RELEASE, WAIVER AND ASSUMPTION OF RISK 2024

RELEASE, WAIVER AND ASSUMPTION OF RISK

Name of Event: Any and all Dinamite Volleyball Activities offered within the 2024 calendar year (hereinafter “DVC Activities”).

Date of Event: 2024 calendar year.

This is a legally binding release, waiver and assumption of risk made by me parent/guardian of the participant (hereinafter “I” or “parent/guardian”), to Dinamite Volleyball Club (hereinafter the “DVC”). I wish my son/daughter to participate in the above event on the date(s) indicated and I hereby agree as follows:

1. Acknowledgment of Risk: I recognize that there are inherent and other risks, which may or may not all be listed in this document, associated with the DVC Activities. These dangers include but are not limited to falling; striking padded or unpadded surfaces; being injured by balls, posts, other objects, or the actions or inactions of participants, instructors, or spectators; equipment failures; risks associated with playing on hard surfaces and sand; risks associated with encounters with animals and insects; potential exposure to communicable disease such as viruses and bacteria in connection with use of the facilities; and illness or injury resulting from engaging in physical activity. I recognize the potential harsh conditions set by the elements the facility can become hot and cold. I recognize that if I encounter these risks, serious injury or death may result, and I understand that no amount of care, caution, instruction or expertise can eliminate these risks. I understand that I alone am responsible to decide whether to engage in the DVC. I confirm that I am physically and mentally capable of participating in the DVC Activities, and I understand that if my mental or physical condition changes after the execution of this agreement such that I am not capable of participating in the DVC Activities, I am obligated to cease participating in the DVC Activities. I understand that it is my responsibility to comply with all posted procedures, including safety procedures and hygiene procedures intended to lessen the likelihood of the spread of disease between participants and/or staff.

2. I acknowledge and understand that as part of my son/daughter participation in this event there are dangers, hazards, and inherent risks to which I may be exposed, including the risk of serious physical injury, temporary or permanent disability, and death, as well as economic and property loss. The dangers, hazards and risks may arise from my own actions, inactions, or negligence as well as from the actions, inactions or negligence of others, or the condition of the premises. I also acknowledge and understand that there may be other dangers, hazards or risks not presently known or reasonably foreseeable. Participation in the event includes travel to and from the event.
3. To the extent that my son/daughter engage in activities that are not a part of the event and from which I may sustain personal injury or other damage to myself or property, or cause others to be injured or sustain other damage, including damage to their property, I understand that the DVC and its employees, agents, volunteers, or assigns will not be held responsible.

4. In consideration of the right to participate in the event, I agree to assume all dangers, hazards and risks arising from my participation in the event. This agreement is binding to my heirs and assigns.

5. I agree that in connection with my son/daughter participation in the event, to adhere to all of the policies and procedures of the DVC, jurisdictional laws and ordinances, laws of the State of California and of the United States government. If I fail to adhere to the above‐stated policies, procedures, and/or ordinances and laws, I will be responsible for any injuries and/or damages that may result. Further, if my son/daughter fail to adhere to the above‐stated policies, procedures, and/or ordinances and laws, this failure may result in my dismissal from the Event.

6. In the event of an accident or serious illness, I hereby authorize the DVC to obtain medical treatment for my son/daughter on my behalf. I hereby hold harmless and agree to indemnify the DVC from any claims, causes of action, damages and/or liabilities, arising out of or resulting from said medical treatment.

7. I hereby release, indemnify and hold harmless the DVC, and their officers, trustees, employees, volunteers, assigns, successors, and/or agents, from and against any and all liability, actions, debts, claims and demands of every kind whatsoever, specifically including, but not limited to, any claim for negligence or negligent acts or omissions and any present or future claim, loss or liability for injury to person or property that I may suffer, for which I may be liable to any other person, that may or does arise out of my participation in the Event.

8. I acknowledge that prior to signing this release, waiver, and assumption of risk, I have had an adequate opportunity to read it and any questions I had were directed to the DVC and have been answered to my satisfaction.

