Liability Waiver and Publicity and Media Release Form Universal Sports Academy
 

In exchange for my being allowed to use, and/or my guest(s) being allowed to use, facilities operated by a

RELEASEE (defined below) at 330 Ferry Street, Martinez, California (the “PROPERTY”), I agree to the

following. I agree to be solely responsible for the safety and well-being of my guest(s) and myself and

agree to comply with all rules imposed by RELEASEE regarding the use of RELEASEE’S facilities and

equipment. I agree always to conduct myself in a controlled and reasonable manner, and to refrain from

using any equipment in a manner inconsistent with its intended design and purpose. I understand and

acknowledge that the use of exercise or training equipment or field space involves risk of serious injury,

including permanent disability and death. I understand and agree that RELEASEE is not responsible for

property that is lost, stolen, or damaged while in, on, or about the PROPERTY. I agree to have a

fingerprint or thumbprint or photograph used as an electronic identification method and to allow this to be

used as a check-in and security mechanism at RELEASEE’s facility. I agree and authorize RELEASEE to

photograph or video myself and/or my guest(s) during training activities and to use such photographs or

videos in brochures, newspapers, or other media describing or depicting its soccer or strength training

operations.

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AGREEMENT TO RELEASE, DEFEND AND INDEMNIFY

 

RELEASEE (defined below) will have no liability or responsibility of any sort for any CLAIM (defined

below). On behalf of each RELEASOR (defined below), I release each RELEASEE from all CLAIMS

against RELEASEE which any RELEASOR presently has or may have in the future, including CLAIMS

which the Releasor does not presently know or suspect to exist, and including all CLAIMS for any

personal injury, death or property damage any RELEASOR may suffer before or after signing this

agreement. If I or any other person, entity, business or group makes any CLAIM against a RELEASEE, I

will defend and indemnify RELEASEE, with attorneys selected by RELEASEE, against that CLAIM,

including the payment of all RELEASEE’s attorney’s fees, costs and expenses related to the CLAIM and

payment of all judgments, awards and settlement amounts related to that CLAIM. The terms of this

agreement apply even if the CLAIM is caused by RELEASEE’s active or passive negligence. I and each

RELEASOR waive all rights under California Civil Code Section 1542, which reads: “A GENERAL

RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES

NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR

HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

”.I and each RELEASOR understand the significance and consequences of this specific waiver of California Civil Code Section 1542.

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DEFINITIONS

“PROPERTY” means that real property including all land, buildings and other improvements at the

Property.“RELEASEE” means 330 Partners and/or Boom Flag LLC LLC, a California limited liability

company (“330 Partners and/or Boom Flag LLC”) Boom Flag LLC, Universal Sports GP (“Universal”),

and each subsidiary of 330 Partners and/or Boom Flag LLC and Universal; and the respective insurers,

employees, officers, members, managers, associates, and affiliates of each of the foregoing.

“RELEASOR” means each of: myself; each person who enters the PROPERTY as my guest or at my

request; and the respective heirs, executors, administrators, successors, assigns and insurers of each of

the foregoing.“CLAIM” means any claim, demand, liability, obligation or responsibility for any injuries or

damages of any sort (including, but not limited to, any injury to any person, death of any person, damageto any property or destruction of any property) suffered by me, or by any other RELEASOR, or by any

other person, entity, business or group, provided in each case: i) any RELEASOR suffers, causes,

permits or is alleged to be involved in any way in the occurrence of the injury or damage; and (ii) the

CLAIM is in any way related to any alleged act or omission of any RELEASEE at or respecting any of the

PROPERTY. I represent that either I am at least eighteen (18) years of age or my guardian is signing this

form with me.

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I HAVE READ THE FOREGOING AND VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL

KNOWLEDGE OF ITS CONTENT.

 

PUBLICITY AND MEDIA RELEASE FORM

For good and valuable consideration, the receipt of which I hereby acknowledge, I (the undersigned)

hereby give 330 Partners and/or Boom Flag LLC, and its affiliates, assigns, licensees and legal

representatives the irrevocable and unrestricted right to use, copy, reproduce, process, adapt, modify,

publish, transmit, display and distribute my Content, the Recordings and my Image in any and all media

now known or hereinafter created, my picture, portrait, photograph, video, likeness and other renderings

or images of me, and all testimonials, quotes, or other statements provided by me or taken or developed

by 330 Partners and/or Boom Flag LLC (“Materials”) in all forms of media, including without limitation

photographs, video, print advertisements, newsletters, brochures, websites and social media sites

(collectively, “Media”) and in all manner, including electronic, Internet and online Media and/or composite

representations, for advertising, promotion, trade, training or any other lawful purposes. I understand and

agree that my Content and the Recordings, including any personal information, may be used in

connection with any of 330 Partners and/or Boom Flag LLC commercial or non-commercial purposes

including, without limitation, its sale to and/or use by 330 Partners and/or Boom Flag LLC approved third

parties, including 330 Partners and/or Boom Flag LLC or approved third parties presentations, press

conferences, printed publications, promotional materials, websites, testimonials about 330 Partners

and/or Boom Flag LLC or approved third parties’ products, and in the advertising of 330 Partners and/or

