AReEna Waiver

HERO LEAGUE, LLC DBA AREENA (“AREENA”) ACKNOWLEDGMENT & ASSUMPTION OF RISK AND RELEASE OF LIABILITY

By using the Areenasports.com website and/or mobile application, you are agreeing to be bound by the following terms and conditions. You understand and acknowledge that there are significant elements of risk in any sport or activity. Areena reminds you that any sport or activity you choose to engage or participate in has foreseeable and unforeseeable risks, and certain risks cannot be eliminated without destroying the unique and exciting character of the sport or activity. The same elements that contribute to the unique and exciting character of the sport or activity can be causes of serious injury to persons and/or death, and can occur by accident, through negligence, or even intentionally.

EXPRESS ASSUMPTION OF RISK:

YOU HEREBY ACKNOWLEDGE THAT YOUR PARTICIPATION IN ANY SPORT OR ACTIVITY YOU CHOOSE TO PARTICIPATE IN BY SIGNING UP THROUGH AREENA IS PURELY VOLUNTARY. IN RECOGNITION OF THE INHERENT RISKS OF THE SPORT OR ACTIVITY IN WHICH YOU MAY ENGAGE, YOU CONFIRMM THAT YOU ARE PHYSICALLY AND MENTALLY CAPABLE OF PARTICIPATING IN THE SPORT OR ACTIVITY. YOU PARTICIPATE IN THE SPORT OR ACTIVITY WILLINGLY AND VOLUNTARILY, AND YOU EXPRESSLY ASSUME THE RISK(S) OF ANY AND ALL PERSONAL INJURY AND/OR DAMAGES TO OR LOSS OF YOUR PERSONAL PROPERTY THAT OCCURS WHILE PARTICIPATING IN ANY SPORT OR ACTIVITY YOU HAVE CHOSEN AND SELECTED THROUGH AREENA. YOU ASSUME SUCH RISKS EVEN IF THE INJURY OR DAMAGE IS CAUSED BY THE NEGLIGENCE OF OTHERS, INCLUDING BUT NOT LIMITED TO: AREENA, AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, INSTRUCTORS, OR MANAGERS. YOU FURTHER ASSUME SUCH RISKS WHETHER THE SPORT OR ACTIVITY IN WHICH YOU ARE PARTICIPATING IS ORGANIZED OR UNORGANIZED, PART OF A LEAGUE, AND/OR PART OF A CLASS OR INSTRUCTIONAL. YOU ARE AWARE OF THE SPORT OR ACTIVITY YOU ARE ENGAGING IN AND YOU UNDERSTAND THE RULES AND RESTRICTIONS RELATED TO THE SPORT OR ACTIVITY. YOU EXPRESSLY AGREE TO ASSUME THE RISK(S) OF PERSONAL INJURY, ACCIDENTS AND/OR ILLNESS, INCLUDING BUT NOT LIMITED TO: SPRAINS, TORN MUSCLES AND/OR LIGAMENTS, FRACTURES OR BROKEN BONES, EYE DAMAGE, CUTS, WOUNDS, SCRAPES. ABRASIONS AND/OR CONTUSIONS, DEHYDRATION, EXPOSURE, SPINAL INJURIES, SHOCK, PARALYSIS, AND/OR DEATH.

RELEASE:

In consideration of being permitted to engage in the sport or activity and to use the facilities, equipment and/or services provided by Areena, you, on behalf of yourself and any minor children for whom you are the parent, legal guardian, or otherwise responsible, your spouse, your heirs, personal representatives and/or assigns, do hereby generally release Areena, its parent company, subsidiaries, directors, principals, officers, agents, managers, employees, and/or volunteers, and each and every land owner upon whose property the sport or activity is conducted (“Releasees”) from any and all claims, demand, and causes of action of whatever kind or character you may have against the Releasees, and you further generally release the Releasees from any and all liability, and you waive any claim(s) for damage arising from any cause whatsoever, including negligence. It is intended for this release to be as broad as possible and to include, but not be limited to claims for bodily, physical, emotional and/or personal injuries, mental anguish, pain and suffering, loss of consortium, loss of society and companionship, past and future medical expenses, lost wages, lost earning capacity or any other damage of any type that could have been made based upon your participation in the sport or activity and/or your use of the services provided by Areena. You agree that you have read and understand this Acknowledgment & Assumption of Risk and Release of Liability. You further agree and fully understand that by signing this form, you are waiving valuable legal rights.

