Waiver of Liability, Release, Assumption of Risk & Indemnity Agreement; View as PDF HERE
It is the purpose of this Agreement to exempt, waive and relieve releasees from liability for personal injury, property damage, and wrongful death, including if caused by negligence, including the negligence, if any, of releasees. Throughout this Agreement, the words “team” and “club” may be used interchangeably, with the use of either word, in the singular or plural, also to be construed as including the other for the purposes of interpreting this Agreement, without limiting the effect of any clause by itself or in combination with others. Throughout this Agreement, the word “handball” shall be understood to encompass all disciplines of the sport of handball, including but not limited to indoor, beach, and field handball.
“Releasees” include US Handball Union, Inc., its affiliate associations, local associations, member teams and clubs, event hosts, other participants, coaches, officials, sponsors, advertisers, and for each of the previous, their officers, directors, agents and employees.
For and in consideration of the undersigned participant’s registration with US Handball Union, Inc., its affiliates, local associations and member teams and clubs (all referred to together as USHU) and being allowed to participate in USHU events and member team activities, participant (and the parent(s) or legal guardian(s) of participant, if applicable) waive, release and relinquish any and all claims for liability and cause(s) of action, including for personal injury, property damage or wrongful death occurring to participant, arising out of participation in USHU events, member team activities, the sport of handball, and/or activities incidental thereto, whenever or however they occur and for such period said activities may continue, and by this Agreement any such claims, rights, and causes of action that participant (and participant’s parent(s) or legal guardian(s), if applicable) may have are hereby waived, released and relinquished, and participant (and parent(s)/guardian(s), if applicable) does(do) so on behalf of my/our and participant’s heirs, executors, administrators and assigns.
Participant (and participant’s parent(s)/guardian(s), if applicable) acknowledge, understand and assume all risks relating to handball and any member team activities, and understand that handball and member team activities involve risks to participant’s person including bodily injury, partial or total disability, paralysis and death, and damages which may arise therefrom and that I/we have full knowledge of said risks. These risks and dangers may be caused by the negligence of the participant or the negligence of others, including the “releasees” identified above. These risks and dangers include, but are not limited to, those arising from participating with bigger, faster and stronger participants, and these risks and dangers will increase if participant participates in handball and member team activities in an age group, competitive level, or mixed-gendered grouping which participant would not normally participate in. I/We further acknowledge that there may be risks and dangers not known to us or not reasonably foreseeable at this time.
Participant (and participant’s parent(s)/guardian(s), if applicable) acknowledge, understand and agree that all of the risks and dangers described throughout this Agreement, including those caused by the negligence of participant and/or others, are included within the waiver, release and relinquishment described in the preceding paragraph. I/We agree to abide by and be bound under the rules of US Handball Union, including the By-Laws of the corporation and the arbitration clause provisions, as currently published. Copies are available to US Handball Union members upon written request. Participant (and participant’s parent(s)/guardian(s), if applicable) acknowledge, understand and assume the risks, if any, arising from the conditions and use of handball playing surfaces, courts, gyms, fields, or beaches and related premises (“Surfaces and Venues”) and acknowledge and understand that included within the scope of this waiver and release is any cause of action (including any cause of action based on negligence) arising from the performance, or failure to perform, maintenance, inspection, supervision or control of said areas and for the failure to warn of dangerous conditions existing at said Surfaces and Venues, for negligent selection of certain releasees, or negligent supervision or instruction by releasees.
As further consideration for registration and participation in USHU events and member team activities, participant (and the parent(s) or legal guardian(s) of participant, if applicable), hereby (1) consents and agrees that USHU, its licensees and designees may make video and/or audio recordings of and/or otherwise film, photograph or memorialize some or all of participant’s participation in such events and activities, and (2) grants to USHU, its licensees, designees, successors and assigns, a worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable and sublicensable right and license to use, copy and disseminate participant’s image and personal attributes, and to modify and present same in any form, manner and media, now known or hereafter devised, for any purpose whatsoever.
If the law in any controlling jurisdiction renders any part of this Agreement unenforceable, the remainder of this Agreement shall nevertheless remain enforceable to the full extent, if any, allowed by controlling law. This Agreement affects your legal rights, and you may wish to consult an attorney concerning this Agreement.
Participant (and participant’s parent(s)/guardian(s), if applicable) agree if any claim for participant’s personal injury or wrongful death is commenced against releasees, he/she shall defend, indemnify and save harmless releasees from any and all claims or causes of action by whomever or wherever made or presented for participant’s personal injuries, property damage or wrongful death. Participant (and participant’s parent(s)/guardian(s), if applicable) acknowledge that they have been provided and have read the above paragraphs and have not relied upon any representations of releasees, that they are fully advised of the potential dangers of handball and understand these waivers and releases are necessary to allow amateur handball to exist in its present form. Significant exclusions may apply to US Handball Union’s insurance policies, which could affect any coverage. For example, there is no liability coverage for claims of one player against another player. Coverage and Policy information can be requested from US Handball Union through its policy contact and acting Executive Director, or by email at info@handballus.org. Review coverage and policy information carefully and, if you have any questions, contact US Handball Union.
I understand and agree that electronically submitting my information and checking the form box acknowledging review and acceptance of this Agreement shall constitute a binding and valid legal signature on my behalf, or on behalf of myself and the minor participant for whom I am the parent/guardian, representing my acceptance and intention to be duly bound by this Agreement with US Handball Union.
I ACKNOWLEDGE THAT I AM OVER THE AGE OF 18 YEARS, HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ACKNOWLEDGING MY AGREEMENT TO IT, HAVE ACKNOWLEDGED AND AGREED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY
PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
You may also review or download this agreement as a PDF HERE.