ELITE AMERICAN FOOTBALL LEAGUE
RELEASE AND WAIVER OF LIABILITY AND REFUND POLICY
This Release and Waiver of Liability (the Release) sets forth terms and understandings with respect to the undersigned’s participation in league or individual sports programs offered by Elite American Football League inc and is executed in its favor and that of its directors, officers, employees, board members and agents (collectively, EAFL). Participant desires to participate and engage in the activities provided by the Elite American Football League inc. Participant understands that activities include vigorous physical activity. Participant’s signature indicates Participants acknowledgement and agreement, without duress, of the following terms and conditions:
WAIVER AND RELEASE: I understand that participation in the programs and the events involves risks and dangers of serious bodily injury, including but not limited to transmission of virus such as the COVID-19 virus, disability or death (RISKS), that these RISKS may be caused by the negligence, recklessness, action or inaction of myself or others, that there may be other risks and social and economic losses not known or foreseeable. I understand that there are all sorts of risks of illness, injury or death inherent in any program of physical exercise. Common risks include, but are not limited to, increased pulse and respiration, joint injury, fatigue, and possible blood clotting, pulled muscles, dehydration, broken bones, communicable disease, and heart failure. Participant further understands that risks can be intensified and become severe in participants with certain high level of risk factors including but not limited to high blood pressure, obesity, diabetes, weight, substance use, organ/joint or other disease/disorder. I fully accept and assume all such RISKS and responsibility to the extent permitted by law for losses, costs and damages I incur as a result of my participation in the programs and the events provided by the Elite American Football League. THIS RELEASE AND WAIVER SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK BY THE PARTICIPANT. I further acknowledge, attest and represent as follows:
1. I voluntarily wish to enter and participate in the Elite American Football League and its programs and events;
2. I understand that such participation involves arduous and strenuous athletic activities;
3. I am qualified, in good health, physically fit and in proper physical condition to participate in the Elite American Football League and its programs and have been encouraged to seek medical advice for any concern I may have regarding same;
4. I understand my physical limitations and am sufficiently self-aware to stop physical activity before I become ill or injured;
5. I will obey all rules and regulations for participation in the program and the events and the failure to do so may result in my disqualification and loss of privileges;
6. I will inspect and examine all conditions with which I am involved and relating to the programs and events I participate in and, if I observe any condition which I consider to be unacceptably hazardous or dangerous, I will notify Elite American Football League and will refuse and refrain from taking part until the condition has been corrected to my satisfaction.
7. I acknowledge and understand that participants must be eighteen (18) years of age or older to participate in the Elite American Football League . Participant does hereby release and forever discharge and hold harmless the Elite American Football League from any and all liability, claims and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from Participants participation in the sport programs offered or sponsored by the Elite American Football League . Participant understands and acknowledges that this Release discharges the Elite American Football League from any liability or claim that the Participant may have against the Elite American Football League with respect to any injury, illness, or death that may result from Participant’s participation in the program, whether caused in whole or in part by Participant’s negligence or the negligence of the Elite American Football League or its officers, directors, board member, or agents or otherwise. Participant also understands that the Elite American Football League does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to health or disability insurance, in the event of injury or illness.
COVID-19: By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending the Elite American Football League activities 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 may result from the actions, omissions, or unintentional negligence of the Elite American Football League and others, including, but not limited to, employees, volunteers, and program participants and their families. I agree to comply with any recommendations put forth by the CDC, and to follow any and all state guidance pertaining to COVID-19, mask wearing, hand sanitizing, and any other proffered guidance on same, and to hold the Elite American Football League harmless for any result of catching and/or transmitting this or any other communicable disease.
MEDICAL TREATMENT: Participant understands that the Elite American Football League has no responsibility to detect factors that may increase illness or injury for Participant and that Participant should consult a physician before beginning or participating in a program. Participant does hereby release and forever discharge the Elite American Football League from any claim whatsoever that arises or may hereafter arise on account of any first aid, treatment or service rendered as a good Samaritan in connection with the Participant’s participation in the Sport.
INSURANCE: The Participant understands that the Elite American Football League does not carry or maintain health or disability insurance coverage for any Participant. Each Participant is expected and encouraged to obtain his or her own health insurance coverage. PUBLICITY: Participant hereby irrevocably grants to the Elite American Football League, the right and authority to film, videotape, photograph and/or record, in any manner or medium, the Participant, and to use such film, videotape, photography and/or recordings (Products) in perpetuity, any number of times, for any purpose and in any manner or medium now or hereafter known in connection with the display, distribution, promotion, marketing or sale of Products by any means and through any channels, including, without limitation, in or on any website, marketing, advertising, promotions and packaging relating to the Elite American Football League. OTHER: Participant expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Florida, and that this Release shall be governed by and interpreted in accordance with the laws of the State of Florida. Participant agrees that in the event that any portion of the Release is held to be invalid, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable.
REFUND POLICY PLAYERS/COACHES/OWNERS. "There Are No Refunds". We reserve the right to delay league starts, and will incorporate all planned games into the revised schedule to the best of our ability. Delayed season starts are not grounds for a refund, including those delayed due to COVID-19 or any other communicable virus and/or act of God. In the case of excessive cancelled games due to weather, or any other circumstances causing a reduction in the number of games played, there will be no refund or credit for games not played. The Elite American Football League reserves the right to host make up games on bye weeks, or at the end of the regular season if necessary. No refunds shall be provided under these circumstances. If an unforeseen circumstance should occur and we have to cancel the season, we will offer options to anyone directly affected by the cancellation. IN WITNESS WHEREOF, Participant has read and voluntarily e-signed/physically signed this Release, and further agrees that no representations, statements, or inducements apart from the foregoing agreement have been mad