HCFC General Release and Waiver of Liability

GENERAL RELEASE AND WAIVER OF LIABILITY

PARTICIPANT:  PLEASE READ CAREFULLY BEFORE SIGNING.  THIS GENERAL RELEASE AND WAIVER OF LIABILITY (“Release”) HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS.

In consideration of being permitted to participate in the event or activity known as open tryouts for Huntsville City Football Club (the “Event”), the undersigned (the “Participant”), and if such Participant is under 18 years of age, then also the parent or legal guardian of such individual on his or her and my behalf (who shall also be considered a Participant for purposes of this release), agree to the following:

1. To the fullest extent permitted by law, Participant hereby knowingly, voluntarily, unconditionally, irrevocably, and forever releases, waives, and discharges Major League Soccer, L.L.C., MLS NEXT Pro and their member teams (collectively, “MLS”), Soccer United Marketing, LLC, Nashville Soccer Club LLC, Walsh Management LLC, NSH Nextco LLC, the City of Huntsville, Alabama, GEODIS Logistics, LLC, and each of their affiliated entities, corporate parents and subsidiaries, and each of their respective commercial sponsors, assignees, successors, officers, directors, agents, owners, representatives, administrators, employees, contractors, sub-contractors, all employees of contractors and subcontractors, shareholders, partners, members, affiliates, subsidiaries, companies, administrators, designees, licensees, designees, clubs, invitees, volunteers, all owners or lessors of premises used in connection with the Event and other personnel (collectively, the “Released Persons”) from any and all present and future claims, suits, actions, causes of action, liabilities, demands, damages, losses, judgments, debts, dues, payments, sums of money, liens, executions, responsibilities and accounts, costs, or expenses, of any nature whatsoever, including in law or equity, contingent or non-contingent, known or unknown, suspected or unsuspected, foreseen or unforeseen, matured or unmatured, accrued or unaccrued, asserted or unasserted, liquidated or unliquidated, whether past, present, or future, in any way relating to or arising from Participant’s participation in the Event (collectively “Claims”) that Participant or his/her child or ward, parent or legal guardian, family, estate, heirs, representatives, executors, insurers, administrators, successors or assigns (collectively, “Related Parties”) may have, whether known or unknown, suspected or unsuspected, asserted or not asserted. Claims may include or arise out of: (i) the ordinary negligence or carelessness, whether active or passive, of one or more of the Released Persons, (ii) personal injury, illness, or death; (iii) damage to, or loss or theft of, property (including, but not limited to, personal items, cars, and money); (iv) the receipt of medical care or treatment for any physical or mental condition (which shall be at Participant’s sole cost); (v) use of facilities, services, premises, and equipment; (vi) exposure to inclement weather and/or disease (including, but not limited to COVID-19); (vi) involvement in accidents of any kind; and (vii) the Rights by the Released Persons, including any defamation (including libel and slander), invasion of privacy, right of publicity, copyright infringement, or any other personal or property rights from or related to any exploitation of the Rights. Participant voluntarily and knowingly assumes all of the risks arising out of the participating in the Event and accepts personal responsibility for any and all Claims. 

2. Participant agrees to indemnify and hold the Released Persons harmless from Claims incurred by or brought against any of the Released Persons as a result of Participant, or any person on Participant’s behalf, including the Related Parties, asserting any Claims arising from, relating to, or in connection with activities for which Participant has acknowledged and assumed risk under which is covered by the waiver and release set forth in this Release.

3. Participant understands, agrees, acknowledges and accepts that (i) participation in the Event involves certain inherent risks and dangers that may result in accidents, property loss or damage, bodily injury, disability, or death regardless of the care and precautions taken by the Released Persons, and may include contact or collision with persons or objects, inadequate or negligent first aid and/or emergency measures, weather-related hazards, natural hazards, and certain other risks not known to Participant which are not reasonably foreseeable at this time; (ii) Participant is voluntarily signing this Release and participating in the Event with full knowledge of the risks involved and accepts all risks of participation, known and unknown; (iii) participation does not constitute a condition or requirement of employment with any of the Released Persons; (iv) Participant shall not be entitled to any compensation for its appearance at the Event or the Released Persons’ subsequent exploitation of the Rights; (v) Participant has and will refrain from any offensive or distasteful remarks or conduct and will conduct itself in a courteous and professional manner at all times during its participation at the Event; (vi) this Agreement is intended to be as broad and inclusive as permitted by applicable law; and (vii) Participant has been provided, has read, and will maintain strict adherence to the Event safety and security protocols (including the COVID-19 Protocols).

