SPORTUP INDEMNITY
Management & staff reserve the right to remove any players from any venue at anytime without cause or reason.
Captains must ensure that each player on your team have their own personal insurance that covers the sport that they are playing. Indoor sports is a dangerous activity and may cause serious injury or death. Any players that participate at SportUP do so at their own risk. Management and all staff hold no responsibility for injury, death or loss of personal property.
By participating in sports at SportUP you herby agree to the following terms of indemnity and liability.
TO: SportUP, its owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, and representatives.
DEFINITIONS: IN THIS AGREEMENT:
• The term “SPORTS” includes but is not limited to Indoor Sporting activities, Soccer, Netball, Beach Volleyball, Beach Tennis, Cricket, Dodgeball, Any sport or activity played including training, functions, bookings, Sport, equipment, umpires, staff, directors, owners and any other associate of SportUP or activity provided to the athlete (Hereafter referred to as SPORTUP).
• The term “INJURY” shall refer to all forms of physical, mental, and emotional injury in any way related to athletic activity and transportation activities including, but not limited to: death, breaks, strains, lacerations, dislocations, exercise induced rhabdomyolisis, heart failure, concussion, frostbite, hypothermia, heat illness, dehydration, trauma, anxiety, and fears.
• The term “WE” includes but is not limited to myself and all my team members present, past and future. I understand that it is my responsibility to pass these terms on to my team members and accept responsibility on their behalf.
DISCLAIMER:
SPORTUP and their owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, and representatives are not responsible for any death, injury, loss, or damage of any kind suffered by any person while using SPORTUP facilities, participating in or watching SPORTUP activities, caused in any manner whatsoever including, but not limited to, the negligence of SPORTUP.
I am aware that athletic activities have inherent dangers and risks including but not limited to the potential for serious personal injury or death caused by any SPORTUP athletic activities or any condition of the facilities or equipment of SPORTUP, some of which include:
• Transient light-headedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain, discomfort, fatigue, nausea, heart failure, exercise induced rhabdomyolisis, and so forth;
• All manner of injury resulting from slipping or falling, either roped or unroped, while jumping, skipping, running, walking, lifting, climbing, and impacting against the floor, walls, equipment, other athletes, or any permanent or temporary fixtures or equipment;
• Abrasion, entanglement, lacerations, bruising, dislocation, and other injuries resulting from activities on or near stands, racks, weight bars, pull up bars, walls, ropes, cargo nets, medicine balls, and plyo boxes;
• Injuries resulting from falling athletes or objects such as goals, stands, nets, benches, walls and so forth or by any objects dropped by other persons conducting athletic activities or assisting others;
• Failure of the equipment, attachments, anchors, ropes, harnesses, balls, bats, netting, flooring;
And, I do hereby further acknowledge and agree:
o That the athletic activities we are participating in requires a moderate to high degree of effort, are designed to be high intensity, and are intended to maximally challenge my cardiovascular endurance, stamina, strength, flexibility, speed, power, coordination, agility, balance, and accuracy;
o That we will honestly represent my level of fitness, health, nutrition, use of medication, medical history, and current physical, mental, and medical condition to SPORTUP;
o That although SPORTUP takes steps to reduce the risks and increase the safety of all athletic activities, it is not possible for SPORTUP to make these athletic activities completely safe;
o That I am personally responsible for myself and my team preparation prior to athletic activities, myself and my teams concentration and attention during these athletic activities, and for myself and my teams post activity rest and recovery;
o That we will learn and obey the rules and regulations of SPORTUP, and that I will follow the instructions and directions of SPORTUP during athletic activities;
o That we will inform SPORTUP immediately should I feel any pain, discomfort, fatigue, nausea or other symptoms that I may suffer during and immediately after athletic activities.
o That we may stop participating at any time and that I may be directed to stop by SPORTUP should I display noticeable signs of distress.
o That we consent to receive first aid and medical treatment by SPORTUP in the event of an accident, injury or illness during athletic activity.
o That SPORTUP may videotape, audiotape, or photograph you for instructional and promotional purposes without payment of any kind to you and without further notice to you or permission from you.
Release of Liability, Waiver of Claims, Assumption of Risk, Indemnity Agreement, and Jurisdiction Agreement RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of SPORTUP, allowing myself and my team to participate in SPORTUP Athletic Activities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
• TO WAIVE ANY AND ALL CLAIMS that we have or may have in the future against SportUP and their owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns (all of whom are hereinafter referred to as the “RELEASEES”) and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of myself and my teams participation in athletic and transportation activity, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT MYSELF AND MY TEAM FROM THE RISKS, DANGERS AND HAZARDS OF ATHLETIC ACTIVITIES;
• TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from myself and my teams participation in Athletic Activities;
• TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any costs they may incur for medical costs, emergency transportation, and litigation resulting from myself and my teams participation in Athletic Activities;
• That this Agreement shall be effective and binding upon myself and my teams heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
• This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of QLD Australia and no other jurisdiction; and
• Any litigation involving the parties to this Agreement shall be brought solely within QLD and shall be within the exclusive jurisdiction of the Courts of QLD.
• In entering into this Agreement I am not relying on any oral or written representations or statements made by SPORTUP with respect to the safety of athletic activities other than what is set forth in this Agreement.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO PLAYING SPORT AT SPORTUP. I AM AWARE THAT BY playing any sports at SportUP that I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I, MY TEAM MEMBERS INCLUDING MINE AND MY TEAM MEMBERS HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST SPORTUP.
