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Liability & Media Waiver


Parties
THIS AGREEMENT is entered by and between (the “Participant”) (or the Participant’s parent or legal guardian, if the Participant is a minor) and Strike 1st Soccer, LLC (“Strike 1st”). If the Participant is a minor, the person signing this Liability & Media Waiver Form (the “Waiver”) on behalf of the Participant represents and warrants that he or she is in fact the legal guardian or parent of the Participant. 
Liability Waiver 
Strike 1st operates a physically demanding soccer training program. The Participant will be involved in soccer-related activities, which include, but are not limited to, one-hour training sessions that focus on footwork, speed, agility, and ball-handling skills. Learning the game of soccer will be integral to the training sessions, and the Participant will be required to utilize both physical and mental abilities in the exercise of all soccer-related activities. 
THE PARTICIPATE WILL PARTICIPATE IN ACTIVITIES THAT INVOLVE RISKS AND DANGERS OF SERIOUS PHYSICAL HARM, POSSIBLE DEATH, AND/OR PROPERTY DAMAGE, INCLUDING, BUT NOT LIMITED TO: INJURIES, SUCH AS SUCH AS SPRAINS, TEARS, AND FRACTURES IN THE BODY; CUTS AND BRUISES; CONCUSSIONS; AND ILLNESSES RELATED TO HEAT, WEATHER, AND COMMUNITY-SPREAD INFECTIONS. 
BY SIGNING THIS WAIVER, I ACKNOWLEDGE THAT THE PARTICIPANT WILL VOLUNTARILY PARTICIPATE IN STRIKE 1ST TRAINING PROGRAMS. I ACKNOWLEDGE, AGREE AND AM FULLY AWARE THAT SOCCER-RELATED ACTIVITIES INVOLVE MANY RISKS, DANGERS AND HAZARDS. I RECOGNIZE THAT THERE ARE KNOWN AND UNKNOWN DANGERS AND RISKS TO THE PARTICIPANT’S PHYSICAL WELL-BEING ASSOCIATED WITH ACTIVITIES OF THIS TYPE. I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF STRIKE 1ST OR OTHERWISE. I AGREE, ACKNOWLEDGE AND CONSENT THAT MY CHILD IS PHYSICALLY ABLE AND HEALTHY TO PARTICIPATE IN SOCCER-RELATED ACTIVITIES. 
I agree to waive, release, and discharge from any and all liabilities, claims, actions, damages, costs, or expenses of any nature whatsoever, whether law or equity, known or unknown, both present and future (collectively, “Claims”), against Strike 1st (Strike 1st Soccer, LLC), Rachel Hines, and any of Strike 1st’s directors, officers, members, managers, affiliates, employees, volunteers, representatives and agents, event holders, event organizers, event sponsors, event directors, and property owners (collectively and individually known as “Releasees”) arising from or in any way related, directly or indirectly, to the Participant’s participation in any Strike 1st training session or its soccer-related activities, including, but not limited to, those Claims related to the negligence of Strike 1st or any other Releasee. I covenant not to make or bring any such Claim against Strike 1st or any other Releasee, and I forever release and discharge Strike 1st and all other Releasees from liability under such Claims. 
For myself and my heirs, executors, administrators, legal representatives, assignees, and successors in interest, I agree to defend, indemnify, and hold harmless Strike 1st Soccer, LLC, and the Releasees against any and all losses, damages, liabilities, claims, actions, judgments, settlements, awards, penalties, costs, or expenses of whatever kind, including reasonable attorney’s fees, fees and costs of enforcing any right of indemnification under this Waiver, and the cost of pursing any insurance providers, arising or resulting from any claim or action of harm, injury, damage, or loss which 
the Participant may suffer, cause, and/or contribute while participating in Strike 1st’s training session or its soccer- related activities. 
The release and indemnification provisions provided hereinabove shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. If any part of the Waiver, including the release and indemnification provisions, shall be found by a court of competent jurisdiction to be void or unenforceable for any reason, that finding shall in no way affect the remainder of the release, indemnification provisions, or any other portion of this Waiver. 