HEALTH – CAPABILITIES

You represent that you are in good health and have no physical or mental limitations or problems that would affect your ability to engage in the sport or activity. You further represent and agree that you will not engage in the sport or activity beyond your capabilities and will not cause any third party to be endangered, injured, or otherwise damaged by any of your actions during the sport or activity.

INDEMNITY-ATTORNEY’S FEES-JURISIDICTION-VENUE:

In the event of any litigation involving any actions covered by this Acknowledgment & Assumption of Risk and Release of Liability, should Areena prevail in whole or part, you shall pay Areena’s reasonable attorney’s fees and costs, and you agree to indemnify and hold Areena harmless from any claims, demands, or causes of action which are related to participation in the sport or activity. You agree that sole jurisdiction and venue for any litigation involving any actions covered by this Acknowledgment & Assumption of Risk and Release of Liability shall be in Collin County, Texas. In the event that you file a lawsuit against Areena or any other Releasee, you agree to do so solely in Collin County in the State of Texas, and you further agree that the substantive law of Texas shall apply in the action without regard to the conflict law rules of any other state. You agree that if any portion of this Acknowledgment & Assumption of Risk and Release of Liability is found to be void or unenforceable, the remaining portions shall remain in full force and effect.


You certify that you have carefully read, clearly understand and have had sufficient opportunity to read this entire document and the terms and conditions stated herein. Further, you agree to be bound by its terms and acknowledge that this Acknowledgment & Assumption of Risk and Release of Liability shall be effective and biding upon my heirs, assignees, personal representatives and estate and for all members of my family, including minor children. I understand that is Acknowledgment & Assumption of Risk and Release of Liability is a contract and not mere recitals. You are signing this Acknowledgment & Assumption of Risk and Release of Liability of your own free will.

AUTHORIZATION FOR USE OF IMAGE AND LIKENESS:

I hereby authorize and grant Areena permission to create and/or obtain photographs, video or audio recordings, or any other likeness or image of myself (my “Likeness”) in connection with my participation and use of Areena’s services, for purposes of marketing, advertising and/or promoting Areena’s products and/or services, without payment or other consideration. I understand my Likeness may be copied/reproduced and distributed by means of various media, including, but not limited to digital and print marketing, advertising, promotional materials, and in connection with Areena’s web-based materials and digital software applications. I understand and agree that my Likeness will become the property of the Areena and will not be returned.

I hereby irrevocably authorize Areena to edit, alter, copy, exhibit, publish, or distribute my Likeness for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my Likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of My Likeness.I hereby hold harmless, release, and forever discharge Areena from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

COVID-19 WAIVER

  • I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.

  • I further acknowledge that Areena Sports has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.

  • I further acknowledge that Areena Sports can not guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, company staff, and other company clients and their families.

  • I voluntarily seek services provided by Areena Sports and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while participating in my match.

  • I attest that:

  • I have not traveled internationally within the last 14 days.

  • I have not traveled to a highly impacted area within the United States of America in the last 14 days.

  • I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.

  • I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non contagious by state or local public health authorities.

  • I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19 (https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html). This includes engaging in regular hand washing, maintaining social distance (6 ft.) from others, covering my mouth and nose with a mask when around others, covering my coughs and sneezes, cleaning and disinfecting, monitoring my health daily, and avoiding contact with at-risk populations (people with medical conditions including, but not limited to: weakened immune systems, diabetes, cancer, older adults, lung disease, and hypertension) for 14 days after play.

I hereby release and agree to hold Areena Sports harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the company, or that may otherwise arise in any way in connection with any services received from Areena Sports. I understand that this release discharges Areena Sports from any liability or claim that I, my heirs, or any personal representatives may have against the company with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Areena Sports. This liability waiver and release extends to the company together with all owners, partners, and employees.

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