CAMP PARTICIPANT TERMS & CONDITIONS, WAIVER & RELEASE FORM

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I, the undersigned, have volunteered to have my child (the “Participant”), participate in a soccer camp and/or soccer clinic (the “Camp”) provided to me by one or more coaches from Holzer Soccer, Inc., a California corporation (the “Trainer”), which may include, but may not be limited to, soccer activity, training, and/or exercise (the “Services”), and that I accept the Terms & Conditions set hereinafter. In consideration of Trainer’s agreement to instruct and train the Participant, I, on behalf of myself and my agents, heirs and assigns, do here now and forever release and discharge and hereby hold harmless Trainer and its respective agents, heirs, assigns, vendors, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in this or any activity including any injuries resulting there from.

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THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF (1) EQUIPMENT BELONGING TO TRAINER OR TO MYSELF THAT MAY MALFUNCTION OR BREAK; (2) ANY SLIP, FALL, DROPPING OF EQUIPMENT; (3) AND/OR NEGLIGENT INSTRUCTION OR SUPERVISION.

Waiver & Release:
I hereby acknowledge that the Participant is physically fit and mentally capable of participating in sports, soccer, and/or exercise activities, and I am granting the Participant to voluntarily enter and assume all risks associated with participating in those activities. I have been informed of, understand and am aware that any sports or exercise, whether or not requiring the use of soccer equipment, is a potentially hazardous activity. I also have been informed of, understand and am aware that any sports, exercise, and/or soccer activity involve a risk of injury, including but not limited to falls, concussions, contacts with other participants, the effects of weather including rain, heat, and/or humidity, abnormal changes in blood pressure, fainting, a remote risk of heart attack or stroke, other serious disability or death, and/or the conditions of the training grounds and facilities, and that I am voluntarily granting the Participant to participate in these activities and using equipment with full knowledge, understanding and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury, regardless of severity, or death. 

I, the undersigned for ourselves, our heirs, executors and administrators hereby waive, release, and forever discharge Holzer Soccer, Inc. and each of their respective staffs, officers, agents, contractors, employees, representatives, owners, subsidiaries, and successors and assign of and from all rights and claims for damages, injury or loss to person or property which may be sustained or occur during participation in camp activities or while at camp, whether or not damages, injury or loss is due to negligence. I also hereby acknowledge that no refunds will be given due to any type of injury occurring during the camp.

I have been advised that an examination by a physician should be obtained by anyone prior to commencing sports, fitness, training, and/or exercise activities, or initiating a substantial change in the amount of regular physical activity performed. If I have chosen not to have the Participant obtain a physician’s consent prior to beginning this sports activity with Trainer, I hereby agree that I am granting the Participant to do so solely at my own risk. In any event, I acknowledge and agree that I assume the risks associated with any and all sports and fitness related activities, training, and/or exercises in which the Participant participates.

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I agree to waive the protection of any applicable statutes in this jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing said release. 

Consent For Medical Treatment:
I hereby give permission for the staff of the Holzer Soccer, Inc. to seek appropriate medical attention for the Participant and for the medical attention to be given and for the Participant to receive medical attention in the event of accident, injury, or illness. I will be responsible for any and all costs of medical attention and treatment.

Use Of Material For Promotional Purposes & Photography Consent & Release:
I understand while participating in this activity of Services I and/or the Participant may be photographed or filmed. I hereby give permission to Holzer Soccer, Inc. to use pictures and videos of I and/or the Participant to promote future events organized by Holzer Soccer, Inc. I give my permission with the following understanding: No compensation of any kind will be paid to me at this time or in the future for the use of my and/or the Participant’s name, image, and/or likeness. I agree to allow photos, videos, and/or film of I and/or the Participant to be used for any legitimate purpose by the Trainer and its activity holders, producers, sponsors, partners, organizers, and assigns, including but not limited to publication, distribution, illustration, promotion, advertising and/or trade. I understand the photos, videos, and/or film may be altered, modified, changed, combined and/or incorporated into other works. I hereby relinquish any rights I may have in the Images (including privacy, personality and publicity rights). I hereby release and discharge Trainer and photographer from all and any claims and demands ensuing from or in connection with the use of the photographs and/or videos, including any and all claims for libel and/or invasion of privacy. I understand if I do not wish to be photographed or filmed, I must inform Trainer in writing before this activity.

Cancellation & Refund Policy:
I understand that the Camp participant fee (minus any seller or credit card fees, such as fees associated with Venmo’s Purchase Protection Program) are refunded only if the request is made in writing via e-mail sent to coachmichaelholzer@gmail.com or via text message sent to (213) 663-6486 (with confirmation of receipt) at least 7 days before the start of the Camp. I understand no refunds are provided when cancellation requests are made less than 7 days before the start of the Camp, regardless of when payment is made. I understand  there will be no refunds after the camp has started. I understand there will be no refunds in the event that the Participant misses or does not show up (“no-show”) to the Camp, regardless of any communication regarding the no-show after the start of the Camp.

Camps are subject to change or cancellation without notice at any time for any reason, including if the number of participants registered is insufficient to host the camp. If the Camp is canceled, Holzer Soccer, Inc.’s liability is limited to a refund of the camp participant fee, minus seller and/or transaction fees and Holzer Soccer, Inc. will not be liable for any other costs, damages, or refunds of any kind for any loss, delay, inconvenience, disappointment, travel or other expense whatsoever in such circumstances. No refunds will be given if a Camp in progress has to be interrupted or canceled for reasons beyond Holzer Soccer, Inc.’s control.

Weather Policy:
I understand  Camp will continue rain or shine unless there are thunderstorms during inclement weather once the camp begins. In the event of thunderstorms during inclement weather once camp begins, all Participants will be asked to leave the field with their parents and/or legal guardian. 

Governing Law:
This agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The parties submit to the jurisdiction of the Courts of the State of California or a Federal Court empanelled in the State of California, County of Los Angeles, for the resolution of all legal disputes arising under the terms of this Agreement, including, but not limited to, enforcement of any arbitration award. Except as otherwise provided herein, if a dispute should arise between the parties including, but not limited to arbitration, the prevailing party shall be reimbursed by the non-prevailing party for all reasonable expenses incurred in resolving such dispute, including reasonable attorneys' fees.

Entire Agreement:
Except as provided herein, this agreement contains the entire agreement of the parties, and supersedes all prior and existing negotiations, representations, and/or agreements and all other oral, written, or other communications between them concerning the subject matter of this agreement. There are no representations, agreements, arrangements, or understandings, oral or written, between and among the parties hereto relating to the subject matter of this agreement that are not fully expressed herein. If any provision of this agreement is unenforceable, invalid, or violates applicable law, such provision, or unenforceable portion of such provision, shall be deemed stricken and shall not affect the enforceability of any other provisions of this agreement.

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I understand the contents in this Camp Participant Terms & Conditions are subject to change hereof at any time.

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I acknowledge that I have thoroughly read this form in its entirety and fully understand that it is a release of liability. By signing this document, I am waiving any right I or my successors might have to bring a legal action or assert a claim against Trainer for its negligence or that of its employees, agents, or contractors.

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This form is an important legal document that explains the risks you are assuming by participating in soccer, sports, and/or exercise lessons. It is critical that you have read and understand this document completely. If you do not understand any part of this document, it is your ultimate responsibility to ask for clarification prior to signing it.