WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISKS, AND INDEMNIFICATION
NOTICE: This is a legally binding agreement. Please read carefully before accepting. By checking the box, you acknowledge that you have read, understood, and accepted the terms of this agreement.
Certification of Authorization and Consent by Legal Guardian
I/We, the undersigned, hereby certify that I/we am/are the parent(s) or legal guardian(s) of the minor participant, and as such, I/we have full legal authority to make decisions on behalf of the participant. By checking the box and completing the purchase, I/we confirm my/our consent and acceptance of these terms on behalf of the minor participant.
- Definitions
“Company”: Refers to Sports Dream America LLC, including but not limited to its directors, officers, employees, agents, affiliates, successors, and assigns, hereinafter referred to as the “Company.” This term also includes SDA AGENCY, CARLOS ALCARAZ ACADEMY, CARLOS ALCARAZ CAMPS, CARLOS ALCARAZ ACADEMY CAMPS and REAL MADRID FOUNDATION CAMPS.
“Activities”: Includes, but is not limited to, all sports activities, clinics, camps, events, training sessions, programs, trips and services offered or sponsored by the Company. - Acknowledgment of Risks
You acknowledge and agree that:
Inherent Risks: The Activities involve significant, known and unknown risks that may result in physical injury, illness, permanent disability, paralysis, or death. These risks may be caused by your own actions or inactions, the actions or inactions of other participants, the conditions under which the Activities take place, or the negligence of the Company.
Examples of Risks: Musculoskeletal injuries, fractures, concussions, internal injuries, heatstroke, dehydration, adverse weather conditions, collisions with objects or people, falls, drowning, exposure to contagious diseases, and others. - Assumption of Risks
By participating in the Activities, you:
• Voluntarily accept and assume all risks associated with the Activities, whether caused by the ordinary negligence of the Company or otherwise.
• Declare that you are physically fit and do not suffer from any medical condition that would prevent you from safely participating in the Activities. - Waiver and Release of Liability
You, on your behalf and on behalf of your heirs, personal representatives, and assigns, hereby release, discharge, and agree not to sue the Company for any claims, demands, actions, or damages of any kind arising out of or related to your participation in the Activities, including but not limited to personal injury, illness, property damage, disability, or death, whether caused by the ordinary negligence of the Company or otherwise. - Indemnification
You agree to defend, indemnify, and hold harmless the Company from any claims, demands, losses, liabilities, damages, costs, or expenses, including attorney’s fees, arising from or related to your participation in the Activities or your breach of this agreement. - Consent for Emergency Medical Treatment
In the event you suffer an injury or illness during your participation in the Activities, you authorize the Company to obtain emergency medical treatment on your behalf. You agree to be responsible for all costs associated with such medical treatment and release the Company from any liability related to the obtaining and providing of such treatment. - Use of Images and Materials
You grant the Company the irrevocable right and permission to use, reproduce, and/or publish any photograph or video that includes your image or likeness, without compensation, for promotional, advertising, educational, or any other lawful purpose. You waive any right to inspect or approve the final materials. - Personal Data Protection
The Company may collect and process your personal information, including but not limited to your name, address, contact information, and relevant medical data. This information will be used solely for purposes related to the Activities and will be handled in accordance with applicable data protection laws, including the California Consumer Privacy Act (CCPA) and other privacy regulations. You have the right to access, correct, or delete your personal information at any time by contacting the Company. - Governing Law and Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any disputes arising out of or related to this agreement or the Activities shall be resolved exclusively in the state or federal courts located in California. - Dispute Resolution by Arbitration
Any dispute, controversy, or claim related to this agreement shall be resolved through binding arbitration administered by JAMS (Judicial Arbitration and Mediation Services), under JAMS’ applicable rules and procedures. The arbitration will take place in the State of California, and the decision shall be final and binding on both parties. - Severability
If any provision of this agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect. - Electronic Acceptance
By checking the box on the website before purchasing the product or service, you acknowledge that you have read, understood, and accepted this agreement in its entirety. This action constitutes your electronic signature and acceptance of the terms and conditions outlined herein.