Media Waiver

I consent to the use by Strike 1st or its affiliates of any and all photographs, videos and other representations and any reproductions of the Participant for purpose of promoting Strike 1st, including sale, publication, display and exhibition without compensation to or for the benefit of the Participant. I also consent to the use of the Participant’s name in connection with any such materials. I agree that such materials and negatives shall constitute the property of Strike 1st and its affiliates with the full right of distribution. 
Miscellaneous Provisions I agree that this Waiver contains the entire agreement between me and Strike 1st and that this Waiver supersedes and replaces all prior negotiations, proposed agreements, agreements or representations, whether written or oral. I acknowledge that Strike 1st has not made any representation, warranty, promises or covenant whatsoever, express or implied, not contained in this Waiver to induce me to execute this Waiver. I agree that this Waiver, and any claims related to this Waiver, whether such claims are in the nature of tort, contract, or otherwise, shall be construed in accordance with the laws of the State of Georgia. All matters arising from or relating to this Waiver shall be brought in the federal and state courts of White County, Georgia, and I hereby consent to the exclusive jurisdiction of such courts. For any proceedings, whether legal or administrative, that involve the enforcement of this Waiver; the prevailing party shall be entitled to recover such party’s reasonable attorney’s fees and costs and all reasonably related fees and costs o enforcing or defending such party’s rights in respect to this Waiver. 
I REPRESENT AND WARRANT THAT: (I) I HAVE READ THIS WAIVER CAREFULLY; (II) I UNDERSTAND THAT THIS WAIVER CONTAINS A RELEASE OF LIABILITY, WHICH WILL LEGALLY PREVENT ME AND OTHERS FROM RECOVERING DAMAGES IN THE EVENT OF INJURY OR DEATH OF THE PARTICIPANT ARISING FROM OR RELATED IN ANY WAY TO HER OR HIS PARTICIPATION IN THE STRIKE 1ST TRAINING PROGRAM OR ITS SOCCER-RELATED ACTIVITIES; (III) I HAVE FULL RIGHT AND AUTHORIZATION TO WAIVE, RELINQUISH AND COMPROMISE THOSE CLAIMS SET FORTH HEREINABOVE; (IV) I HAVE NOT PREVIOUSLY ASSIGNED, CONVEYED OR PLEDGED TO ANY THIRD-PARTY PERSON AND CLAIMS RELEASED BY THIS WAIVER; (V) I AM KNOWINGLY AND VOLUNTARILY RELEASING AND WAIVING CLAIMS AGAINST STRIKE 1ST AS SET FORTH HEREINABOVE; (VI) I HAVE EXECUTED THIS WAIVER VOLUNTARILY; AND (VII) THIS WAIVER IS BINDING UPON ME OR ANYONE CLAIMING ON BEHALF OF ME, AND MY RESPECTIVE HEIRS, ASSIGNS AND LEGAL AGENTS OR REPRESENTATIVES.

 

Cancellation Policy 
Your session is reserved. We do not cancel sessions except in extreme events, such as dangerous weather or a power outage. If we do have to cancel training for whatever reason, we will send an email and/or a text to those impacted by the closure. A player cancellation or missed visit leaves a hole in the trainer's day that could have been filled by another client. We do not offer refunds. Players can attend 2 pre-set makeup dates. We offer no other makeups. We follow Georgia Soccer guidelines regarding injury and illness related withdrawals, meaning we will issue a refund or credit, but will require a doctor’s note before issuing. 

Terms and Conditions

1. Introduction

These terms and conditions govern your use of the online services provided by Strike 1st Soccer, LLC ("the Company"), including but not limited to accessing our website, mobile application, or any other related platforms.

By accessing or using our services, you agree to be bound by these terms and conditions. If you disagree with any part of these terms and conditions, you must not use our services.

2. Definitions

"Service" refers to the services provided by the Company through our website or other platforms or in person.
"User" refers to anyone who accesses or uses our services.
"Content" refers to any material, including text, images, videos, or other multimedia formats, uploaded, posted, or transmitted through our services.
"Intellectual Property" refers to trademarks, logos, copyrights, patents, trade secrets, or any other proprietary rights owned by the Company.
3. Use of Services

Users must be at least 18 years old or of legal age in their jurisdiction to use our services.
Users are responsible for maintaining the confidentiality of their account information and passwords.
Users must not engage in any activity that may disrupt or interfere with our services, including but not limited to hacking, spamming, or transmitting viruses.
4. User Content

By submitting content to our services, users grant the Company a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content.
Users are solely responsible for the content they submit, and the Company does not endorse or guarantee the accuracy, integrity, or quality of any user-generated content.
5. Intellectual Property Rights

All intellectual property rights in our services, including but not limited to trademarks, logos, copyrights, and patents, are owned by the Company or its licensors.
Users may not use our intellectual property without prior written consent from the Company.
6. Limitation of Liability

The Company shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of our services.
The Company does not warrant that our services will be uninterrupted, secure, or error-free.
7. Indemnification

Users agree to indemnify and hold the Company harmless from any claims, damages, losses, or liabilities arising out of their use of our services or violation of these terms and conditions.
8. Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of Athens, GA.
9. Modifications

The Company reserves the right to modify or amend these terms and conditions at any time without prior notice. Users are encouraged to review these terms periodically for any changes.
10. Severability

If any provision of these terms and conditions is found to be invalid or unenforceable, such provision shall be severed from the remaining provisions, which shall remain in full force and effect.
11. Contact Information

If you have any questions or concerns about these terms and conditions, please contact us at info@strike1stsoccer.com
By using our services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.

Last updated: March 4, 2024
 

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