Samanvay Premier League 2020
DECLARATION FOR MINOR:
I parent of the child mentioned above request that my son may please be part of the tournament. I hereby agree that my son shall abide by the rules and regulations. I also agree that organizers shall not be responsible for any incident or injury caused to my son during practice/tournament. My son shall co-operate, maintaining discipline.
1. Exemptions from liability: In consideration of the permission extended to me by Samanvay Group, to participate in the Samanvay Premier League and for other goods and valuable consideration, I do hereby for myself, my heirs and assigns, forever release and discharge the Samanvay Group, Yogi Divine Society, Atmiya Care Charities, Yakin Shah (Youth For Seva) and their trustees (either individual or corporate), their officers, directors, employees, independent contractors, volunteers, and any person or entity associated in any way, shape, form or manner with my or my child’s cricketing activities (hereinafter collectively referred to as “released parties”), whether acting officially or otherwise, from any and all claims, demands, causes of action, suits of liability in any way arising out of injury, negligent instruction, carelessness, misinformation, or any acts or omissions in connection with my participation in the sport of cricketing.
2. Covenant not to sue: I further agree never to institute any suit or action at law to initiate or assist the prosecution of any claim for damages or cause of action or otherwise against the released parties and corporations, which I, my heirs, executors or administrators hereafter may have by reason of injury to my person or my child’s person or to my property arising from the activities contemplated by this agreement.
3. Indemnity against third party claims: I also agree to indemnify, save and hold harmless the released parties and corporations from any and all losses, claims, including attorney’s fees incurred in connection with any actions, or proceedings of every kind and character which may be presented or initiated by any other persons or organizations and which arise directly or indirectly from my or my child’s participation in cricketing activities.
4. Assumption of Risk: I understand that cricketing activities have inherent dangers that no amount of care, caution, instruction or expertise can eliminate and the possibility of serious injury exists, and I expressly and voluntarily assume all risk of personal injury sustained by my child or me while participating in cricketing activities whether or not caused by the negligence of the released parties or corporations.
5. I have been advised and recognize that my or my child’s cricketing activities are not covered by any personal, accident, general liability, or any other insurance policy issued to the released parties or the corporations.
6. Severability / Multiple Waivers: I agree that should one or more provisions in this agreement be judicially determined to be unenforceable, the remaining provisions shall continue to be binding and enforceable against me.
7. Continuation of obligations: I agree and acknowledge that the terms and conditions of the foregoing exemption from liability, covenant not to sue, and indemnity against third party claims shall continue in full force and effect now and in the future at all times for all actions resulting from my or my child’s participation in the Samanvay Premier League tournament shall be binding upon my heirs, executors, and administrators of my estate.
8. I acknowledge that I have read all of the provisions above, fully understand the terms and conditions expressed there, and have freely chosen acceptance of the provisions of the foregoing paragraphs relating to exemptions from liability, covenant not to sue, indemnity against third party claims and continuation of obligation.
COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION
1. I agree that I am personally responsible for my safety and actions while participating in the cricket tournament being organized by Atmiya Care Charities as the Samanvay Premier League (SPL). I agree to comply with all SPL policies and rules, including but not limited to all SPL policies, guidelines, signage, and instructions. Because the SPL is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Yakin Shah (Youth For Seva) and Atmiya Care Charities, Inc, Yogi Divine Society of NJ, Inc., its board members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, any third-party using the SPL, or otherwise, while participating in any activity while in, on, or around the SPL and/or while using any SPL facilities, tools, equipment, or materials.
2. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of the SPL rented facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.
3. By agreeing to this waiver I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using the facilities rented by SPL to hold the tournament to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with New Jersey law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. This waiver remains in effect until the State of Florida lifts all COVID-19 related mandates.
Atmiya Care Charities
Samanvay Premier League