BMFL INJURY RELEASE AND WAIVER
In consideration of being allowed to participate in any way, in any BM Sports Leagues, LLC ("BMFL") programs, events or activities, including but in no way limited to flag football, touch football, associated football drills, practices, or other games, tournaments, or competitions of skill (the “Program”), I understand, acknowledge and agree that:
I understand the physical requirements of the Program and certify that I am physically fit and able to participate in the program and have not been advised otherwise by a qualified medical professional of any type. In addition, I represent and warrant that I do not possess any pre-existing medical conditions that would put me at greater risk of injury or death by participating in the Program. If I do have such a condition, I accept the full risk and responsibility of participation in the Program in spite of my condition. Furthermore, I agree that I will not participate in the program while under the influence of any substance, controlled or otherwise, that would increase my risk for injury or death while participating in the Program.
I agree to comply with any and all rules, regulations, terms and conditions for participation in the program, event or activity, including but not limited to the rules of any sport that I may participate in. I agree to inspect the equipment, facilities and premises to be used prior to participation. If I believe that anything is unsafe, I will inform BMFL official of the issue and refuse to participate if not corrected.
I acknowledge that as a participant, I will be engaging in activities that involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, but are not limited to, those caused by: (a) the actions, inactions or negligence of BMFL, other participants, volunteers, spectators, coaches, event officials, referees and organizers; (b) conditions of the premises, facilities or equipment used; (c) rules of play; (d) weather conditions; (e) the skill, ability and condition of other participants, and their failure to abide by the rules, regulations, terms and conditions for participation in the program, event or activity; and, (f) vehicular traffic. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. BMFL cannot control these risks, nor has BMFL judged my skill level or ability prior to allowing me to participate and consequently is not in a position to guarantee my personal health or safety during my participation in the programs, events or activities.
I KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN, ANTICIPATED AND UNANTICIPATED, FORESEEABLE AND UNFORESEEABLE, EVEN IF ARISING FROM THE NEGLIGENCE OF BMFL OR OTHERS, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
I, on behalf of myself, my heirs, beneficiaries, executors, administrators, personal representatives and assigns, HEREBY WAIVE, RELEASE, DISCHARGE, AND AGREE TO HOLD BMFL, any of its affiliates or any of its or their managers, members, directors, officers, employees, volunteers, representatives, agents, coaches and referees, and other participants, sponsoring agencies, sponsors, advertisers and if applicable, owners and lessors of equipment, facilities and premises used to conduct the programs, events or activities (collectively the “Releasees”) HARMLESS, from any and all claims for damages, injuries, losses, liabilities and expenses, including claims based on any Releasee’s negligence, which I may have or which may subsequently inure to me, relating to, resulting from or arising out of my use and/or participation in the Programs, including any injury or damage to my person or property, or to that of any other person or property. I agree that any action brought in connection with the Program and/or this Agreement initiated by me, at my request, by a third party on my behalf, or by a third party who has assumed or acquired my legal rights or causes of action will be considered null and void ab initio.
I agree to indemnify, defend and hold the Releasees harmless from and against any and all claims for damages, injuries, losses, liabilities and expenses incurred by BMFL relating to, resulting from or arising out of my participation in any BMFL program, event or activity.
I consent to have medical treatment that may be deemed advisable in the event of injury, accident and/or illness during any program, event or activity. I release BMFL and all persons participating in any such medical treatment from all responsibility for any such actions, including any negligence on their or BMFL’s part.
I hereby grant to BMFL and those acting with its authority, the right to record, photograph, videotape, or otherwise capture or collect my likeness, voice and sounds (the “Content”) during my participation in the BMFL program, event or activity. I agree that the Content may be edited and otherwise altered at the sole discretion of BMFL and may be used in whole or in part for any and all broadcasting, non-broadcasting, audio/visual, and/or exhibition purposes in any manner or media, in perpetuity, throughout the world. I further acknowledge the Content to be works made for hire, that the BMFL and its successors and assigns shall own all right, title, and interest in and to the Content and otherwise irrevocably assign and grant to BMFL all rights, including the copyrights and any renewals or terminations thereof, in this Content and the right to use or sublicense the Content and my name, likeness, and biography, in BMFL’s sole discretion, in all media and in all forms and for all purposes, including without limitation, advertising and other promotions for BMFL, without any further consideration to me or any limitation whatsoever.
I intend that this Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. This waiver shall be interpreted and construed in accordance with the laws of the state of New York.
I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY AND I FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS DOCUMENT, AND I SIGN IT KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.
Accepted and Agreed: