RELEASE AND WAIVER OF LIABILITY, LIABILITY RELATING TO COVID-19, ASSUMPTION OF RISK, CANCELLATION POLICY, INDEMNITY AND PARENTAL CONSENT AGREEMENT ("AGREEMENT")
Dear Member/Player/Participant,
IN CONSIDERATION of being permitted to participate in any way in the FattFro Sports, Inc. and DBA The FattFro Zone (both hereinafter known as FATTFRO) facility activities ("Activity") I, for myself for personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, agree, and represent that I understand the nature of such activities and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
2. FULLY UNDERSTAND THAT: (a) FATTFRO ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH ("RISKS"); (b) these Risks and dangers may be caused by my own actions or inaction’s, the actions or inaction’s of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be OTHER RISK AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activity.
3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE FATTFRO, their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owner and lessors of premises on which the Activity takes place, (each considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releases, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
MINOR RELEASE
AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF FATTFRO ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE’S FROM ALL LIABILITY CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE
OPERATION AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
CANCELLATION POLICY
I also understand that FATTFRO does enforce a cancellation policy. You need to have at least 24 hours notification of cancellation to get a full refund on all SERVICES. If you do not give 24 hour notice, fees will be collected for these services at full rate. You will be refunded completely if given over 24 hour notice.
PRIVACY POLICY
FATTFRO which uses eSoft Planner for scheduling and taking payments, is committed to protecting your privacy and ensuring you have a positive experience on our website. This policy outlines our handling practices of personal information both online and offline data. If you give us personal information, we will treat it according to this policy.If you are not satisfied with our response to your privacy-related concerns, please contact us. We encourage you to read this privacy policy to ensure you understand eSoft Planner's privacy practices. This policy covers the eSoft Planner website and related software.
Collection of your personal information When FATTFRO and eSoft Planner collect any personal information on our website, we will express our need for the personal data at the point of collection. Personal information is any information that can be used to identify an individual, and may include, but is not limited to, name, email address, postal or other physical address, title, occupation, and other information required to provide a service, deliver a product, or carry out a transaction you have requested. Some of the reasons we collect your personal information include:
Submission of proposal for services
Collaboration efforts
Registration to membership programs or newsletter subscriptions
To provide registered users a more personalized and meaningful experience on the eSoft Planner website.
Uses of your personal information We will only use your personal information in the way we specified when it was collected. We will not subsequently change the way your personal information is used without your consent. Some of the ways we may use your personal information include:
To provide the ability to create personal profile areas and view protected content.
To provide the ability to contact you, and provide you with shipping and billing information.
To provide customer feedback and support.
To provide contests, sweepstakes or other marketing or promotional activities on the eSoftplanner.com or affiliate websites. Personal information may be collected to administer those programs.
To conduct questionnaires and surveys in order to provide better products and services to our customers and end users. Your completion of any questionnaires is voluntary.
To support recruitment inquiries.
To understand more about you, so we can personalize newsletters and websites to your preferences. For example,
allow you the opportunity to request specific information on products and services that may be of interest.
To allow you to forward information to another individual such as a friend or co-worker.
To meet contract obligations.
Accessing and updating your personal information We need your help in keeping the personal information you have shared with us accurate and up to date. Please notify us of any changes to your personal information. Our site allows you to make these updates yourself online via the user profile.
Unsubscribing Subscriptions to some newsletters can be managed through the user profile. In addition, each email newsletter includes instructions on how you can unsubscribe from that particular mailing.
Non-personal information collection We do not sell or rent your personal information to third-parties for marketing purposes unless you have granted us permission to do so.
Sharing your personal information In some instances, FATTFRO and eSoft Planner may collect non-personal (aggregate or demographic) data through cookies, web logs, and web beacons. This information is used to better understand and improve the usability, performance, and effectiveness of the eSoftplanner.com website and software.
We may share your personal information with authorized third-party agents or contractors in order to provide a requested service or transaction. For example, if we need to ship something to you, we must share your name and address with a shipping company. We only provide third-party agents with the minimum amount of personal information necessary to complete the requested service or transaction.
We may respond to subpoenas, court orders, or legal process by disclosing your personal information and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims.
We may collect and possibly share personal information and any other additional information available to us in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of eSoftplanner.com terms of use, or as otherwise required by law. We will ask you for your opt-in consent to share your personal information with a third party for any other reason.
Personalization We may customize websites or newsletters for certain users based on the information they previously provided or that was collected through eSoftplanner.com websites in order to enhance the overall web experience.
Security of your personal information FATTFRO and eSoft is committed to protecting the personal information you share with us. We utilize a combination of security technologies, procedures, and organizational measures to help protect your personal information from unauthorized access, use or disclosure.
When we transfer sensitive personal data (for example, credit card information) over the Internet, we protect it using Secure Sockets Layer (SSL) encryption technology. While we strive to protect your personal information, we cannot ensure the security of the information you transmit. We recommend you to take every precaution in protecting your personal information when you are on the Internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and make sure you use a secure browser.
Cookies FATTFRO Esoftplanner.com website and software utilize cookies, although you can still access most of them even if you choose to disable cookies in your browser. The eSoftplanner.com software will not allow you to complete certain activities if cookies are disabled. For example, our e-soft e-commerce uses session cookies and persistent cookies to process transactions. If you do not accept cookies, the associated transaction will not work and you will not be able to place an order.
We use multiple third parties to monitor web traffic, statistics, advertisement 'click-through', and other activities on eSoftplanner.com site. Where authorized by eSoft, such third parties may use cookies, eSoft's web log files, web beacons, and other monitoring technologies to compile anonymous aggregate statistics on eSoft's website visitors.
We also include web beacons in HTML-formatted e-mail newsletters in order to count how many newsletters (or particular articles, links, etc.) are being accessed.
Current versions of web browsers offer enhanced user controls regarding the placement and duration of both first and third party cookies. Search for "cookies" under your web browser's Help menu for more information on cookie management features available to you.
Data retention FATTFRO and eSoft will not retain your personal information longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.
Linked Website Our websites may provide links to other third-party websites which are outside our control and not covered by this policy. We encourage you to review the privacy policies posted on these (and all) sites.
Coronavirus/COVID-19 Release
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. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
FattFro Sports, Inc. (Hereinafter known as FATTFRO) has instituted preventative measures to reduce the spread of COVID-19; however, FATTFRO cannot guarantee that you will not become infected with COVID-19. Further, volunteering at FATTFRO’s location could increase your risk of contracting COVID-19.
By signing this agreement, I acknowledge the extreme contagious nature of COVID-19 and voluntarily and expressly assume the risk that I may be exposed to or infected by COVID-19 by being present at FATTFRO’s location and that such exposure or infection may result in personal injury, illness, permanent disability, and ultimately death.
I understand that the risk of becoming exposed to or infected by COVID-19 at FATTFRO’s location may result from the actions, omissions, or negligence of myself and others, including, but not limited to FATTFRO’s employees, coaches, volunteers, vendors, subcontractors, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself or to any member of my family (including, but not limited to, personal injury, disability, and death, illness, damage, loss, claim, liability, or expense, of any kind that I may experience or incur) in connection with my attendance at FATTFRO’s location.
On my behalf, I hereby fully release, covenant not to sue, discharge, and hold harmless FATTFRO, its employees, agents, subcontractors, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of FATTFRO, its employees, agents, subcontractors, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any FATTFRO activity.
