WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION
NOTICE: This is a legally binding agreement. Please read it carefully before accepting. By checking the box, you acknowledge that you have read, understood, and agreed to the terms of this agreement.
Legal Guardian Authorization and Consent Certification
I/We, the undersigned, certify that I am/we are the parent or legal guardian of the minor participant and, as such, have full legal authority to make decisions on their behalf. By checking the box and completing the purchase, I/we confirm our consent and acceptance of these terms on behalf of the minor participant.
1. Definitions
“Company”: Refers to Sports Dream America LLC, including but not limited to its directors, employees, agents, affiliates, successors, and assigns, hereinafter referred to as the “Company.” This term also includes SDA AGENCY, CARLOS ALCARAZ ACADEMY, CARLOS ALCARAZ CAMPS, CARLOS ALCARAZ ACADEMY CAMPS, and REAL MADRID FOUNDATION CAMPS.
“Activities”: Includes, but is not limited to, all sports activities, clinics, camps, events, training, programs, trips, and services offered or sponsored by the Company.
2. Acknowledgment of Risks
You acknowledge and agree that:
Inherent risks: The Activities involve significant risks, both known and unknown, which may result in physical injury, illness, permanent disability, paralysis, or even death. These risks may be caused by your own actions or omissions, those of other participants, the conditions under which the Activities take place, or the Company’s negligence.
Examples of risks: Musculoskeletal injuries, fractures, concussions, internal injuries, heat stroke, dehydration, adverse weather conditions, collisions with objects or persons, falls, drowning, or exposure to contagious diseases.
3. Assumption of Risk
By participating in the Activities, you:
- Voluntarily accept all associated risks, whether arising from the Company’s ordinary negligence or any other cause.
- Represent that you are physically fit and do not have any medical condition that would prevent you from participating safely.
4. Waiver and Release of Liability
You, on your own behalf and on behalf of your heirs or representatives, release the Company and agree not to pursue legal action against it for claims, damages, or losses arising from your participation in the Activities, including personal injury, illness, property damage, disability, or death, even if resulting from ordinary negligence.
5. Indemnification
You agree to defend, indemnify, and hold the Company harmless against any claim, loss, or expense arising from your participation or from a breach of this agreement.
6. Consent to Emergency Medical Treatment
In the event of injury or illness during the Activities, you authorize the Company to arrange emergency medical care on your behalf. You assume the associated costs and release the Company from any related liability.
7. Use of Images and Materials
You grant the Company an irrevocable right to use, reproduce, or publish photographs or videos featuring your image, without financial compensation, for promotional, educational, or legal purposes. You waive the right to review or approve the final material.
8. Personal Data Protection
The Company may collect and process personal information necessary for the Activities, including relevant medical data, in accordance with applicable data protection regulations. You may request access to, modification of, or deletion of your data by contacting the Company.
9. Governing Law and Jurisdiction
This agreement shall be governed by the laws of the State of California. Any dispute shall be resolved exclusively in state or federal courts located in California.
10. Dispute Resolution through Arbitration
Any dispute related to this agreement shall be resolved through binding arbitration administered by JAMS, in accordance with its applicable rules, in the State of California.
11. Severability
If any provision of this agreement is found to be invalid or unenforceable, it shall be enforced to the maximum extent permitted by law, with the remainder of the agreement remaining in full force and effect.
12. Electronic Acceptance
By checking the box on the website prior to completing the purchase, you confirm that you have read, understood, and agreed to this agreement in its entirety. This action constitutes your electronic signature.