, but is not limited to, inclement weather. I will follow all applicable policies and protocols provided by the Released Parties, including health and safety policies, and the instructions of the Released Parties while participating in the Events. I am aware of no physical problem or condition that could endanger myself or others if I were to participate in the Events.
I further acknowledge and agree to the following:
I will clean the areas I am responsible for appropriately to meet the CDC recommendations and how best to ensure safety in the events;
I will comply with the recommendation that I maintain a 6-foot social distance from other employees, clients, customers, visitors and others except in the event I am required to be closer for limited periods of time due to the nature of the athletic events that are a part of the Events;
I will wash and/or sanitize my hands frequently and thoroughly and will wear a face covering and gloves as needed or directed;
I will stay away from the Events if I am sick, believe I am sick, and/or have knowingly been exposed to a communicable illness or disease including, but not limited to, COVID-19
I will cover coughs and sneezes; and
I agree to review and adhere to all CDC and Health and Human Services recommendations
I understand minors under the age of 18 are permitted to participate in the Events only under the direct supervision of an adult parent, legal guardian, or an authorized designee of the parent or guardian. I agree to take full responsibility for any minors accompanying me, to keep them within sight and reach, and to directly supervise them at all times.
I, for myself and my heirs, hereby knowingly, voluntarily, irrevocably, and forever waive, discharge, hold harmless and release the Released Parties from any and all claim, suit, liability, cause of action, or obligation of whatever kind or nature, whether known or unknown, foreseen or unforeseen, whether at law or in equity, which I have or may have against the Released Parties resulting from any injury to me and any accompanying minor child(ren), including death, personal injury, illness, disability, suffering of short-term or long-term health effects, or damage to my property arising out of my participation in the Events, whether or not such claims arise from alleged negligence. I understand that this Agreement discharges the Released Parties from any and all liability or claims that I may have against the Released Parties with respect to, but not limited to, bodily injury, personal injury, illness, death, property damage, and any and all other liability that may result.
I, for myself and my heirs, further agree to indemnify and hold the Release Parties harmless from any and all claims, liabilities, losses, damages, and expenses incurred in connection with the foregoing. If the Released Parties are made a party to any litigation, arbitration or other proceeding commenced by or against me arising from my participation in the Event, I shall defend, protect and hold the Released Parties harmless from any judgment, award or settlement and shall pay all costs, expenses, and attorney’s fees incurred or paid by the Released Parties in connection with such litigation.
I hereby consent to have Released Parties, and/or any emergency medical technician, nurse, or medical doctor, render to me any and all aid, medical assistance, and/or treatment deemed reasonably necessary to my health and well-being. I agree to be financially responsible for the costs of such aid, assistance, and/or treatment.
I understand and agree that the Released Parties may tape, photograph, and record participants during and in connection with the production of the Events. I warrant to Released Parties that I have the right to authorize and hereby irrevocably authorize the Released Parties and their affiliates and licensees to use my name, voice, image, appearance, recorded performance and likeness for the purpose of advertising and publicizing the Released Parties and/or any events at which I participate, alone or in conjunction with an Released Parties’ products and for the promotion of the Released Parties’ lines of business, in any form of exhibition or medium so chosen by Released Parties, including, but not limited to, its print, computer online, mobile, podcast, and licensing businesses, provided my name, voice and/or likeness shall not be used in any merchandising or as a direct endorsement of any other product and/or service. I understand and agree that Released Parties shall have the right to modify, edit, use, reproduce, and distribute the above-described materials or other media, now known or later developed, without prior inspection or approval by me and without any form of compensation. The Released Parties or their designees shall have complete ownership of the production in which I appear, including copyright interests, and I acknowledge that I have no interest or ownership in the production or its copyright. I also grant the Released Parties and their designees the right to broadcast, exhibit, market, sell and otherwise distribute the production, either in whole or in parts, and either alone or with other products, for commercial or non-commercial television or theater, closed-circuit exhibition, home video distribution or any other purpose that the Released Parties
I understand, acknowledge and accept that this Agreement is intended to be as broad and inclusive as permitted by the laws of the state in which the Events are taking place and agree that if any portion of this Agreement is found to be unenforceable or illegal, the remainder will continue in full legal force and effect. I further agree that any legal proceedings related to this Agreement shall take place in the city and state of the Events.
CONCUSSION AWARENESS
PLAYER SAFETY MATTERS
Black Star Initiative is following the implementation guidelines for U.S. Soccer's Recognize to Recover Player Safety Campaign, specifically as it relates to concussion initiatives and heading for youth players:
US Soccer has mandated the following rules as it relates to heading:
*Players in U11 programs and younger shall not engage in heading, either in practices or in games.
*Limited heading in practice for players in U12 and U13 programs. More specifically, these players shall be limited to a maximum of 30 minutes of heading training per week, with no more than 15-20 headers per player, per week.
*Clubs should be aware of circumstances in which individual consideration is needed. For example:
-A 10-year-old playing at U12 or older should not head the ball at all.
-An 11- or 12-year-old playing at U14 or older should abide by the heading restrictions in practice
*Referees should enforce these restrictions by age group according to the specified rules. Referees will not be assessing the age of individual players on the field: they will enforce the rules for the age group.
In adherence to these new requirements, referees have been instructed by U.S. Soccer of the following rule addition: When a player deliberately heads the ball in a game, an indirect free kick (IFK) should be awarded to the opposing team from the spot of the offense. If the deliberate header occurs within the goal area, the indirect free kick should be taken on the goal area line parallel to the goal line at the point nearest to where the infringement occurred.
For age groups with limited substitutions: Any player suspected of suffering a head injury may be substituted for evaluation without the substitution counting against the team's total number of allowed substitutions during the game.
Black Star strongly recommends that all coaches, staff members, parents and players watch U.S. Soccer's concussions in soccer overview video.
Black Star is governed by the Pennsylvania Law. To review the concussion and return to play laws in PA please check the following links:
*Recognize to Recover web page
*CDC HEADS UP for youth sports
*CDC Concussion in Sports Flyer
*Concussion Fact Sheet
Have you sustained a concussion or other traumatic brain injury in the last 12 months? If yes, have you been cleared to return to play by a medical professional? A copy of the medical clearance/release is required to be provided to Black Star in order to participate in the current program.
I have carefully read and voluntarily sign this waiver and understand that the program does not provide any kind of insurance for injuries sustained while playing in this program and I am participating at my own risk. I am aware of this waiver’s legal consequences, including that I am hereby giving up substantial legal rights and that this Agreement is legally binding.
Name and age of all minor children under my care and control at this Event: