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Copyright Oz Sports © 2023. All rights reserved.
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In consideration of being allowed to participate in any way in any programs, events or activities organized, arranged or operated by Oz Sports and/or any
of
its subsidiaries or affiliates ("Oz Sports"), I understand, acknowledge and agree to the following:
I understand the physical requirements of the program, event or activity in which I will be participating, and certify that I am physically fit and able to participate in the program, event or activity, and have not been advised otherwise by a qualified medical professional.
I agree to comply with any and all rules, regulations, terms and conditions for participation in the program, event or activity, including but not limited to the rules of any sport that I may participate in and the Participant's Code of Conduct. I agree to inspect the equipment, facilities and premises to be used prior to participation. If I believe that anything is unsafe, I will inform Oz Sports officials, team captains, referees or facilities owners of the issue and refuse to participate if not corrected.
I acknowledge and fully understand that as a participant, I will be engaging in activities that involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, but are not limited to, those caused by: (a) the actions, inactions or negligence of Oz Sports, other participants, volunteers, spectators, coaches, event officials, referees and organizers; (b) conditions of the premises, facilities or equipment used; (c) rules of play; (d) weather conditions; (e) the skill, ability and condition of other participants, and their failure to abide by the rules, regulations, terms and conditions for participation in the program, event or activity; (f) the health of other people with whom I come into contact and the risk that I may contract an infectious disease as a result of my participation; and (g) vehicular and pedestrian traffic. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. Oz Sports cannot control these risks, nor has Oz Sports judged my skill level or ability prior to allowing me to participate and consequently is not in a position to guarantee my personal health or safety during my participation in the programs, events or activities. I KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, ANTICIPATED AND UNANTICIPATED, FORESEEABLE AND UNFORESEEABLE, EVEN IF ARISING FROM THE NEGLIGENCE OF OZ SPORTS OR OTHERS, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
PARTICIPANT RESPONSIBILITIES CONCERNING COVID-19 and other infectious diseases: I agree that I will not participate in Oz Sports programs, events or activities if I am not feeling well and that by attending any Oz Sports programs, events or activities I am certifying each time that I am not subject to quarantine or isolation requirements as determined by local health authorities and/or the Centers for Disease Control. I agree that I will follow Oz Sports protocols, if any, for health prescreening and reporting the results of prescreening prior to attending any Oz Sports program, event or activity. I understand and AGREE that Oz Sports may be required by law to inform government health and other officials of positive test results or potential exposure, and I consent to my name, contact information, and exposure status to be disclosed to such officials where required. I agree to cooperate with contact tracing deemed necessary by Oz Sports and/or public health officials.
I, on behalf of myself, my heirs, beneficiaries, executors, administrators, personal representatives and assigns, HEREBY WAIVE, RELEASE, DISCHARGE, AND AGREE NOT TO SUE Oz Sports, any of its affiliates, subsidiaries or parents, or any of its or their managers, members, directors, officers, employees, contractors, volunteers, representatives, agents, coaches, referees, other participants, sponsoring agencies, sponsors, advertisers, owners and lessors of equipment, and facilities and premises (and their owners) used to conduct the programs, events or activities (collectively the "Releasees"), from any and all claims for damages, injuries, losses, liabilities and expenses, including claims based on any Releasees' negligence, which I may have or which may subsequently accrue to me, relating to, resulting from or arising out of my use and/or participation in any programs, events or activities of Oz Sports, including any injury or damage to my person or property, or to that of any other person or property.
I agree to INDEMNIFY, DEFEND AND HOLD THE RELEASEES HARMLESS from and against any and all claims for damages, injuries, losses, liabilities and expenses incurred by Oz Sports relating to, resulting from or arising out of my participation in any Oz Sports program, event or activity.
I consent to have medical treatment that may be deemed advisable in the event of injury, accident and/or illness during any program, event or activity. I release Oz Sports and all persons participating in any such medical treatment from all responsibility for any such actions.
I hereby grant to Oz Sports and those acting with its authority, the right to photograph, videotape, or otherwise capture or collect my likeness, voice and sounds (the "Content") during my participation in the Oz Sports program, event or activity. I further acknowledge the Content to be works made for hire, and otherwise irrevocably assign and grant to Oz Sports all rights in this Content and the right to use or sublicense the Content and my name, likeness, and biography, in Oz Sports' discretion, in all media and in all forms and for all purposes, including without limitation, advertising and other promotions for Oz Sports, without any further consideration to me or any limitation whatsoever.
I intend that this Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I agree that if any portion of this Waiver and Release of Liability is held invalid, the balance shall continue in full force and effect.
I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY CAREFULLY AND I FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS DOCUMENT, AND I SIGN IT KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.
If I am a Washington State RESIDENT or PARTICIPANT IN A PROGRAM, EVENT OR ACTIVITY IN WASHINGTON STATE, I hereby knowingly waive any and all rights and protections under Washington State Civil Code Section 1542, which provides as follows: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
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