RELEASE AND ASSUMPTION OF RISK
FMA Hockey LLC (“Hockey Club”) is organized to promote physical fitness and friendly competition for adult hockey players in the Fargo-Moorhead area. The Hockey Club and all of its directors, officers, owners, employees, agents, supervisors, associates, insurers, governing bodies and/or boards, successors, assigns, and volunteers shall be collectively referred to as “Released Parties.” Hockey is a physical sport and skaters are expected to skate at their own level and manage their own risk. As part of Hockey Club, playing hockey in this group (“Hockey”) is available to registered participants, provided all responsibility and liability for injury, death, or damage to property (“Risk”) is with the participants (“Participant,” whether one or more) involved in Hockey, including times between games/practice and times going to and/or leaving hockey rinks or other venues for playing Hockey.
Hockey is intended only for those Participants who properly register to be able to join and are granted permission with the express understanding that the Released Parties will have no liability and are not responsible for any death, injuries, or damage which occurs to people or property as a result of Hockey. There is no supervision of Hockey or those attempting to participate in Hockey. There may be dangers and hazards which are obvious and there may be dangers and hazards which are not obvious or are concealed.
A Participant may not participate in Hockey without (1) a copy of this Release and Assumption of Risk, without revision, being signed by the Participant and (2) the fully signed and completed copy being provided to the Hockey Club prior to participation. If your team is joined by persons that are not registered members of Hockey Club, those persons shall be required to sign and deliver this Release and Assumption of Risk as outlined in this paragraph prior to any participation in Hockey.
The Hockey Club may post guidelines or impose rules for Hockey. If a Participant is observed not following the guidelines or rules, the Participant may be asked to leave or discontinue participation in Hockey.
As the Participant, you understand that participation in Hockey include physical activities that have significant risk associated with them, including risk of death, serious bodily injury, and/or property damage. You have determined you want to participate in Hockey and/or be a spectator of Hockey knowing there is Risk. You agree for yourself, your successors, assigns, and heirs that no claim will be asserted against Released Parties regardless of what may occur during Hockey. On your behalf and on behalf of your successors, assigns, and heirs, you are willing to assume all of the risks associated with Hockey.
In consideration of being allowed to participate in Hockey, as the Participant, you agree, on your own behalf and for your heirs, successors, and assigns to forever and completely release the Released Parties from any and all claims, causes of action, damages, liability, lawsuits, responsibility and/or financial recovery (collectively, “Claims”) that may be asserted against a Released Parties stemming from injury or death to you or damage to personal property that may be suffered as a result of Hockey in any manner. You do further agree on your own behalf and on behalf of your respective heirs, successors, and assigns to hold the Released Parties harmless from any Claims. If a claim is made against any of the Released Parties as a result of your actions, you agree to indemnify, defend, and hold harmless the Released Parties of and from any and all liability related to Claims, including reasonable attorney’s fees.
You understand and acknowledge that you will not be allowed to participate in Hockey unless you willingly, knowingly, and freely of your own will sign this Release and Assumption of Risk. By participating in Hockey, you represent that you understand the nature of Hockey, and that you are qualified, in good health, and in proper physical condition to participate in such Hockey. You acknowledge that if you believe Hockey conditions are unsafe for any reason, you will immediately discontinue participation in Hockey. You agree to verify that the items or equipment used in Hockey are properly working before commencing to use it during Hockey.
NO ONE IS AUTHORIZED TO PARTICIPATE IN HOCKEY WITHOUT HAVING EXECUTED AND DELIVERED TO THE HOCKEY CLUB A COPY OF THIS RELEASE AND ASSUMPTION OF RISK IN ITS ORIGINAL FORMAT WITHOUT REVISION. THIS RELEASE AND ASSUMPTION OF RISK WILL GOVERN ANY AND ALL PARTICIPATION BY THE UNDERSIGNED IN HOCKEY AT ANY TIME. PERMISSION TO PARTICIPATE IN HOCKEY MAY BE REVOKED AT ANY TIME. EXECUTION OF THIS DOCUMENT CREATES NO RIGHT IN THE UNDERSIGNED TO PARTICIPATE IN HOCKEY. ONLY THE HOCKEY CLUB MAY GRANT PERMISSION TO PARTICIPATE IN HOCKEY. YOU ACKNOWLEDGE YOU HAVE NO AUTHORITY TO GRANT PERMISSION TO ANYONE TO PARTICIPATE IN HOCKEY.
This Release and Assumption of Risk will be in effect continuously and apply to all participation at any time in Hockey and/or using equipment that in any manner relates to Hockey, including times between games/practice and times going to and/or leaving hockey rinks or other venues for playing Hockey. Participation in any Hockey and/or using equipment that in any manner relates to Hockey is deemed acceptance of the terms of this document, regardless of whether Participant has signed this document.
This Release and Assumption of Risk is supported by adequate consideration and may not be revoked by you.
The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions of this Agreement and this Agreement shall be reformed in all respects to allow the expressed intent of the parties to this Agreement to be in force as fully allowed by law.
A photocopy, facsimile copy or electronically reproduced copy, such as by pdf, will be considered to be the same as an original signed copy and will be valid and enforceable for all purposes.
I have read this Release and Assumption of Risk, and I understand that I have given up legal rights by signing it and have signed it freely without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law.