RELEASE OF LIABILITY, WAIVER, AND ASSUMPTION OF RISK
Winter Park Youth Sports, LLC d/b/a Winter Park Flag Football ("WPFF")
THIS IS A BINDING LEGAL DOCUMENT. PLEASE READ IT CAREFULLY BEFORE SIGNING OR OTHERWISE ACKNOWLEDGING CONSENT.
You have the right to refuse to sign or otherwise acknowledge consent to this Release of Liability, Waiver, and Assumption of Risk (this “Waiver”). WPFF has the right to refuse registration, attendance, and/or participation by you and/or your minor child(ren) or ward(s) if this Waiver is not signed or acknowledged. References to a minor child or ward do not apply where inapplicable, such as for participants who are 18 years of age or older and are signing solely on their own behalf.
In consideration of being permitted to register for, attend, and/or participate in any Winter Park Flag Football league, game, practice, camp, clinic, training session, or other activity organized, hosted, or sponsored by WPFF (collectively, the “Event”), I, on behalf of myself and my minor child(ren)/ward(s) (individually and collectively, “Child”), acknowledge that such attendance and/or participation is entirely voluntary, and I understand and agree as follows:
1. Inspection
Before I or my Child participate in the Event, I and my Child will inspect the facilities, equipment, and amenities to be used, will immediately notify WPFF staff of any unsafe condition observed, and will refuse to participate (without guarantee of reimbursement) until any such condition has been remedied.
2. Release of Liability, Covenant Not to Sue, and Indemnity
On behalf of myself, my Child, and our respective heirs, executors, personal representatives, assigns, and estates, I agree to: (a) waive and release all liabilities, claims, demands, causes of action, injuries, damages, costs, or expenses of any nature (including reasonable attorneys’ fees) (collectively, “Claims”) arising from the risks inherent to attendance and/or participation in the Event, whether such risks are open and obvious or otherwise; and (b) release, covenant not to sue, and forever discharge the Released Parties (defined below) from all Claims arising out of or in any way connected with my or my Child’s attendance and/or participation in the Event, including Claims alleging negligence by any Released Party.
I agree to indemnify and hold harmless, from and against any and all Claims: (a) Winter Park Youth Sports, LLC d/b/a Winter Park Flag Football, and its owners, members, and affiliated entities; (b) any Event sponsors; and (c) the officers, directors, employees, coaches, referees, contractors, volunteers, agents, and representatives of each of the foregoing (collectively, the “Released Parties”). This indemnity covers Claims based on negligence, action, or inaction of any Released Party, and covers bodily injury (including death), property damage, and loss by theft or otherwise, whether occurring before, during, or after the Event.
3. California Residents
If I am a California resident, I expressly waive all rights under Section 1542 of the California Civil Code, 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.”
4. Third-Party Venues
To the extent the Event is held at a third-party field, park, or facility, I agree that I and my Child are bound by all rules and conditions of that venue, in addition to this Waiver, and that the Released Parties have no liability for the acts or omissions of any such third-party venue.
5. Assumption of Risk
I understand that there are inherent and potential risks in attending and/or participating in the Event, and that by signing this Waiver I voluntarily assume all such risks on behalf of myself and my Child, including but not limited to the risk of:
(a) Serious emotional, physical, and/or bodily injury — including broken bones; joint, muscle, or internal organ injuries; head, neck, and back injuries including concussions; partial or permanent disability; injuries from running, cutting, diving, or reaching for a flag; sudden stops or changes of direction; throwing or catching a football; contact or collision with another participant or with facility infrastructure; heat- or cold-related illness; cuts and lacerations; communicable illness or disease; and cardiac events, notwithstanding coaching, instruction, and protective measures;
(b) Property damage;
(c) Risks arising from the conduct of other participants, coaches, officials, or spectators; from pre-existing health or medical conditions that may be aggravated by participation; from weather and field conditions; and from the limits of available medical response at the venue;
(d) An inherent risk of exposure to COVID-19 and other communicable diseases exists in any public place where people are present. By attending and/or participating in the Event, I voluntarily assume all risks related to exposure to COVID-19, on behalf of myself and my Child. COVID-19 is a highly contagious disease that can lead to severe illness and death. WPFF cannot guarantee that I or my Child will not be exposed to or infected with COVID-19 or any other communicable disease, and no amount of care, caution, instruction, or expertise can eliminate that risk; and
(e) Other risks not reasonably foreseeable at this time.
The foregoing risks are collectively referred to as the “Risks.”
6. Insurance
I understand that I am solely responsible for obtaining any life, health, accident, or other insurance I or my Child may need or want in connection with participation in the Event, at my own expense.
