By registering to participate in activities organized by K.O.A.L.A. Kickball, LLC (“Koala Kickball”), I understand, accept, and acknowledge the following:By registering to participate in activities organized by K.O.A.L.A. Kickball, LLC (“Koala Kickball”), I understand, accept, and acknowledge the following:
1) Adult-Only League:
Koala Kickball is an ADULT-ONLY league, and that, to participate in any event sponsored by Koala Kickball, I MUST be an adult who is at least eighteen years of age. I affirmatively represent to all parties involved, including all police departments and government agents and entities, that I am eighteen years of age at the time of executing this agreement.
2) Payment and Membership:
Any and all payments made to Koala Kickball, its affiliated companies, subsidiaries, or representatives to participate in any event associated with or sponsored by Koala Kickball, are final, nonrefundable, and nontransferable. In exchange for my payment, I will be allowed to participate in all Koala Kickball member events for the normal duration of a season, which consists of a period of eight regular season games and one playoff championship day, unless Koala Kickball specifies otherwise. I am not allowed to transfer membership from one season to the next.
3) Alcoholic Beverages:
At times, alcoholic beverages may be available at an event associated with or sponsored by Koala Kickball, and that, if I am legally able to consume alcohol, I – and not Koala Kickball, – am responsible for consuming such alcohol in a responsible manner. Moreover, I – and not Koala Kickball – am responsible to ensure that I am NOT: a) consuming alcohol if I am under twenty-one years of age, b) providing alcohol to any person under the age of twenty-one years of age, and c) driving a vehicle after consuming alcohol at a Koala Kickball associated event. I further acknowledge that Koala Kickball, will not be chaperoning my activities and that I am responsible for my own actions.
4) Health Risks:
Engaging in physical activity and playing sports – and all associated activities related to playing sports, including, but not limited to, running, jumping, throwing, catching, kicking, and sliding – poses certain unavoidable and inherent known and unknown physical and non-physical health risks that may result in me suffering serious bodily injury and possible death. I further understand that these risks inherent in engaging in physical activity and in playing sports – including, but not limited to kickball – may vary from person to person (depending on numerous individual health factors) and are impossible to eliminate regardless of the care taken to avoid them. Even after understanding all of the personal health risks associated with engaging in physical activity, I represent and covenant that I am in good health and in proper physical condition to be able to participate, play, or engage in any activity or sport sponsored by or associated with Koala Kickball.
5) Conditions of Premises:
Koala Kickball is not responsible for any and all dangerous (artificial and/or natural) conditions on any of the premises used by Koala Kickball that are known, unknown, and/or hidden.
6) Voluntary Assumption of Risk:
Through my participation in any event associated with or sponsored by Koala Kickball, I acknowledge the existence of all known, unknown, and hidden risks. I further acknowledge and agree that the risks and other dangers may be caused by my own actions, my own inactions, the actions of others, or the inactions of others. I fully and voluntarily accept and assume all such risks and all responsibility for losses, costs, and damages resulting from these risks.
7) Voluntary Participation:
No individual has coerced me to participate in Koala Kickball against my will, and, as such, I acknowledge that my participation in any event associated with or sponsored by Koala Kickball is entirely voluntary.
8) Ultimate Responsibility for Care, Well-Being, and Safety:
I acknowledge that I alone – and not Koala Kickball – am ultimately responsible for my own physical and emotional care, well-being, and safety.
9) Ultimate Responsibility for Damage or Loss of Personal Property:
I acknowledge that I – and not Koala Kickball – am responsible for all of my personal property, and that Koala Kickball is NOT responsible for any damage or loss that may result to any of my (or any other person’s) personal property while participating or associating in any event associated with or sponsored by Koala Kickball – including, but not limited to, any and all damage or loss suffered to my (or any other person’s) vehicle, cellular phone, wallet, jewelry, or equipment, resulting from any cause.
