Seminole Sharks Flag Football
Release of Liability For Minor Participants
Assumption of Risk, Release of Liability and Claims, and
Indemnity Agreement for Minor Participants
NOTE: This Agreement asks each parent and participant to waive certain legal rights. It
should be read carefully and signed only if each parent and participant agrees with the
terms and statements.
In Consideration of my minor child’s participation in the Seminole Sharks Flag Football, I agree
and acknowledge as follows:
1.
Permission To Participate: I certify that I (i) am the parent or legal guardian of the child (
Participant ) being allowed to participate in the Seminole Sharks Flag Football program,
including all associated practices, meetings and any other event (the “Activities”) which may be
part of a Seminole Sharks Flag Football administered by Seminole Sharks, LLC (the “League”)
or its local league organizer; (ii) am of legal age and am freely signing this Agreement without
any inducement or assurance of any nature; and (iii) have read this form and understand that, by
signing this form, in consideration for my child to Participate in the Activities, I will be giving
up certain legal rights and remedies. I agree that the terms of this Agreement to the full extent
allowed by law are binding on both me and the Participant.
2.
Assumption of Risk: I understand that the Activities in which I or my child will engage in
with Seminole Sharks Flag Football involve inherent and other risks. Some of those risks are as
follows: a) major injuries such as: hypothermia, broken bones, cardiac arrest/heart attack,
eye injury or loss of sight, drowning, concussion, joint, ligament or back injuries and heat
exhaustion; b) minor injuries such as strains, sprains, bruises, scratches, cuts and
abrasions. I acknowledge that the Activities are strenuous and dangerous and require a certain
degree of physical condition, ability, maturity, and skill. I acknowledge that I am solely
responsible for determining my (or my child’s) suitability to participate in the Activities. I have
(or my child has) the requisite skills, qualifications, physical and mental ability, physical health
and training necessary to properly and safely participate in the Activities. I understand that
participation in the Program involves certain risks, and I have been informed of some of the risks
by this document and understand there may be more not discussed herein. I am voluntarily
allowing Participant to participate in the Program with knowledge of the dangers involved and
agree to accept all risks of such participation.
3.
I (or my child) share(s) responsibility for my (his/her) safety and will follow instructions,
make reasonable decisions, and act responsibly. Seminole Sharks Flag Football cannot ensure
my (or my child’s) safety and does not seek to eliminate all of the risks of the activities because
they are part of the activity itself. I choose to voluntarily participate (or allow my child to
participate) despite all risks. I assume all inherent and other risks and accept responsibility
for any property damage and loss, and for any personal injury, illness, disability, emotional
distress that I (or my child) may suffer, whether described above or not. The risk of injury
to my child from the activities involved in these programs is significant, including the potential
for permanent disability and death, and while particular rules, equipment, and personal discipline
may reduce this risk, the risk of serious injury does exist.
4.
Although coaches may be provided as part of the Activities, the League is not responsible
for the actions or failures of those coaches. The League makes a reasonable attempt to
investigate the background of each coach we assign and ask that they become familiar with
concussion training. However, this, or any other requirements we make of the coaches should
infer that any person in the League or the coaches have medical training or are licensed as such
and I have no expectations that medical staff will be on hand at any Activity. If you are
participating on a team that has a parent coach or are participating in a tournament and your
coach has not been provided through us, we urge that you make sure they meet your expectations
for safety and you agree that we have no liability for any of their actions as they are not our
agents.
5.
RELEASE OF LIABILITY. In return for the Participant being allowed to participate in
the Program, to the fullest extent allowed by law, I (and to the fullest extent allowed by law for
the Participant) release and agree not to sue Seminole Sharks, LLC, or any of its members,
managers, employees, officers, directors, sub-contractors, sponsors, agents, affiliates, and
subsidiaries (collectively, the Releases) from or for, as applicable, all present and future claims
that may be made by the Participant or me, my family, estate, heirs or assigns for property
damage, personal injury or wrongful death arising as a result of the Participant’s participation in
the Program, wherever, whenever, or however the same may occur. I understand and agree that
the Releases are not responsible for any injury or property damage arising out of the Program,
even if caused by their ordinary negligence.
6.
Indemnity: I agree to defend, indemnify (meaning to pay or reimburse any amount
required to be paid, including attorney’s fees) and hold the League, its owners, agents and
assigns harmless from all claims, causes of action, liability, losses, or damages for any property
damage, property loss or theft, personal injury, disability, death or other loss brought by or on
behalf of me, the Participant, a family member, my estate, another participant or spectator, or any
other person arising from or relating to my (or my child’s) use of the property, facilities, and/or
participation in the Activities, including claims that the League was negligent.
7.
Limitation of Liability and Claims LIMITATION OF LIABILITY; DISCLAIMER OF
WARRANTIES. THE RELEASEES SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING
FROM: PROGRAM PARTICIPATION. (i) ANY AND ALL DEMANDS, RIGHTS, AND
CAUSES OF ACTION OF WHATEVER KIND OR NATURE, ARISING OUT OF ALL
KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN, BODILY AND PERSONAL
INJURIES, DAMAGE TO PROPERTY, AND THE CONSEQUENCES THEREOF,
INCLUDING DEATH, RESULTING FROM PARTICIPATION BY THE PARTICIPANT IN
THE PROGRAM; OR (ii) THE COST OF PROCUREMENT OF GOODS AND SERVICES IN
CONNECTION WITH THE PROGRAM. In addition to the foregoing limitations on the
League’s liability, to the fullest extent allowed by law, the League’s liability shall exclude
liability for any claims or causes of action made as a result of the actions of myself or the
Participant, its employees, agents and invitees. Furthermore, any recovery whatsoever shall be
limited to the Seminole Sharks, LLC and not against any owner, manager or agent of Seminole
Sharks, LLC.
8. APPLICABLE LAW; CONSENT TO JURISDICTION. This Agreement shall be governed by
and construed in accordance with the laws of the State of Florida, excluding its conflict of law
rules. I expressly consent and agree to submit to the exclusive jurisdiction of the courts of the
State of Florida located in Pinellas County, in all disputes arising out of or relating to this
Agreement.
9. SEVERABILITY. I further expressly agree that this Agreement is intended to be as broad and
inclusive as is permitted by law and that if any provision of this Agreement shall be unlawful,
void, or for any reason unenforceable, then that provision shall be deemed severable from this
Agreement and shall not affect the validity and enforceability of any remaining provisions.
8. AUTHORITY TO REGISTER AND/OR TO ACT AS AGENT. I represent and warrant to the
League and Releases that I have full legal authority to complete this Agreement. In addition, to
the extent that I am signing on behalf of a third party (or third parties), I represent and warrant
that I have been duly authorized to act as agent on behalf of such party (or parties).
BY INDICATING MY ACCEPTANCE OF THIS AGREEMENT, I AM AFFIRMING THAT I
HAVE READ AND UNDERSTAND THIS AGREEMENT AND FULLY UNDERSTAND ITS
TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING
CERTAIN RIGHTS TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THE
AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY MY ACCEPTANCE TO
BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE
GREATEST EXTENT ALLOWED BY LAW. I understand that this Agreement has no
expiration date and remains in effect at all times that I am (or my child is) observing or
participating in the Activities and will be binding on me, my family members, my heirs, assigns,
executors, representatives, and estate.