2021 IMG Beach Blast Waiver

PARTICIPANT WAIVER, INDEMNIFICATION & RELEASE

WAIVER AND RELEASE: In consideration for IMG Academy, LLC, permitting Participant access to or the use of the property, facilities, parking lot, buildings, fields, equipment, housing, dining areas, and/or services of IMG Academy, LLC, Participant and his/her Parent/Guardian (as applicable throughout), on behalf of Participant and on behalf of themselves (hereinafter "Releasors"), hereby release IMG Academy, LLC, its affiliated companies and all of its members, directors, officers, employees, volunteers, sponsors, independent contractors or agents (collectively, "IMG"), from any liability, claims, actions, damages, costs, expenses or lawsuits whatsoever, arising out of the inherent risks (as described herein or otherwise) of any activity in which Participant will be participating. The scope of this Participant Waiver, Indemnification & Release (“Agreement”) shall include, but is not limited to, any damages, losses or injuries in connection with transportation, food, lodging, medical concerns (physical and emotion), entertainment, photographs, athletic activities and physical injury of any kind that arise from any inherent risk of any activity in which Participant will be participating. Releasors further agree that this Agreement shall remain effective throughout Participant's participation on IMG property or using IMG facilities at any time. This provision shall be interpreted as broadly as permitted by F.S.A. 744.301 or other applicable Florida law.

ARBITRATION/DISPUTE RESOLUTION: All claims or disputes between the Participant and/or the Participant’s Parent(s)/Guardian(s) and IMG, including those arising out of or related to this Agreement or arising out of or related to the Participant’s activities with IMG Academy such as, without limitation, any claim based on breach of contract, breach of duty, negligence, gross negligence, fraud, or misrepresentation (collectively the “Disputes”) will be resolved through binding, confidential arbitration conducted in or near Bradenton, Florida, in accordance with the then current Consumer Arbitration Rules of the American Arbitration Association (“AAA”). No claims may be brought in any forum on behalf of any putative class. The costs of any arbitration brought by IMG Academy to enforce any provision of this Agreement, including but not limited to attorneys’ fees, shall be reimbursed by the Participant and/or the Participant’s Parent(s)/Guardian(s) to the extent that IMG Academy is the prevailing party. Disputes in which more than $250,000 is at issue will be heard by a panel of three neutral arbitrators; others will be heard by a single neutral arbitrator. For purposes of confirming any award rendered pursuant to this arbitration agreement, Participant and Participant’s Parent(s)/Guardian(s) consent to the jurisdiction of the courts of Manatee County, Florida, and the United States District Court for the Middle District of Florida.

INDEMNIFICATION: In further consideration for IMG permitting Participant access to its premises for the activity, Participant and his/her Parent/Guardian, on behalf of Participant hereby agree to defend and indemnify IMG, from any liability, claims, demands, lawsuits, or damages, including attorney fees, brought by any third party for personal injuries or property damage, arising out of, or in any way connected to the active or passive negligence, gross negligence, recklessness, intentional conduct and/or criminal conduct of Participant and/or his/her guests, relatives, or family members. This indemnification agreement is not limited to activities occurring on IMG premises, but encompasses all conduct by Participant and/or his/her guests, relatives, or family members for which a third party seeks to hold IMG liable, whether occurring on or off of an IMG property. This indemnification agreement shall not apply to any claims relating to IMG's active or passive negligence.

ASSUMPTION OF RISKS: Physical activity, by its very nature, carries with it certain inherent dangers and risks that cannot be eliminated regardless of the care taken to prevent or minimize harm. IMG has facilities for various sport specific activities such as soccer, golf, tennis, baseball, lacrosse, football and basketball and related activities such as physical training, running, weight training, and swimming. Some of these activities involve endurance or strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change of direction, some involve contact with equipment, fixed objects (e.g. goal posts), other participants (including participants that are older or younger and who may be larger or smaller in terms of weight and height) and various surfaces types, and others involve sustained physical activity that places stress on the cardiovascular and nervous systems. The specific inherent risks vary from one activity to another, but in each activity there are inherent risks, dangers or conditions, both known and unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if IMG acts with due care in a reasonably prudent manner. Those inherent risks may include, without limitation, (1) minor injuries such as cuts, sunburns, insect bites, bruises, muscle strains and sprains; (2) major injuries such as broken or fractured bones, concussions, or lost teeth; or (3) catastrophic injuries, such as heart attacks or fractured skull or those that cause disfigurement, loss of mental capacity, loss of sight, speech or hearing, paralysis, or death. Participant may be exposed, or expose others, to contagious and potentially harmful or deadly disease such as influenza, common cold, chicken pox, meningitis, or measles. Participant may also be exposed to risks while traveling (e.g., in vans when traveling to and from competitions, events, or the airport), exposure to risks inherent in recreational athletic, or entertainment activities operated by third parties in which Participant elects to engage (e.g., theme parks, fun zones, movies, concerts, boat rides, etc.), and exposure to risks related to receipt of treatment for any physical or mental condition.

