SPORTING CLUB RELEASE AND WAIVER OF LIABILITY
The Undersigned for himself/herself as a participant, and on behalf of his/her child or ward as participant, as applicable (the “Undersigned”), hereby forever releases and discharges OnGoal, LLC d/b/a Sporting Kansas City and its affiliated entities including but not limited to Sporting Club USL, LLC, Sporting Fields + Athletics, LLC, Blue Roof Entertainment, LLC, Kansas Stadium Partners, Inc., Kansas Unified Development, LLC, Kansas City Soccer Foundation dba the Victory Project, Children’s Mercy, Major League Soccer, LLC, and Soccer United Marketing, LLC their respective assignees, successors, officers, directors, agents, representatives, employees, subcontractors, sponsors and/or corporate partners, shareholders, partners, members and affiliates (collectively, the “Sporting Entities”) from all present and future liabilities, debts, obligations, costs, expenses, damages, losses, charges, judgments, executions, liens, claims, demands, actions or causes of action of whatever nature or description, in equity or a law (herein, the “Released Claims”), which the Undersigned may now have, or may or could or shall hereafter have against the Sporting Entities, whether known or unknown, suspected or unsuspected asserted or not asserted, arising out of activities related to and participation in the Event, even if the risk and liabilities that the Undersigned is releasing by this Release and Waiver of Liability arise out of the negligence or carelessness of the Sporting Entities, whether active or passive, or from any hidden, latent or obvious defects in any of the facilities or equipment used, of one or more of the Sporting Entities.
Further, for valuable consideration, the receipt of which is hereby acknowledged, the Undersigned grants the Sporting Entities or any entity connected with the Event, the rights to use the participant’s image, likeness and name in connection with marketing and promotional activities. This grant includes, without further obligation, the rights to use and publish participant’s image, voice, likeness, photograph, biographical information, and videotaped footage individually or in conjunction with others in any medium, including television, video, print, Internet and any and all other media for advertising promotional and trade purposes in conjunction with this and similar promotions in perpetuity, without any notice or further compensation. The Undersigned understands that any photos, films, videos, audio or other visual, audio or digital images created become the sole property of the Sporting Entities for any use, including for commercial purposes. The Undersigned understands that he/she will have no claim to compensation, benefits, rights or royalties. The Undersigned will not hold the Sporting Entities responsible for the use of images or information by any party, in any form.
The Undersigned represents and warrants to the Sporting Entities that he/she has full power and authority to execute and deliver this Release. The Undersigned further indemnifies and holds harmless the Sporting Entities from any and all claims, charges, liabilities, obligations and demands (including reasonable attorneys’ fees) brought against the Sporting Entities in connection with the Event, whether now existing or arising in the future, and accepts all legal responsibility for his/her actions or participation at the Event. The Undersigned understands, acknowledges and accepts that this Release is intended to be binding on the Undersigned, the Undersigned’s family, estate, heirs, executors, administrators and assigns.
The Undersigned further understands, acknowledges and accepts that participation in the Event, a public athletic/sports event, involves certain inherent risks, including but not limited to serious bodily injury (including death), or risks of communicable illness and agrees that he/she is voluntarily participating in the Event with full knowledge of the risks involved and accepts such risk.
The Undersigned understands, acknowledges and accepts the possibility that the Undersigned or his/her successors may not now fully know the number or magnitude of all the Released Claims, but nevertheless intends to assume the risk by releasing such unknown claims, and agrees that this Release and Waiver of Liability is a full and final release and waiver of all the Released Claims. This Release is the complete agreement between the Undersigned and the Sporting Entities and supersedes all prior agreements or understandings, written or oral. This Release may not be amended or modified other than by a written agreement executed by the parties hereto or their respective successors and legal representatives.
This Release shall be governed by and construed in accordance with the laws of the State of Kansas, without reference to the principles of conflict of laws. The Undersigned acknowledges and accepts that if any portion of this Release and Waiver of Liability is invalid, the remainder will continue in full legal force and effect. The parties agree to arbitrate any dispute in Kansas City, Kansas before a mutually agreeable arbitrator using the rules of the American Arbitration Association then in effect. The parties reserve the right to appeal any arbitration award.
Each of the paragraphs contained in this Release shall be enforceable independently of every other paragraph in this Release, and the invalidity or non-enforceability of any paragraph shall not invalidate any other paragraph contained in this Release. This Release has been entered into voluntarily and not as a result of coercion, duress, or undue influence.