Player Participation, Hold Harmless, and Waiver of Liability Agreement
In consideration of participant’s participation in the Perry Panther Rugby club, the participant, or their legal guardian (henceforth, “The Undersigned”) acknowledges and agree as follows:
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1. Acknowledgments
The Undersigned has been given ample opportunity to review each section of the Perry Panther Rugby Club Player Participation, Hold Harmless, and Waiver of Liability Agreement (the “Agreement”) and understands that the Agreement includes, among other things, a release of their claims against the Company, its officers, directors, trustees, administrators, employees, agents and representatives (hereinafter “Released Parties”) for personal injuries,
damages and/or losses.
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2. Privacy of Information Exchanged
The Undersigned acknowledges and agrees that any information exchanged between The Undersigned and Seller on our services is available to the Company, and may be used at our discretion, unless otherwise directed by the party providing such information. The Undersigned is also advised to be cautious regarding the direct exchange of identification and financial information outside of the oversight of a title and/or closing agent, and then, only after the Seller's right, title and interest in the VOI has been third-party verified.
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3. Assumption of Risk
The undersigned acknowledge and agree that they are responsible for evaluating the risks that The Undersigned may face during Perry Panther Rugby Club activities and agree that any activities that The Undersigned may take part in, whether as a component of the Perry Panther Rugby Club activities or separate from it, will be considered to have been undertaken with The Undersigned’s approval and understanding of any and all risks involved. This includes, without limitation, risks associated with the consumption of alcoholic beverages, use of illegal drugs in any form and injury or death from causes such as disease, unavailable or inadequate medical care, dangerous environmental conditions, traffic accidents, crime, assault and theft; and they fully understand and assume the risks associated with the Perry Panther Rugby Club activities.
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4. Health Risks
The Undersigned understands and acknowledges that there are inherent health risks associated with participation. They agree that they are personally responsible for obtaining all health information, instruction, medical procedures, immunizations and medications appropriate for participation. The Undersigned recognizes that the Company is not responsible for any of their medical or medication needs and The Undersigned assumes all risk and responsibility therefore.
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5. Representations Concerning Health
With full knowledge of the risks, The Undersigned represents his or herself to be in good health and without any condition which will interfere with their ability to participate in the intended activities or endanger their health or safety or the health or safety of other participants. The Undersigned have valid and current insurance to cover any injury or damage The Undersigned may cause or suffer while participating in Perry Panther Rugby Club activities or The Undersigned otherwise agree to personally bear the costs of such injury or damage.
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6. Medical Authorization
The Undersigned, without establishing obligation, hereby give their permission and full authority to Perry Panther Rugby Club and any of its officers, employees or agents to take whatever action they deem warranted under the circumstances and to act as their agent regarding their health and safety. This includes permission to render or have rendered medical treatment, including the giving of antibiotics or other medication, and to consent to any examinations, x-rays, anesthetic, medical or surgical diagnosis or treatment and hospital care if and when deemed necessary at the treating physician’s reasonable discretion whether such treatment is rendered at the offices of such physicians or at a hospital. This authority will permit Perry Panther Rugby Club, its officers, employees or agents at their discretion to place them at their own expense, in the hospital at any point for medical services and treatment, or if no hospital is available, or if the attending physician deems appropriate, to place them in the hands of a local physician for treatment. The Undersigned acknowledges that this authorization is not given in advance of any specific diagnosis, treatment or hospital care. However it is given to provide authority and power on the part of the aforesaid agents to give specific consent to any and all such diagnosis, treatment or hospital care which the aforementioned physician in the exercise of his/her best judgment may deem advisable with respect to their personal health and safety. If The Undersigned become ill or incapacitated, Perry Panther Rugby Club or its aforementioned agents may take such actions as they consider necessary under the circumstances, including securing medical treatment and transporting the undersigned home at their own expense using commercial or private air transportation as may be needed. The Undersigned agrees that they will be fully responsible for any and all expenses, including transportation costs, associated with or in any way related to their medical care. The Undersigned agrees to reimburse Perry Panther Rugby Club for any such expenses incurred by them and paid by Perry Panther Rugby Club, and The Undersigned further agrees to hold harmless and indemnify Perry Panther Rugby Club for any and all actions taken to provide necessary emergency medical care that occurs during the intended travel and Perry Panther Rugby Club activities. The undersigned releases Perry Panther Rugby Club and its aforesaid agents from all liability related to such decisions or actions as may be taken in connection therewith. If The Undersigned designates a person below to contact in the event of a medical emergency The Undersigned hereby authorize Perry Panther Rugby Club to make such contact as deemed necessary.