Participant and Parent/Guardian have read the previous paragraphs and (1) understand the nature of the activities at IMG, (2) understand the demands of those activities relative to the physical condition and skill level of Participant, and (3) appreciate the types of inherent injuries, illnesses and other related risks which may occur as a result of such activities and/or treatment for any physical or mental condition that Participant may participate in at IMG. Participant and Parent/Guardian hereby agree and acknowledge that participation in the activity at IMG and use of their facilities and services is voluntary and that Participant and Parent/Guardian knowingly assume all inherent risks in such activities. This provision shall be interpreted as broadly as permitted by F.S.A. 744.301 or other applicable Florida law.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF IMG USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM IMG IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PARTY OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND IMG HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

MEDIA RELEASE AND CONSENT: Participant and Parent/Guardian consent to all recording, photographing and filming of Participant (the “Recordings”) and each agree that IMG can use these Recordings at any time and in any manner without payment to, or additional consent of, Participant or Parent/Guardian and release IMG and its licensees from all claims related to use of the Recordings.

ACKNOWLEDGEMENT OF RULES AND STANDARDS OF CONDUCT: Participant and Parent/Guardian understand that IMG has rules and standards of conduct that are applicable to all participants. Participant and Parent/Guardian agrees to abide by these rules, standards, and policies for the safety of all participants, guests and employees. Any consequences that come as a result of violating the rules and standards are at the discretion of IMG Academy.

ACKNOWLEDGMENT OF UNDERSTANDING: Participant and his/her Parent/Guardian, on behalf of Participant personally, his/her Parent/Guardian personally, acknowledge that he/she/they received the opportunity to review this Agreement. Participant and his/her Parent/Guardian, on behalf of Participant personally, his/her Parent/Guardian personally, further acknowledge to have carefully read and fully understand the contents of this Agreement to Participate and Indemnification and have asked, or had the opportunity to ask, and received answers to all questions he/she/they may have and that Participant and his/her Parent/Guardian, on behalf of Participant personally, his/her Parent/Guardian personally, have duly executed this Agreement freely and voluntarily, intending and agreeing to be fully bound by the terms. If any portion is held invalid, the remaining portion of the Agreement to Participate and Indemnification will continue in full legal force and effect. Participant and Parent/Guardian have read this agreement to participate and indemnification and fully understand its terms. This provision shall be interpreted as broadly as permitted by F.S.A. 744.301 or other applicable Florida law.

IMG ACADEMY EVENT PARTICIPATION AGREEMENT

The participant, as set forth below (the “Participant”), desires to attend and/or participate in camp(s), training(s), boarding school, tournament(s), event(s) and/or other activities operated by IMG Academy, LLC (“Company”) (each an “Event” and collectively, the “Events”), including any other events or activities related thereto (including without limitation Participant’s travel to and from the Events, and participation in recreational athletic or entertainment activities in which Participant elects to engage, in each case, whether taking place in connection with, before, during, or after the Event(s) (each an “Activity” and collectively, the “Activities”). As lawful consideration for being permitted to attend and/or participate in the Activities, and for other good and valid consideration, Participant and/or his/her/their parent/legal guardian, on behalf of himself/herself/themselves (as applicable throughout) (together, the “Releasors”) agrees to the terms and conditions set forth in this Event Participant Agreement (this “Agreement”).