4. Participant further understands, agrees, acknowledges and accepts that that by participating in the Event, Participant may be exposed, or expose others, to contagious and potentially harmful or deadly diseases, including, but not limited to, the novel coronavirus SARS-CoV-2 and any resulting disease (collectively, “COVID-19”). Participant may also be exposed to risks due to exposure to large crowds (such as at the Event) and exposure to risks related to receipt of treatment for any physical or mental conditions.  Participant understands that (i) COVID-19 is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present; (ii) no precautions, including, but not limited to, the protocols that will be implemented from time to time by the Released Persons and/or third parties (including, but not limited to, federal and state governmental agencies) (collectively, the “COVID-19 Protocols”), can eliminate the risk of exposure to COVID-19; (iii) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to public health authorities (a) people with certain underlying medical conditions are or may be especially vulnerable, and (b) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to Participant’s family members and other contacts; and (iv) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition.  Participant also acknowledges that the COVID-19 Protocols may prove inadequate to prevent the exposure and transmission of COVID-19 and that it is possible that from time to time persons present at the Event may not comply fully with the COVID-19 Protocols.  Participant understands that the implementation of the COVID-19 Protocols does not guarantee that Participant will not be exposed to or contract COVID-19 as a result of his or her attendance at the Event or pass COVID-19 on to others, including, but not limited to, family members of Participant. 

5. Participant understands that it is Participant’s responsibility to continuously monitor its own physical and mental condition during the Event, and agrees to withdraw immediately and notify appropriate personnel if at any point its continued participation would create a risk of danger to itself or to others. Participant authorizes the Released Persons and any licensed health care provider designated by any of the Released Persons to provide medical treatment to Participant, should the need arise. Participant understands that this authorization is given in advance of any specific diagnosis, treatment or hospital care, and that it is given to provide the Released Persons and any licensed health care provider designated by any of the Released Persons with authority to seek medical treatment as they judge necessary for Participant. Participant further agrees to pay all costs associated with such medical treatment and to indemnify and hold harmless the Released Persons from any Claims arising from such medical treatment. Participant understands, acknowledges and accepts that he or she must provide his or her own medical insurance for Participant. Any desired life, accident, travel, property or other insurance relating to participation in the Event is solely Participant’s responsibility. Released Persons will not provide any such insurance for Participant’s benefit.

6. Participant consents to be recorded, photographed, and videotaped related to the Event, and hereby irrevocably and perpetually authorizes any of the Released Persons to copyright and make derivative works from, publish, reproduce, exhibit, transmit, broadcast, televise, license, digitize, display, use, and/or permit others to use (i) Participant’s name, image, likeness, and voice, and (ii) all photographs, recordings, videotapes, audiovisual materials, depictions, writings, statements, and quotations of or by Participant obtained related to the recording of the Event (collectively, the “Materials”), in any manner, form, or format whatsoever now or hereinafter created, including, but not limited to, on the Internet and in social media, and for any lawful purpose without payment to Participant or consent beyond this Release, including, the advertising or promotion of the Released Persons and/or the Event (the “Rights”). Participant understands that the Released Persons are under no obligation to use the Materials. Participant agrees all statements made by Participant in the Materials will be true and correct, and that all of the Materials, and all films, audiotapes, videotapes, reproductions, media, plates, negatives, photocopies, and electronic and digital copies of the Materials are the sole property of MLS. Participant further agrees not to contest the rights or authority granted to the Released Persons hereunder. Participant hereby waives any moral rights to the Materials and right to inspect, edit or otherwise approve Materials, and modes of the use thereof as described above.

Participant understands the terms of this Release including that Participant is hereby giving up substantial legal rights, and further agrees that no oral representations, statements or inducement contrary to anything contained herein have been made by MLS or any of its employees or agents or any of the other Released Persons.  Participant expressly agrees that (a) this Release is governed by the laws of the State of New York, USA, and that if any portion hereof is held invalid, it is agreed that the balance shall nonetheless continue in full legal force and effect; and (b) for the purposes of any action or proceeding arising out of or related to this Release, Participant expressly submits to the exclusive jurisdiction of all federal and state courts located in the State of New York.  This Release may be executed and delivered by electronic means.

If not signed by a parent or legal guardian below, Participant represents that it is eighteen (18) years of age or older, and Participant acknowledges that MLS and each of the Released Persons is relying on the grant of rights contained herein.  If signed by a parent or legal guardian, the parent or legal guardian acknowledges that it has explained the risk of participating in the Event to Participant.

AGREED TO AND ACCEPTED:

Name of Event city (or other notes - for MLS use only):  Huntsville City FC 2024 Open Tryouts