1. Authority to Register and/or to Act as Agent
The activity for which you are registering (the '"Tryouts"') may be physically challenging and pose a risk of discomfort, illness, injury, and even death. It is your responsibility to ensure that you are in sufficient physical condition to participate in the "Tryouts" without risk to your health or your life. We do not conduct health or fitness checks on entrants. Some "Tryouts" may pose certain risks to participants and observers. We cannot remove risks to participants and observers and, accordingly, you participate and/or observe at your own risk. Where you have registered or entered on behalf of anyone under the age of 18 or have accompanied anyone under the age of 18 to observe the "Tryouts", you also agree to the contents of this Agreement and Waiver on behalf of the person under 18. In consideration of being permitted to register and/or participate in and/or observe the "Tryouts", on behalf of yourself and any personal representatives, assigns, heirs, executors, successors, next of kin, and persons supported by you (if relevant under the applicable laws), you understand that:
2. Assumption of Risk
IN CONSIDERATION OF THE ACCEPTANCE OF YOUR REGISTRATION AND PARTICIPATION IN THE "Tryouts", YOU ASSUME FULL AND COMPLETE RISK AND RESPONSIBILITY FOR ANY DISCOMFORT, ILLNESS, INJURY, OR ACCIDENT WHICH MAY OCCUR WHILE YOU ARE PREPARING FOR THE "Tryouts", DURING THE "Tryouts", WHILE YOU ARE ON THE PREMISES OF THE "Tryouts", OR WHILE YOU ARE TRAVELING TO OR FROM THE "Tryouts". YOU UNDERSTAND THAT, DEPENDING ON THE NATURE OF THE "Tryouts", PARTICIPATING IN THE "Tryouts" MAY BE HAZARDOUS, AND THAT YOU SHOULD NOT ENTER AND PARTICIPATE UNLESS YOU ARE IN SUFFICIENT PHYSICAL CONDITION TO PARTICIPATE. IF NEEDED, YOU SHOULD CONSULT YOUR DOCTOR BEFORE PARTICIPATING IN THE "Tryouts". IF APPLICABLE, YOU ACKNOWLEDGE AND AGREE THAT THE "Tryouts" MAY BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING THE "Tryouts" AND UPON WHICH HAZARDS ARE TO BE EXPECTED. YOU ALSO ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN THE "Tryouts" MAY CARRY WITH IT CERTAIN INHERENT RISKS AND DANGERS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM RISK OF MINOR DISCOMFORT TO CATASTROPHIC INJURIES INCLUDING PERMANENT DISABILITY AND DEATH. YOU ARE AWARE OF AND ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATING IN THE "Tryouts", INCLUDING, WITHOUT LIMITATION, RISKS OF PERMANENT INJURY OR DEATH DUE TO FALLS, OBSTACLES, CONTACT WITH OTHER PARTICIPANTS, ACTS OR OMISSIONS OF OTHER PARTICIPANTS, EFFECT OF WEATHER, TRAFFIC AND CONDITIONS OF ANY ROAD.
3. Representations
You represent and warrant that you are in sufficient physical condition to safely participate in the "Tryouts", and have no medical condition that would make your participation in the "Tryouts" more hazardous. You consent to medical care and transportation in order to obtain treatment in the "Tryouts" of injury to you and understand that this Agreement and Waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the "Tryouts" of an emergency and/or injury. You understand that no medical care may be available, but if it is, you assume liability for any and all medical expenses incurred as a result of your participation in the "Tryouts" (where such medical expenses are not provided on a free of charge basis by any medical services organizations, clinics, or hospitals), including, but not limited to ambulance transport, hospital stays, physician, and pharmaceutical goods and services.
4. Release and Waiver of Liability
YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE AND FOREVER DISCHARGE San Jose Rush AND ALL OTHER PERSONS ASSOCIATED WITH THE "Tryouts", FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE "Tryouts", INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE.
You represent and warrant to San Jose Rush that you have full legal authority and capacity to complete the registration for the "Tryouts", including this Agreement and Waiver, on behalf of yourself and/or, where applicable, any party for whom you are registering (the ''Registered Parties''), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, (a) ''San Jose Rush'' means and includes JSC Soccer Club its partners, licensors, and any and all subsidiaries, affiliated entities, or entities that control, are controlled by, or are under common control with San Jose Rush singly or together and its and each of their officers, employees, contractors, subcontractors and agents and each of their agents, representatives, successors and assigns; and (b) ''you'' or ''your'' means and includes you (as an individual) and all other Registered Parties for whom you are registering, and by virtue of agreeing to this Agreement and Waiver, for whom you are waiving certain rights.