Representations and Warranties of the Participant. Releasors hereby represent and warrant that, (a) the Participant has not received any test result indicating that the Participant is a carrier of the COVID-19 coronavirus disease and any mutations and/or derivatives thereof (collectively, “COVID-19”), whether or not symptomatic, in the past 20 days (b) the Participant is not experiencing any symptoms of COVID-19 as of the date hereof, including, but not limited to, shortness of breath, chest pain, loss of taste or smell, coughing, fever and tiredness (collectively, the “Symptoms”), (c) the Participant has not knowingly been in contact with anyone who has/may have tested positive for or experienced symptoms of COVID-19 including, but not limited to, the Symptoms, in the past 14 days (d) the Releasors have consulted with (or have decided in his, her or their sole determination not to consult with) a medical professional with respect to all of the risks, dangers and Harms associated with the Covered Matters (as defined below) due to the COVID-19 pandemic and has not been advised by any licensed physician or other medical professional not to attend any of the Activities, (e) the Releasors have been given ample opportunity to read, and has carefully read, this entire Agreement, (f) the Releasors certify that they have made such an investigation into the facts pertinent to this Agreement and of all matters pertaining thereto as they have deemed necessary, that the Releasors fully understand the contents of this Agreement, that the Releasors are of sound mind and that the Releasors intend to be legally bound by this Agreement, (g) the Releasors are aware that this Agreement is, among other things, a release of liability for future injuries and a contract between the Releasors and the Company and the other Released Parties (as defined below) and that the Participant or Participant’s parent/legal guardian is signing this Agreement of his, her or their own free will and is not subject to duress of any kind and (h) the Releasors have been given the opportunity to review this document with their own legal counsel prior to signing (or have decided not to do so).

Covenants. The Releasors hereby agree that the Participant (a) may be required to submit to medical screening and other procedures requested by the Company (collectively, the “Procedures”), and represent and warrant that they have and will deliver to the Company true, complete and accurate copies of any and all questionnaires, reports, test results or other information requested by the Company (collectively, the “Reports”), and (b) will comply with all applicable laws, rules, regulations and guidelines in connection with the Activities, and the Covered Matters, including any and all rules and guidelines provided to the Participant and/or Releasors by the Company. If the Participant fails to comply with the Procedures, then the Company shall have the unilateral right in its sole discretion to prohibit the Participant from participating in the Activities. The Releasors agree and acknowledge that the Company, its affiliates and its and their respective representatives may use and disclose the Reports and the results of the Procedures to the fullest extent permitted by law. The Releasors further agree that the Releasors will notify the Company if the Participant is experiencing any symptoms of illness, including, but not limited to, the Symptoms, as soon as possible. The Releasors, for themselves and on behalf of all of the Releasing Parties, shall be solely liable for and will bear the full and complete costs of any and all medical treatment or disability and all other costs associated with the Symptoms, Harms, the Carrier Risk and all other harms, risks, dangers and injuries associated with COVID-19.

Assumption of Risk. The Releasors fully understand and agree that the Participant’s preparation for, travel for, lodging, attendance at, contact with and consumption or use of the Accommodations (as defined below), participation in connection with the Activities (collectively, the “Covered Matters”) may lead to exposure to COVID-19 and that contraction of COVID-19 may result in severe and permanent damage to the health of the Participant and/or others, including, but not limited to, death, fever, weight loss, irreversible pulmonary, respiratory and/or neurological system damage, mental or emotional distress, temporary or permanent disability, loss of income, loss of employment, loss of financial or other opportunities, medical expenses, cleaning expenses, mandatory self-quarantine, (collectively, the “Harms”). Releasors acknowledge that even if the Participant fully recovers from COVID-19, a brief or prolonged illness may cause the Participant to suffer one or more of the Harms. The Releasors fully understand and agree that if (a) the Participant contracts COVID-19 or (b) the Participant or any of the Participant’s clothing, accessories, personal items or other possessions or property becomes a carrier of COVID-19 in connection with the Activities, the Participant (even if the Participant does not exhibit any of the symptoms of COVID-19) will put other individuals with whom the Participant interacts or is in contact with in connection with or following the Activities at risk of contracting COVID-19, suffering the Harms, and transporting COVID-19 to other individuals with whom they interact, which such other individuals will also be at risk of suffering the Harms and other consequences associated with contracting or carrying COVID-19, as a result of such interactions or contact (such risk, the “Carrier Risk”). The Releasors acknowledge and agree that the Participant is engaging in the Covered Matters and accepting the Accommodations voluntarily and that the Releasors are fully aware of, and hereby assume, the risk of exposure to COVID-19 associated with the Covered Matters and the exceptional dangers and health risks associated therewith, including, but not limited to, the Harms and the the Carrier Risk.. The Releasors acknowledge and agree that the Company will not provide the Releasors with access to any health, medical or other insurance policies of the Company or any third party. The Releasors acknowledge that any food, beverages or other consumables, facilities, equipment and hospitality, lodging, travel or other accommodations provided or arranged by or on behalf of the Company and/or secured by the Participant in connection with the Activities (collectively, the “Accommodations”) may directly or indirectly expose the Participant to COVID-19, the Harms and the Carrier Risk. The Releasors represent that the Releasors have knowingly evaluated and hereby accept and assume any and all risks, foreseen or unforeseen, associated with the Participant’s participation in and/or attendance at the Activities, including, but not limited to, with respect to the Harms, the Carrier Risk, and all other harms, risks and dangers associated with COVID-19. The Releasors acknowledge that the foregoing is not an exhaustive list of the risks and dangers the Participant will be exposed to as a result of the Activities, and the Releasors voluntarily and freely accept and assume these and all other such risks and dangers the Participant may encounter or be exposed to and understands and acknowledges that the waivers, releases and indemnities in this Agreement expressly apply to these risks and dangers (whether foreseen or unforeseen).

