RELEASE OF LIABILITY AND REFUND POLICY
In consideration of being allowed to participate in any way in any CYUP Training, LLC (hereinafter to as “CYUP”) events or activities, I understand, acknowledge and agree to the following:
1. I certify that I am physically fit and able to participate in the program, event or activity, and have not been advised otherwise by a qualified medical professional. I will not participate in any program, event or activity in which I am not physically able. I certify that I do have my own medical and dental insurance.
2. I agree to comply with any and all rules, regulations, terms and conditions for participation in the program, event or activity. I agree to inspect the equipment and premises to be used prior to participation. If I believe that anything is unsafe, I will inform CYUP Coaches or CYUP Staff of the issue and refuse to participate if not corrected.
3. COVID-19: The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. It is believed that an individual can be in infected with COVID-19 without their knowledge and be asymptomatic. CYUP Training has put in place preventative measures to reduce the spread of COVID-19. However, CYUP cannot guarantee that I or anyone else will not become infected with COVID-19. Participation in a CYUP Training athletic sports programs, related event, or activity, could increase the risk of contracting COVID-19. I ACKOWLEDGE the contagious nature of COVID-19 and VOLUNTARILY ASSUME THE RISK that I may be exposed to or infected by COVID-19 by participating in a CYUP Training Programs, related event, or activity, and that such exposure or infection may result in personal injury, illness, permanent disability, and death to myself or relatives. I understand that the risk of becoming exposed to or infected by COVID-19 at a CYUP Training Programs, related event, or activity may result from the actions, omissions, or negligence of myself or others, including, but not limited to, CYUP Training employees, volunteers, and program participants. I UNDERSTAND AND VOLUNTARILY ACCEPT AND ASSUME ALL the foregoing risks related to COVID-19 and accept sole responsibility for any injury or illness that may occur. Further, I UNDERSTAND AND AGREE that this release includes any Claims based on the actions, omissions, or negligence of CYUP, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any CYUP Training athletic sports program(s), related event, or activity.
4. I acknowledge and fully understand that as a participant, I will be engaging in activities that involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. I KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, EVEN IF ARISING FROM THE NEGLIGENCE OF CYUP OR OTHERS, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
5. I, on behalf of myself, my heirs, executors, administrators and assigns, hereby waive, release, discharge, and agree not to sue CYUP, its managers, members, directors, officers, employees, volunteers, representatives, agents, coaches and referees, and other participants, sponsoring agencies, sponsors, advertisers and if applicable, owners and lessors of equipment and premises used to conduct the programs, events or activities (collectively the Releasees), from any and all claims WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, any liability and expenses WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THE RELEASEES which I may have or which may subsequently accrue to me, relating to, resulting from or arising out of my use and/or participation in any programs, events or activities of CYUP, including any injury or damage to my person or property, or to that of any other person or property. My release of liability includes my attendance at any social or charitable event or gathering that may be organized, authorized, or paid for by CYUP.
6. I agree to indemnify, defend and hold the Releasees harmless from and against any and all claims for damages, injuries, losses, liabilities and expenses relating to, resulting from or arising out of my participation in any CYUP event or activity.
7. I grant CYUP permission to use photographs, videotapes, recordings or any other record of me in the event for any legitimate purpose. I will not bring alcohol or illegal drugs to any of the sites.
8. I consent to have medical treatment that may be deemed advisable in the event of injury, accident and/or illness during any program, event or activity. I release CYUP and all persons participating in any such medical treatment from all responsibility for any such actions.
9. I intend that this Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
REFUND POLICY. All refunds must be made prior to 24 hours before the start of the program. After the start of the program there will be no refunds.
If you start the program and cancel any time before the program is completed you will be charged the remaining cost of the program. If a training session is cancelled due to any unforeseen circumstances such as a natural disaster or COVID-19 restrictions, the athlete is entitled to a refund for the training session if CYUP is not able to offer a makeup training session in the near future for the missed training session. CYUP is not responsible for any expenses incurred by the athlete if a training session is cancelled. If a session is cancelled, CYUP's liability is limited to the amount of the training session only.
In some cases, we may need to delay the start of the league. This may be due to teams needing more time to complete their rosters, playing facilities having schedule conflicts and myriad other reasons. We reserve the right to delay league starts, and will incorporate all planned games into the revised schedule to the best of our ability. Delayed season starts are not grounds for a refund.
IN WITNESS WHEREOF, Participant has read and voluntarily e- signed this Release, and further agrees that no oral representations, statements, or inducements apart from the foregoing written agreement have been made.
I ACKNOWLEDGE THAT I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY AND I FULLY UNDERSTAND ITS TERMS AND CONDITIONS.