RELEASE OF LIABILITY AND AGREEMENT NOT TO SUE

I UNDERSTAND AND CONFIRM THAT THIS IS AN IMPORTANT AGREEMENT, AND THAT I HAVE READ IT CAREFULLY AND UNDERSTAND ITS IMPLICATIONS.

In consideration for being permitted to participate in rugby/training and/or any related activities (collectively referred to as the “Activities“) conducted by Heartbeat Sports Academy LLC (“Heartbeat“) and/or any of their affiliates,

I Player / Parent / Legal Guardian agree to the following:

  1. RELEASE FROM LIABILITY. I hereby fully release and discharge Heartbeat, their shareholders, subsidiaries, officers, directors, employees, service providers, affiliates and their instructors, coaches, members, fans, groups and volunteers; the owners and other sponsors connected by the activities covered by this Agreement (hereinafter collectively referred to as the “Releasees”) from any and all liability, claims, demands, or causes of action whatsoever arising out of any damage, loss or injury to me or my child in the program, my property, or my death, while preparing to participate and/or participating in any of the Activities covered by this Agreement, whether resulting from the negligence or other fault, act of omission, either active or passive, direct or indirect, of any of the Releasees, or from any other cause.
  2. ASSUMPTION OF RISK. I know and fully understood the scope, nature and extent of the risks involved in the activities covered by this Agreement and that some dangers and risks cannot be foreseen. I understand that these risks include but are not limited to: carelessness or negligence of other participants, improper or negligent instruction or supervision or implementation; personal injury or death; and property damage. I voluntarily, freely, and expressly, choose to incur all risks associated with the activities covered by this Agreement, including all risks set out in this paragraph, and expressly understand that those risks may include bodily and personal injury, damage to property, disfigurement or death. I voluntarily and freely choose to incur such risks and take all responsibility in respect of such risks.
  3. AGREEMENT NOT TO SUE. I agree never, at any time now or in the future, to institute any lawsuit or cause of action against any of the Releasees or initiate or to assist in the prosecution of any claim against the Releasees, in respect of injury to person or property, or my death, or any other loss or damage, howsoever occasioned arising from the activities covered by this Release, whether caused by the act, omission, negligence or fault, active or passive, direct or indirect of any of the Releasees, or from any other cause. I further agree that my heirs, executors, administrators, personal representatives or anyone else claiming on my behalf, shall not institute any lawsuit, cause of action or claim for damages against the Releasees, nor shall they initiate or assist in the prosecution of any claim for damages against the Releasees, which I, my heirs, executors, administrator, personal representatives, or anyone else claiming on my behalf may have in respect of injury to my person or property, or my death, or any other loss or damage howsoever occasioned arising from the activities covered by this Release, whether caused by the act, omission, negligence or fault, either active or passive, direct or indirect, of any of the Releasees or from any other cause. I hereby so instruct my heirs, executors, administrators, personal representatives, or anyone else claiming on my behalf. Should any such lawsuit or cause of action be instituted against any of the Releasees, I agree that such Releasees shall be entitled to recover from me or my estate, the value of any attorney’s fees and costs incurred in the defense of any such lawsuit or cause of action.
  4. MEDICAL ATTENTION. I understand that it is possible that I require medical attention during a training session or rugby match. I, herby, give my consent to emergency first aid being delivered to me or my child by the rugby coach, first aiders and medical emergency services and release from liability and waive any rights to claim against the Releasees for such treatment.
  5. WAIVER OF CONTRACT DEFENSES. I understand that this Release is a binding contract pursuant to which I have released any and all claims against the Releasees resulting in any way from my participation in the activities covered by this Release, INCLUDING ANY CLAIMS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, as set forth in this Release.
  6. VALIDITY. I understand that if I institute, or if anyone on my behalf institutes, any lawsuit, cause of action, or claim for damages against any of the Releasees because of injury to my person or property, or my death, as a result of my participation in the activities covered by this Release, this Release can and will be used in court, and that agreements like this one have been upheld by courts in similar circumstances.
  7. NO PHYSICAL INFIRMITIES. I have no physical infirmity, chronic ailment, or injury of any nature and am not under treatment for a physical infirmity or chronic ailment of any nature.
  8. INSURANCE. I acknowledge and agree that I have the appropriate medical insurance as governed by the laws of the sporting union.
  9. DATA RELEASE. I hereby grant Heartbeat and its assigns the irrevocable and unrestricted right to use the personal data, including but not limited to identification document copies and photos (“Data”) for purposes related to the activities covered by this release including but not limited to insurance and player registration, I acknowledge that I shall not hold Heartbeat responsible for the misuse of the Data by any third parties.
  10. WAIVER OF RIGHTS. I understand that by signing this Release, I am giving up rights, and it is my intent to do so and I do so of my own free will and with full acknowledgement of, and agreement to, the terms and conditions in this Release.
  11. RULES AND CONDITIONS. I accept that all rules and conditions imposed on the activities covered by this Release are subject to change without notice and I agree to comply with any such rules and conditions upon notice by Heartbeat.
  12. ENTIRE AGREEMENT. I understand this Agreement contains the entire understanding and undertaking by me in respect of the activities covered by this Agreement and the terms of this Agreement are contractual and not a mere recital and the Releasees are entitled to rely on this Release for their benefit.

I ACKNOWLEDGE AND AGREE THAT I HAVE CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST THE RELEASEES IF ANY ATTEMPT FOR CLAIM IS MADE, I UNDERSTAND I WILL BE RESPONSIBLE FOR ALL DEFENSE COSTS INCURRED BY THE RELEASEES.

With my agreement to the Terms & Conditions, I confirm that I have read the Agreement, been given the opportunity to ask questions, considered it effects, understand its content, given true information, and agree fully to the terms as stated above.