Liability Waiver & Release. In full knowledge and complete assumption of all of the risks, the Releasors, for themselves and, to the extent applicable, on behalf of their spouse, domestic partner, children, parents, grandparents, and each of the foregoing’s estate, heirs, assigns, executors, and administrators (the Releasors collectively with the foregoing, the “Releasing Parties”) hereby irrevocably agree that the Releasing Parties will not sue or claim against the Company or any of its affiliates, and each other person or entity who attends, participates in or provides services in connection with the Activities and the respective directors, officers, members, managers, employees, agents, service providers, sponsors, business partners, contractors, partners, equity holders and representatives, in their individual, personal and representative capacities for each of the foregoing entities, and each of the foregoing’s estate, heirs, assigns, executors, administrators and affiliates (the “Released Parties”) for any injury, illness, damage, loss or harm, including death or disability, to any Releasing Party or such Releasing Party’s property, whether in connection with COVID-19 or otherwise, resulting or arising out of or in any way related to the Participant’s preparation for, travel for, participation in, and/or attendance at the Activities, including, but not limited to, in connection with any of the Accommodations. In consideration for the opportunity to participate in and/or attend the Activities, and with full knowledge and complete assumption of any and all risks, the Releasing Parties hereby forever voluntarily release, discharge, waive and relinquish any and all past, present and future claims and causes of action, specifically including, but not limited to, any claims based on negligence or gross negligence, that they may have against the Released Parties, as a result of any injury, illness, damage, loss or harm, including death or disability, to any Releasing Party or such Releasing Party’s property, whether in connection with COVID-19 or otherwise. The Releasors, on behalf of themselves and the Releasing Parties, acknowledge that such Releasing Party may hereafter discover facts in addition to or different from those which such Releasing Party now knows or believes to be true with respect to the subject matter hereunder, but it is such Releasing Party’s intention to fully and finally and forever settle and release any and all matters, disputes and differences, known or unknown, suspected and unsuspected, which do now exist, may exist or heretofore have existed between any Releasing Party and any Released Party with respect to the subject matter hereunder.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF COMPANY USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND COMPANY HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

Indemnification.The Releasors, on behalf of themselves and the Releasing Parties, hereby covenant and agree that no Releasing Party shall hereafter bring any claim against any Released Party arising from, and shall indemnify, defend and hold harmless the Released Parties from any claims, expenses (including attorneys’ fees) and damages arising from, relating to or in connection with, this Agreement or the Covered Matters, including claims by Releasing Parties or third parties alleging negligent or intentional acts or omissions by the Releasors or any other Released Party.

ARBITRATION/DISPUTE RESOLUTION. All claims or disputes between the Releasing Parties and the Released Parties, including those arising out of or related to this Agreement or to Participant’s activities with Company (collectively the “Disputes”) will be resolved through binding, confidential arbitration conducted in accordance with the then current Consumer Arbitration Rules of the American Arbitration Association.

I REPRESENT THAT I HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF MYSELF AND MY MINOR CHILD (AS APPLICABLE), KNOWING THAT I AM WAIVING THE ABILITY TO BRING CERTAIN CLAIMS/ SEEK CERTAIN REMEDIES ON BEHALF OF MYSELF AND MY MINOR CHILD, THAT I AM WAIVING MY AND MY MINOR CHILD’S RIGHTS TO BRING CLAIMS IN COURT, AND THAT I AM ACCEPTING, ON BEHALF OF MYSELF AND MY MINOR CHILD, VARIOUS RISKS (KNOWN AND UNKNOWN). I AM INTENTIONALLY WAIVING SUCH RIGHTS AND ACCEPTING SUCH RISKS. THIS AGREEMENT SHALL BE INTERPRETED AS BROADLY AS PERMITTED BY F.S.A. 744.301 OR OTHER APPLICABLE FLORIDA LAW.

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