7. Participant Representations
I represent to the Released Parties that: (a) no warranty has been made to me regarding the condition of any facility, equipment, or amenity used in connection with the Event; (b) I am familiar with, and will comply with, the rules and any orientation materials applicable to the Event; (c) the Released Parties are relying on the truth of the representations made in this Waiver; and (d) this Waiver is intended to be as broad as permitted under Florida law, and if any portion is held invalid, the remaining portions will remain in full force and effect.
8. Accompanying Individuals
If other individuals accompany me to the Event who have not individually signed this Waiver, I represent that I am authorized to, and do, bind them to the terms of this Waiver, and I agree to indemnify the Released Parties against any Claims brought by any such accompanying individual.
9. Dispute Resolution; Jury Trial Waiver
Any dispute, controversy, or Claim arising out of or relating to this Waiver — including its breach, validity, or application to the Event — shall be resolved exclusively in the state or federal courts located in Orange County, Florida, and I irrevocably consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum. To the fullest extent permitted by law, I knowingly and voluntarily waive any right to a jury trial in connection with any such dispute.
This Waiver does not require binding arbitration.
10. Governing Law
This Waiver shall be governed by the laws of the State of Florida, without regard to its conflict-of-law provisions, except where the law of your state of residence requires otherwise.
11. Severability
If any provision of this Waiver is held invalid or inapplicable to me, my Child, or any accompanying party, that provision shall be treated as struck from this Waiver, and all remaining provisions shall continue in full force and effect.
12. Photo, Video, and Publicity Release
I grant WPFF the right to photograph, film, and/or record me and my Child, and to use, edit, and publish our names, images, likenesses, voices, and Event results in any media — including WPFF’s website, social media, team rosters, schedules, and promotional materials — for advertising, publicity, or promotional purposes, without compensation to me or my Child and without further approval required. WPFF is under no obligation to use any image or footage captured. I agree to indemnify WPFF against any Claims arising from this grant.
13. Good Physical Condition
I certify that I, and my Child (as applicable), are physically fit to participate in the Event, with the skill level and mental state required, and I have not been advised otherwise by a medical professional.
14. Medical Authorization
I authorize WPFF staff, coaches, or on-site medical/athletic-training personnel to administer emergency first aid or arrange medical treatment for me or my Child if I am unable to act on my own or my Child’s behalf. I understand that any athletic trainer or medical personnel present at an Event provide limited services and are not a substitute for prompt medical care, and I acknowledge it is my responsibility to seek medical treatment as needed, at my own expense. The Released Parties have no duty or liability arising from the provision of, or failure to provide, medical treatment.
15. Falsifying Information
Registration information (including age, grade, and residency) must be true, complete, and accurate, as WPFF forms teams and divisions based on age and grade appropriateness. Falsifying registration information may result in immediate removal from the Event without refund and may affect eligibility for future WPFF seasons. Requests to be grouped with a specific individual may be submitted with registration and will be considered where feasible, but are not guaranteed.
16. WPFF Code of Conduct
I will be a positive role model for my Child, will show respect and courtesy toward all players, coaches, officials, staff, and spectators, and will not engage in unsportsmanlike, threatening, or vulgar conduct at any game or practice. I will not confront officials or coaches on the field, and will direct any concerns to the appropriate WPFF staff at an appropriate time. I am responsible for ensuring that any family members or guests accompanying me also comply with this Code of Conduct. WPFF may, in its sole discretion, remove any participant, family member, or guest from an Event, or suspend them from future WPFF seasons, for violation of this Code of Conduct.
17. Refund Policy
WPFF does not issue monetary refunds. Processing, convenience, and other transaction fees are non-refundable under all circumstances. All refund and credit requests must be submitted by email to WPFF.
Cancellations: A request made before jerseys/uniforms are ordered for the season (generally about three weeks before kickoff) receives a 100% credit toward a future WPFF season. A request made after jerseys are ordered but before the second game of the season receives a 50% credit. Requests made after the second game of the season are not eligible for any credit or refund.
Injury or Illness: Credit requests based on injury or illness require supporting documentation and are subject to WPFF’s review and approval.
WPFF-Initiated Cancellations: If WPFF cancels an Event or season before the fourth game due to circumstances beyond its control, affected participants receive a 50% credit. If cancellation occurs after the fourth game, no credit is issued. If WPFF cancels or merges a division due to low enrollment, affected participants (outside of mergers) receive a 100% credit.
All credits expire two (2) years from issuance, apply only toward a future WPFF season, and are non-transferable.
Affirmation of Consent
By signing below (by hand signature, electronic signature, or checkbox), I certify that: (i) I have read and understand this Waiver; (ii) I am 18 years of age or older and, if signing on behalf of my Child, I am the Child’s parent or legal guardian; (iii) my and my Child’s registration information is true and complete; (iv) I have read and agree to the WPFF Code of Conduct and Refund Policy above; and (v) I consent and agree to all of the foregoing on behalf of myself and my Child, and understand this Waiver is a binding legal agreement.
