WAIVER AND RELEASE OF LIABILITY

IN CONSIDERATION OF the risk of injury that exists while participating in SEABROOK BALL HOCKEY LLC (hereinafter the "Activity"); and 

IN CONSIDERATION OF my desire to participate in said Activity;

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and 

I HEREBY release and forever discharge Seabrook Ball Hockey LLC, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity. In choosing to participate in a ball hockey league, I fully accept and assume all risk, whether before, during or after each ball hockey game and any events related to ball hockey activities. These include, without limitation, physical injury, mental injury, emotional distress, trauma, sickness, illness, death, contact with other participants, equipment failure, inadequate safety equipment, the effects of weather, and participating in other events at the facility location(s). 

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF ALL FORESEEABLE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY. UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. I further agree to assume all medical costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. I shall assume and pay my own medical and emergency expenses in the event of injury, illness or other incapacity regardless of whether I authorized such expenses.

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits. I agree not to participate in the Activity unless I am medically able. I agree that this activity is strictly for fun, to follow all rules and regulations set forth by Seabrook Ball Hockey LLC, good sportsmanship is expected, and not to engage in any physicality more than light hip checks and light stick checks below the hands. I will participate in ball hockey within the limits of my own abilities and in a manner so as not to endanger either myself or others. I agree to abide by the decision of Seabrook Ball Hockey LLC or its representative regarding my eligibility to participate in the Activity. 

I FURTHER ACKNOWLEDGE that certain equipment is required for this activity, including a hockey stick, running shoes, hockey gloves and a helmet with a cage or visor. Additional protective equipment is strongly encouraged for this activity, such as shin guards, elbow pads, padded shirt and cup/jock. 

I FURTHER ACKNOWLEDGE that this activity may have multiple playing locations. All playing facilities must be respected, and all rules or city ordinances followed where applicable. All equipment must be removed after play. No glass or pets are allowed in the playing area.

CONSUMPTION OF ALCOHOLIC BEVERAGES OR DRUGS IS STRICTLY PROHIBITED WHILE PARTICIPATING IN ACTIVITY AND AT ACTIVITY LOCATION.

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Seabrook Ball Hockey LLC AND ALL AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Seabrook Ball Hockey LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.

I agree that this Release shall be governed for all purposes under Florida law, without regard to any conflict of law principles. This Release supersedes all previous oral or written promises or other agreements.

In the event that any damage to property, equipment or facilities occurs as a result of my or my family's or my agent's willful actions, negligence or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such willful actions, of negligence or recklessness.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY. 

THIS AGREEMENT is to be interpreted as an agreement between two parties of equal bargaining strength. Participant agrees that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, and will be interpreted in accordance with the purposes for which it is entered into.

If a court of competent jurisdiction should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. 

I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.