In consideration of being allowed to participate with Brandon’s Football Association (hereinafter, BFA) sports programs, related events and activities (Program), I agree as follows:
- I hereby warrant and represent, on behalf of myself individually, that I'm in good physical condition and have no disabilities, impairments, or ailments, preventing me/us from engaging in this activity. The nature of this Program and play involves physical activity, contact with other persons, and potential risk of serious bodily injury and death. I acknowledge that I am desirous of participating in sporting events sponsored by BFA, knowing these risks, both seen and unforeseen, and assume full responsibility for my participation. I further understand, acknowledge, warrant and represent that BFA and the City of Houston, Texas (the City) laws, regulations and policies strictly prohibit the use or consumption of alcohol or illicit drugs while at a City Park or while participating in any Program, and that I shall abide by such laws, regulations and policies.
- I further understand that BFA, its owners, directors, officers, agents, or affiliates, do not carry or maintain health, medical, or disability insurance coverage for any participant, nor is BFA, its owners, directors, officers, agents or affiliates, or its successors and assigns, covered by workers compensation insurance. I acknowledge that each participant is expected and encouraged to obtain his or her own medical, health and disability insurance coverage.
- I FULLY UNDERSTAND THAT THIS WAIVER AND RELEASE FROM LIABILITY FULLY DISCHARGES BFA, ITS OWNERS, DIRECTORS, OFFICERS, OFFICIALS, AGENTS, VOLUNTEERS AND EMPLOYEES, AFFILIATES, SUCCESSORS AND ASSIGNS (RELEASEES), FROM ANY LIABILITY OR ANY CLAIM THAT I, OR MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN MAY HAVE AGAINST RELEASEES WITH RESPECT TO ANY BODILY INJURY, ILLNESS, DEATH, PROPERTY DAMAGE OR LOSS THAT MAY RESULT FROM MY ENGAGEMENT WITH RELEASEES, INCLUDING POSSIBLE EXPOSURE TO AND ILLNESS FROM INFECTIOUS DISEASES INCLUDING BUT NOT LIMITED TO MRSA, INFLUENZA AND COVID-19. WHILE SOME RULES AND PERSONAL DISCIPLINE MAY REDUCE THIS RISK, THE RISK OF SERIOUS ILLNESS OR DEATH DOES EXIST.
- I FULLY UNDERSTAND THAT RELEASEES DO NOT ASSUME ANY RESPONSIBILITY TO PROVIDE FINANCIAL OR OTHER ASSISTANCE, INCLUDING BUT NOT LIMITED TO MEDICAL, HEALTH, OR DISABILITY INSURANCE IN THE EVENT OF INJURY OR ILLNESS TO MYSELF. I, AND ON BEHALF OF MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN HEREBY RELEASE RELEASEES FROM ANY CLAIM RESULTING FROM FIRST AID, TREATMENT, OR MEDICAL SERVICE RENDERED OR NOT RENDERED IN CONNECTION WITH MY ACTIVITIES WITH BFA AND THE PROGRAM.
- I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS BFA, ITS OWNERS, DIRECTORS, OFFICERS, OFFICIALS, AGENTS, VOLUNTEERS AND EMPLOYEES, AFFILIATES, SUCCESSORS AND ASSIGNS, FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR PART BY MY PARTICIPATION IN THE PROGRAM.
- I hereby grant and convey unto BFA, its owners, officers, agents and affiliates, successors, and assigns, all right, title and interest in any and all photographic images and video or audio recording made by BFA during the course of the Program, including any royalties, proceeds, or other benefits derived from such photographs or recordings.
- I HEREBY WAIVE ALL RIGHTS I HAVE TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE ARISING UNDER THIS WAIVER AND RELEASE FROM LIABILITY OR FROM MY PARTICIPATION IN THE PROGRAM. I HEREBY REPRESENT THAT I HAVE FULLY READ AND UNDERSTAND THE TERMS OF THIS WAIVER AND RELEASE FROM LIABILITY, AND HAVE HAD THE OPPORTUNITY TO SEEK INDEPENDENT COUNSEL BEFORE SIGNING THIS WAIVER AND RELEASE FROM LIABILITY. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY EXECUTING THIS WAIVER AND RELEASE FROM LIABILITY, AND THAT I AM EXECUTING THIS WAIVER AND RELEASE FROM LIABILITY VOLUNTARILY AND OF MY OWN ACCORD WITHOUT ANY INDUCEMENT.