10) Requirement of Good Behavior:
I understand and acknowledge that, by agreeing to participate in any event associated with or sponsored by Koala Kickball, I am required to behave properly, refrain from using profane vulgarities, and treat with the utmost respect all other Koala Kickball participants, referees, spectators, park directors, visitors, park employees, park guests, park volunteers, and Koala Kickball representatives, sponsors, employees, staff, volunteers, vendors, and advertisers. I understand that in the event that I do not satisfactorily meet the good behavior requirements of this provision, Koala Kickball reserves the right to take any action that it deems necessary to ensure the safety and enjoyment of Koala Kickball participants and any other person involved with an activity associated with or sponsored by Koala Kickball – including, but not limited to, immediately removing me from the premises of any activity associated with or sponsored by Koala Kickball, temporarily or indefinitely suspending me from current or future activities associated with or sponsored by Koala Kickball, or terminating my license to ever participate in any activity associated with or sponsored by Koala Kickball.
11) Photographs and Video Consent:
At times, Koala Kickball may take pictures, videos, and recordings of me at events associated with or sponsored by Koala Kickball and subsequently publish them through various media, including – but not limited to – flyers, commercial advertisements, and social media outlets such as Facebook, Snapchat, Twitter, Google+, LinkedIn, and Instagram. I hereby waive any right to inspect or approve the use of these images, videos, or recordings, or any written copy, and I also waive the right to royalties or other compensation arising from or related to the use of these images, videos, or recordings. I grant Koala Kickball and its sponsors, staff, employees, vendors, and volunteers the right to use, reproduce, exhibit, display, broadcast, and distribute, and create derivative works of these images, videos, and recordings in any forms of media now known or developed after the date of entering into this Agreement.
12) Governing Law:
This Agreement and the rights of the Parties herein are governed by and interpreted in accordance with the laws of the State of Florida without regard to principles of conflicts of laws.
13) Entire Agreement:
This Agreement represents the entire understanding between Koala Kickball and I with respect to my participation in or association with any event associated with or sponsored by Koala Kickball.
If any particular statement or representation of this Agreement is deemed overly-broad, void, unconscionable, or otherwise unenforceable, the remaining portions of this Agreement shall be given full force and effect.
In all actions or proceedings arising from this Agreement, forum shall be the 11th Judicial Circuit in and for Miami-Dade County, Florida. I waive any objection which I may have based on lack of personal jurisdiction or improper venue or forum non conveniens to any suit or proceeding instituted by Koala Kickball under this Agreement in any state or federal court located within Miami-Dade County, Florida and consent to the granting of such legal or equitable relief as is deemed appropriate by the court. I acknowledge that this provision is a material inducement for Koala Kickball to enter into this Agreement with me.
Having read this “Agreement of Terms and Conditions” in its entirety, I hereby release, waive, discharge, hold harmless, indemnify, and covenant not to sue Koala Kickball for any claims or actions for the negligence of Koala Kickball, any negligence of any sort, any claims related to the creation, reproduction, distribution, and use of images of me in any media – including, but not limited to, claims of defamation, invasion of privacy, rights of publicity, potential rights of royalties, or copyright infringement – and any other claims – including, but not limited to, negligent hiring, supervision, security, and maintenance of premises – against Koala Kickball and its subsidiary and affiliated companies, and their members, managers, officers, employees, representatives, agents, independent contractors, venues, parks, partners, sponsors, advertisers, staff, volunteers, vendors, successors and assigns from and against all liability (including, but not limited to, direct or vicarious liability for bodily injury, emotional distress, damage or loss to any personal property), claims, demands, causes of actions, losses, fees, expenses (including reasonable attorney’s fees), or damages resulting from or or in any way related to participating in or associating with any event associated with or sponsored by Koala Kickball, or which I claim may be caused by Koala Kickball, in any manner whatsoever. I hereby covenant not to bring, file, charge, claim, sue or cause, assist, or permit to be brought, filed, charged or claimed any claim against K.O.A.L.A. Kickball, LLC.