Waiver of Liability

  • In consideration of participating in Del Mar Water Polo Inc. (“DMWP”) club activities, including practices, games, scrimmages, matches, and/or traveling with DMWP, and the use of any facilities arranged by DMWP, the undersigned (the “Player Parent”), on behalf of him/herself, his/her minor child(ren), and their respective successors, assigns, agents, heirs, and next of kin (collectively the “Player Parties”) hereby agrees as follows:

    • The Player Parent enters this Waiver of Liability, Assumption of Risk and Indemnity Agreement (“Agreement”) by and on behalf of him or herself, his/her minor child(ren) that are members of DMWP and as identified below (individually or collectively, as the case may be, the “Player”) and each of their respective successors, assigns, agents, heirs and next of kin. The Player Parent agrees to the terms of this Agreement on behalf of itself and the Player Parties.
    • As a participant in DMWP, player will be provided with the opportunity to participation in games, scrimmages, matches and/or tournaments, and receive instruction from coaches (which include paid or volunteer coaches) in water polo at various events sponsored, operated or participated by DMWP  (collectively the “DMWP Activities”). This Agreement shall relate to and apply to all DMWP Activities Player participates in regardless of the location of such DMWP Activity.
    • Player Parent, on behalf of itself and the Player Parties, acknowledges that DMWP and all DMWP Activities are primarily administered by volunteers rather than paid professionals. DMWP Activities are also conducted by paid staff members, including paid coaches. Player Parent further acknowledges that Player Parent and Player are required to comply with all DMWP Codes of Conduct as such may be modified from time to time and in the event Player Parent or Player fail to abide by such Codes of Conduct, DMWP shall have the right to remove the offending party, including the Player, from participation in a specific or any future DMWP Activity.
    • The Player Parent, on behalf of itself and the Player Parties, hereby acknowledges that participation in the DMWP Activities, necessarily involves travel; play in both indoor and outdoor pools during various weather conditions including adverse weather conditions; physical contact between players, equipment and pool facilities; and risk of bodily injury including risk of severe and permanent physical injury or death. Player Parent, on behalf of itself and the Player Parties, understand that participation in such sport is at the player’s own risk and liability.
    • Player Parent, on behalf of itself and the Player Parties, hereby releases, waives, discharges and covenants not to sue DMWP, its owners, board of directors, officers, agents, employees, volunteers, sponsors, coaches (whether paid or volunteer) or representatives of DMWP (collectively, the “Released Parties”),  from any and all claims, damages, costs, fines, penalties, expenses, obligations, liabilities, indebtedness, causes of action, costs, losses, expenses (including reasonable attorneys fees and association costs), or losses (collectively “Claims”) which the Player Parties may incur arising out of or in connection with any injury to persons or property or the dismemberment or death of any person arising out of or in connection with the Player’s participation in DMWP Activities whether such Claim arises as a result of the actions, in-actions, omissions or negligence of any of the Released Parties or any other player, their family members, guests or invitees.
    • Player Parent, on behalf of itself and the Player Parties, hereby agrees to indemnify, defend (with counsel selected by DMWP), save and hold harmless DMWP and the Released Parties from any Claims DMWP or the Released Parties may incur out of or related to the Player Parties’ actions, inactions, omissions, or conduct while participating in DMWP Activities. Player and the Player Parties shall be solely and absolutely responsible for their actions while participating in DMWP Activities, including such actions which result in the injury, dismemberment or death of another person participating in a DMWP Activity.
    • Player Parent as the parent or guardian of the Player, a minor child, hereby authorizes DMWP and any of the Released Parties to seek emergency medical or dental care as may be recommended by a duly licensed physician. DMWP will use its reasonable judgment to determine when emergency medical attention is needed and what appropriate actions are required.  In the event the Player is traveling with DMWP for a DMWP Activity (without the supervision of a Player Parent or other legal guardian), Player Parent, on behalf of itself and the Player Parties, hereby further authorizes DMWP and any of the Released Parties participating in such DMWP Activates to seek routine medical, dental or surgical diagnosis or treatment, or hospital care which is deemed advisable by a duly licensed physician. In the event of any expenses relating to such medical treatment, whether emergency or routine in nature, Player Parent shall be solely and absolutely liable for.

    ACKNOWLEDGMENT & CONSENT:  The Player Parent hereby acknowledges that I/we have read this Agreement and that I/we understand the terms, and understand that I/we, on behalf of myself, the Player and the Player Parties, have given up substantial rights by executing or acknowledging acceptance to this Agreement. I/we enter into this Agreement voluntarily, freely and without inducement of any kind.

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