Boom Flag LLC or approved third parties’ and their respective affiliates’ goods or services, throughout the

world. 330 Partners takes steps to protect personal information that may be included in Content in

accordance with applicable laws. All Materials submitted by me are original, not in the public domain, and

do not infringe on any common law, statutory, or proprietary right of another or invade the privacy of any

person. I waive any right to inspect or approve the finished product or versions of the Materials, including

written copy that may be created in connection therewith. I hereby represent and warrant to 330 Partners

and/or Boom Flag LLC and its affiliates that: (a) I am at least eighteen (18) years of age or am

represented by my legal guardian who is at least eighteen (18) years of age; (b) I have the right to provide

the Content; (c) providing the Content does not violate any rights of any third party or policy, rule or

confidentiality obligation of my employer or any other third party; (d) the Content is true, correct and

complete and not deceptive or misleading; and (e) the Content is an accurate representation, and any

testimonial provided as part of the Content reflects my honest opinions, findings, beliefs or experiences.

The parties agree that: (1) nothing contained in this agreement shall be construed as making any party an

agent or employee of the other; (2) 330 Partners and/or Boom Flag LLC has no obligation to make use of

any of the rights set forth herein; and (3) I am not owed any monetary or other consideration for use of the

Content, Image or Recordings. This Agreement shall be governed by and construed in accordance with

the laws of the State of California, excluding its conflict of laws provisions. In the event that a translation

of this agreement is prepared and signed by the parties, this English language version shall be the official

version and shall govern if there is a conflict between the two. I expressly release 330 Partners and/or

Boom Flag LLC, its affiliates, agents, employees, licensees and assigns from and against any and all

claims which I have or may have for invasion of privacy, defamation, violation of any right to publicity,moral rights, or any other cause of action arising out of production, distribution, publication, broadcast or

exhibition of 330 Partners and/or Boom Flag LLC advertisements, promotions, content, programs and/or

materials in which any portion of the Materials appear. This consent and release shall be binding upon my

heirs, executors or assigns.

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CORONAVIRUS/COVID-19

Assumption of Risk and Waiver of Liability

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The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health

Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person

contact. As a result, federal, state, and local governments and federal and state health agencies

recommend social distancing and have, in many locations, prohibited the congregation of groups of

people. Order No. Ho-COVID19-09 issued by the Health Officer of Contra Costa County on April 29, 2020

has specifically authorized Childcare establishments, summer camps, and other educational or

recreational institutions or programs providing care or supervision for children of all ages that enable

owners, employees, volunteers, and contractors for Essential Businesses, Essential Governmental

Functions, Outdoor Businesses, or Minimum Basic Operations of any business to work, subject to certain

requirements. 330 Partners and/or Boom Flag LLC, LLC a California limited liability company and

Universal have taken steps to reduce the risk of spread of COVID-19; however, 330 Partners and/or

Boom Flag LLC and Universal cannot guarantee that you or your child(ren) will not become infected with

COVID-19. Further, attending and participating in activities at 330 Ferry Street facility could increase your

risk and your child(ren)’s risk of contracting COVID-19. By signing this agreement, I acknowledge the

contagious nature of COVID-19 and VOLUNTARILY ASSUME THE RISK THAT MY CHILD(REN) AND I

MAY BE EXPOSED TO OR INFECTED BY COVID-19 BY ATTENDING THE FACILITY AT 330 FERRY

STREET AND THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY,

ILLNESS, PERMANENT DISABILITY, AND DEATH. I understand that the risk of becoming exposed to or

infected by COVID-19 at the facility at 330 Ferry Street may result from the actions, omissions, or

negligence of myself and others, including, but not limited to, 330 Partners and/or Boom Flag LLC and/or

Universal employees, volunteers, and program participants and their families. I voluntarily agree to

assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself

(including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or

expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s

attendance at the facility at 330 Ferry Street or participation in 330 Partners and/or Boom Flag LLC

programs (“Claims”). On my behalf, and on behalf of my children, I HEREBY RELEASE, COVENANT

NOT TO SUE, DISCHARGE, AND HOLD HARMLESS , ITS EMPLOYEES, AGENTS, AND

REPRESENTATIVES, OF AND FROM ALL CLAIMS, including all liabilities, claims, actions, damages,

costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release

includes any Claims based on the actions, omissions, or negligence of 330 Partners and/or Boom Flag

LLC and/or Universal, its employees, agents, and representatives, whether a COVID-19 infection occurs

before, during, or after participation in any 330 Partners and/or Boom Flag LLC and/or Universal program.

I expressly and knowingly waive all rights under California Civil Code Section 1542, which

provides: "A general release does not extend to claims that the creditor or releasing party does

not know or suspect to exist in his or her favor at the time of executing the release and that, if

known by him or her, would have materially affected his or her settlement with the debtor or

released party."

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