I, the undersigned being the lawful parent and/or guardian of the above-named Child, hereby consent to the participation by the Child in the activity's curriculum, programs, and care (the “Program”) conducted by XP League, and its directors, officers, employees, agents, and authorized personnel (collectively, the “Provider”), and to the participation of the Child in all events related to said Program.
I. Services Provided. In exchange for the payment(s), assumptions of risk, releases of liability, and/or waivers of liability described below, Provider agrees to provide an esports program for children ages 7 to 17 play for school age students. The provider reserves the right to dismiss any child or student that violates the rules of conduct for the Program. Grounds for dismissal shall be as determined in the sole discretion of Provider, and such dismissal shall not relieve Parent of any duties or payment obligations already incurred, nor entitle Parent to any refund. Furthermore, the Program requires active participation of Child in accordance with the Program’s curriculum.
II. Payment for Services. Payment for the Program(s) listed above shall be payable and responsible for the full cost as advertised at time of advertised program less any applicable discounts. Parent acknowledges that they have chosen to participate in Lakeland XP League.
III. Emergency Medical Treatment. In the event of a medical emergency, the Program staff will first use reasonable efforts to contact the parent(s) and /or guardian(s) before administering or authorizing any treatment. However, Parent understands that Provider does not have medical personnel available at the Facility. Parent agrees and hereby grant Provider permission to authorize emergency medical treatment, if necessary, to Child. Parent understands and agree that Provider assumes no responsibility for any injury or damage which might arise out of or in connection with such authorized emergency medical treatment. Parent further states that there are no undisclosed health-related reasons or problems which preclude or restricts Child from undertaking the Program, and that Child has adequate health insurance to provide for and pay any medical costs that may be attendant because of injury to Child. Parent further acknowledges that it is Parent’s sole responsibility to notify, inform, and update Provider of any medical conditions of Child, including but not limited to known drug and food allergies, known dietary restrictions, and other medical conditions.
IV. Marketing Release. Parent grants permission to Provider, its agents, and employees, the irrevocable and unrestricted right to reproduce photographs, video, audio recordings, or any other reproduction of Parent’s image, Child’s image, or images of Parent and Child’s family (hereinafter collectively known as “Images”) which Provider has taken during the course of Child’s participation in the Program, for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or in any medium. Parent hereby releases Provider of all claims and liability relating to said images or video.
V. Acknowledgment, Acceptance, and Assumption of Risks. This document provides and imparts sufficient warning that dangerous conditions, risks, and hazards risks inherent in utilizing the Program. Parent understands that Child’s presence and participation in the Program may expose them to such dangerous conditions, risks, and hazards, which include, but are not limited to, theft or destruction of personal property, personal injury of Child or Parent at the Facility, including those injuries caused by another child, and all other foreseeable injuries to Child or myself arising out of the Program. On behalf of Parent and Child, the undersigned Parent, voluntarily signs this Waiver and Assumption of Risk on behalf of myself and Child in favor of Provider, in consideration for the opportunity to have my Child participate in the Program(s) offered by Provider, and engage in other activities sponsored by Provider, including but not limited to: interactions with staff and other students, interaction with computer technology and the internet, consumption of food, and any indoor or outdoor activities related to the curriculum or Program(s). I hereby attest and verify I have been sufficiently advised of the potential risks, and I have full knowledge of the risks of my Child’s involvement in these activities. I assume any expenses incurred in the event of an accident, illness, or other incapacity, regardless of whether I have authorized such expenses. Knowing the dangers, hazards, and risks of such activities and in consideration of my Child’s participation in the Program, I also agree to assume all risks inherent of my Child’s violation of the laws of the State of Florida, as well as any violation of the Program code of conduct.
VI. Representations Before Signing Agreement. I further agree that this Release shall be construed in accordance with the laws of the State of Florida, and the venue for enforcement of this agreement shall be in Polk County. If any term or provision of this Release shall be held illegal, unenforceable, or in conflict with any governing law, the validity of the remaining portions shall not be affected thereby. All provisions of this Agreement are binding upon me, my heirs, successors and assigns and the estate.
BY SIGNING THIS AGREEMENT, I REPRESENT AND SPECIFICALLY WARRANT THE FOLLOWING:
(a) I am the parent or legal guardian of Child, and have full authority to execute this Agreement; (b) I have had ample opportunity to read this Agreement and have so done; (c) I fully understand and voluntarily agree to each term of the Agreement; (d) I am under no duress or requirement to sign this Agreement; (e) I have not been induced to sign this Agreement by the statement or conduct of Provider; (g) I have the personal mental competency and legal capacity to understand and enter into this Agreement on behalf of myself and Child; and (h) I am over the age of 18.
VII. Release of Liability. THIS IS A RELEASE OF LEGAL RIGHTS. READ AND BE CERTAIN
YOU UNDERSTAND BEFORE SIGNING.
PARENT DOES HEREBY WAIVE, RELEASE, ACQUIT, FOREVER DISCHARGE, AND COVENANT NOT SUE PROVIDER, ITS OWNERS, AGENTS, EMPLOYEES, AND ALL PERSONS AND ENTITIES OF, FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, COSTS, LOSS OF SERVICES, EXPENSES, AND COMPENSATION, ON ACCOUNT OF OR IN ANY WAY GROWING OUT OF, ANY AND ALL KNOWN OR UNKNOWN PERSONAL INJURIES, PERSONAL PROPERTY DAMAGE, OR DEATH RESULTING FROM CHILD’S ATTENDANCE OF THE PROGRAM. SHOULD PARENT OR PARENT’S SUCCESSORS ASSERT ANY CLAIM IN CONTRAVENTION TO THIS AGREEMENT, PARENT AND PARENT’S SUCCESSORS SHALL BE LIABLE FOR THE EXPENSES INCLUDING LEGAL FEES INCURRED BY THE OTHER PARTY OR PARTIES IN DEFENDING UNLESS THE PARTY OR PARTIES ARE ADJUDICATED FINALLY LIABLE ON SUCH CLAIM. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND THE TERMS OF THIS RELEASE ARE CONTRACTUAL AND NOT A MERE RECITAL. THIS RELEASE EXTENDS TO AND INCLUDES, BUT IS NOT LIMITED TO, ALL DAMAGES OF EVERY KIND, COMPENSATORY, STATUTORY, CONTRACTUAL, AND EXEMPLARY, ALLEGEDLY OCCURRING BOTH IN THE PAST AND WHICH ALLEGEDLY MAY OCCUR IN THE FUTURE, WHICH COULD BE ASSERTED BY PARENT, CHILD, OR BY OTHERS CLAIMING DAMAGES FROM ANY INJURIES PARENT OR CHILD MAY SUSTAIN AS A RESULT OF PARENT’S EXECUTION OF THIS AGREEMENT OR CHILD’S PARTICIPATION IN THE PROGRAM; INCLUDING ALL PREJUDGMENT AND POST-JUDGMENT INTEREST; AND ANY AND ALL OTHER ALLEGED DAMAGES, ALL LOSSES AND EXPENSES OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, AND WHICH ARE OR MAY BE ATTRIBUTABLE TO PROVIDER OR PROVIDER’S EMPLOYEES, OFFICERS, OR AGENTS, ALL OF WHICH ARE RELEASED