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7. Limitation on Liability
In no event shall Perry Panther Rugby Club and/or its respective suppliers or any affiliates thereof, or any employees, agents, officers, directors, members or managers of any of the foregoing, be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, The Undersigned's access to, display of, or use of our services, or with the delay or inability to access, display or use our services whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Perry Panther Rugby Club and/or its respective suppliers have been advised of the possibility of such damages. If, despite the limitation above, Perry Panther Rugby Club or its providers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then Perry Panther Rugby Club or its providers liabilities will in no event exceed, in the aggregate, the greater of (a) the fee or charge The Undersigned paid to Perry Panther Rugby Club in connection with such transaction(s) on this our services, or (b) One-Hundred Dollars (US$100.00). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of Perry Panther Rugby Club and/or its providers. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
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8. Wavier of Liability, Release of All Claims and Covenant Not to Sue
The undersigned, on behalf of themselves, their minor charges, heirs, executors, successors and assigns, hereby remise, release and forever discharge the Released Parties from any and all claims arising out of or in any way relating to the Perry Panther Rugby Club activities, including those claims arising in whole or in part out of the negligence of one or more of the Released Parties; any responsibility for any accident, illness, injury, death or any other damage arising from or in any way relating to the Perry Panther Rugby Club activities, including those claims arising in whole or in part out of the negligence of one or more of the Released Parties; and any liability, damage, or injury caused in whole or in part by the intentional misconduct or negligent acts or omissions of any other participant on the Perry Panther Rugby Club activities, or any other third-party. The undersigned further release and agree that they will not sue the Released Parties for money damages, personal injury or property damage sustained by The Undersigned while on the Perry Panther Rugby Club activities, even if due to the negligence of one or more of the Released Parties.
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9. Removal
The Undersigned understands and agrees that, while participating in the Perry Panther Rugby Club activities, he/she will not engage in inappropriate conduct, including but not limited to, the use of physical or verbal threats or violence, abuse of the customs or mores of the community. The Undersigned agrees that, if The Undersigned’s conduct should cause him/her to be removed from the Perry Panther Rugby Club activities, The Undersigned will bear the costs of said removal. Such termination shall not diminish or otherwise alter The Undersigned’s obligation to make any payment required for the Perry Panther Rugby Club activities, and the Company shall not be required to make any refund.
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10. Indemnification
The Undersigned agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of, or relating to their violation of The Agreement, applicable laws, or their use of Perry Panther Rugby Club' services, including, but not limited to, use of services other than as expressly authorized in The Agreement, or their use of any information obtained from our services.
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11. Waiver and Severability
No waiver by the Company of any term or condition set forth in The Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under The Agreement shall not constitute a waiver of such right or provision. If any provision of The Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the agreement will continue in full force and effect.
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12. Limitation on Time to File Claims
Any cause of action or claim The Undersigned may have arising out of or relating to The Agreement must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
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13. Entire Agreement
The Agreement, as well as any and all other documentation which may be referenced in any such documents from time to time, all as may be amended from time to time in Company's sole and absolute discretion, constitute the sole and entire agreement between The Undersigned and Perry Panther Rugby Club, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.
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Acceptance: Upon checking the box labeled "Upon checking this box I acknowledge I have read and agree to the Player Participation, Hold Harmless, and Waiver of Liability Agreement available here:" The Undersigned acknowledges and accepts The Agreement.