9. CONSENT AND RELEASE FOR USE OF LIKENESS

Effective as of the date shown below, approval for past use and permission for present and future use is being granted to Dinamite Volleyball Club/DVC, to use a photo or other image of my son/daughter. Permission is being given by the undersigned, my son/daughter (the "Photographed Party"), as more fully explained in this Consent and Release. The undersigned is under age and parent of the under age is fully authorized to sign this Consent and Release. No compensation is expected to be paid, of which is hereby acknowledged, the undersigned hereby grants to Dinamite Volleyball Club/DVC its agents, employees, licensees, and successors in interest (collectively, the "Released Party") all ownership rights and the absolute and irrevocable right and permission to copyright, use and publish the photographed likeness of my son/daughter (the "Likeness") that has been (or is being) obtained pursuant to this Consent and Release. The Likeness may be copyrighted, used and/or published individually or in conjunction with other photography or video works, and in any medium (including without limitation, print publications, public broadcast, CD-ROM format) and for any lawful purpose, including without limitation, trade, exhibition, illustration, promotion, publicity, advertising and electronic publication. The undersigned represents and warrants that (i) no other party has been granted an exclusive license with respect to the Likeness, and (ii) no other party's authorization or consent is required with respect to the permission granted to the Released Party under this Consent and Release. The undersigned waives any right that the undersigned may have to inspect or approve the Released Party’s use of the Likeness, or the advertising copy or printed matter that may be used in connection with the use and/or publication of the Likeness. The undersigned releases the Released Party (and all persons acting under its permission or authority) from all claims for libel, slander, invasion of privacy, infringement of copyright or right of publicity, or any other claim related to the Likeness (collectively, "Claims"). This release includes without limitation any Claims related to blurring, distortion, alteration, optical illusion, digital alteration, use in composite form, whether intentional or otherwise, or use of a fictitious name, that may occur or be produced in the processing or publication of the Likeness.

CONSENT AND RELEASE FOR USE OF LIKENESS

, waiver and assumption of risk (including such parts as may subject me to personal financial responsibility); I hereby consent to Participant’s participation in the Event; I am and will be legally responsible for the obligations and acts of Participant as described in this release, waiver and assumption of risk; and I agree to be bound by the terms of this release, waiver and assumption of risk.

DINAMITE VOLLEYBALL CLUB MEMBER REQUIREMENTS AND THE ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY - RELATING TO CORONAVIRUS/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact, including individuals without disease symptoms. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited or limited the congregation of groups of people.

The DINAMITE VOLLEYBALL CLUB (hereafter referred to as the “DVC”) cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending sanctioned DVC activities could increase your risk or your child(ren)’s risk of contracting COVID-19.

By accepting this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily agree to the participation terms described above and assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending the sanctioned activity and that such exposure or infection may result in personal injury, illness, permanent disability, and death.

In addition to the foregoing, I also acknowledge that novel coronavirus (“COVID-19”) infection have been confirmed throughout the United States, including cases in the State of California.

I hereby agree, represent, and warrant that I and/or my child(ren):

i) are not experiencing any symptoms of COVID-19 as described by the CDC (https://www.cdc.gov/coronavirus/2019-ncov/about/symptoms.html), including, without limitation, fever, cough, or shortness of breath.

ii) do not have a suspected or diagnosed/confirmed case of COVID-19 and agree that should this change at any time; I will immediately notify DINAMITE VOLLEYBALL CLUB.

I understand that the risk of becoming exposed to or infected by COVID-19 at the DVC sanctioned activities may result from the actions, omissions, or negligence of myself and others, including, but not limited to, DVC employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with attendance at the Association’s sanctioned activities (“Claims”).

I further acknowledge and agree that due to the nature of volleyball played at the DVC’s sanctioned activities, social distancing of 6 feet per person may not be possible at all times. I fully understand and appreciate both the known and potential dangers of performing this activity, and acknowledge that, despite Dinamite Volleyball Club’s reasonable efforts to mitigate such dangers, this activity may result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death. I agree that, by participating in this contracted engagement, and by accepting the consideration received, I am expressly assuming the risk of such participation for myself and/or my child(ren).

On my behalf, and on behalf of my child(ren), I hereby release, covenant not to sue, discharge, and hold harmless the DVC, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.

I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the DVC, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Association activity.