Participant Liability Waiver
THE 90 — 5820 Road 92, Suite 201, Pasco, Washington. Participant Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnity Agreement.
// Read Carefully
READ CAREFULLY BEFORE SIGNING. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS. BY SIGNING IT, YOU GIVE UP THE RIGHT TO SUE THE RELEASED PARTIES FOR INJURIES CAUSED BY THEIR ORDINARY NEGLIGENCE. DO NOT SIGN UNLESS YOU HAVE READ AND UNDERSTAND EVERY SECTION.
Participant Information
Participant is: ☐ 18 or older (sign the Adult Participant section) ☐ Under 18 (parent/guardian signs the Parent/Guardian section)
Terms of Agreement
In consideration of being permitted to enter the facility and participate in its programs, the undersigned ("I," "me," or "Participant," and, where a minor is participating, the minor's parent or legal guardian) agrees as follows:
Definitions
"Facility" means The 90 and the indoor training facility it operates. "Activities" means all soccer training and related activities offered by or through the Facility, including individual and group training, academy sessions, clinics, camps, drills, scrimmages, games, speed, agility, strength, and conditioning work, stretching, use of the premises, turf, goals, netting, loft, and equipment, and any take-home training, conditioning, stretching, or nutrition programming the Facility provides, whether performed at the Facility or elsewhere. "Released Parties" means The 90 and its members, governors, managers, owners, officers, employees, coaches, trainers, independent contractors, volunteers, and agents; the owner and property manager of the premises; and each of their successors and assigns.
Inherent Risks[ Initials ]
I understand that soccer and athletic training are physically demanding and involve risks that cannot be eliminated no matter how carefully the Activities are conducted. These risks include, but are not limited to: collisions with other players, coaches, walls, goals, netting, or equipment; being struck by balls traveling at high speed; slips, trips, and falls; artificial turf that is installed directly over a concrete floor and provides limited cushioning, which can increase the severity of falls and head impacts; turf burns, abrasions, and skin infections; sprains, strains, fractures, dislocations, and ligament or tendon tears (including ACL injuries); head injuries including concussion; eye and dental injuries; contact with or entanglement in netting, ceiling nets, divider curtains, and support cables; overexertion, dehydration, heat illness, and cardiac events; aggravation of pre-existing conditions; the actions of other participants, coaches, or spectators; equipment failure; hazards in parking areas, stairs, and the loft; exposure to communicable illness; and serious injury, permanent disability, paralysis, or death.
Assumption of Risk[ Initials ]
I am participating voluntarily. I knowingly and freely assume all of the risks described above, and all other risks of the Activities, whether known or unknown, even if they arise from the ordinary negligence of the Released Parties. I accept personal responsibility for any resulting injury, illness, loss, or damage.
Release and Waiver of Liability[ Initials ]
TO THE FULLEST EXTENT PERMITTED BY WASHINGTON LAW, I RELEASE, WAIVE, DISCHARGE, AND AGREE NOT TO SUE THE RELEASED PARTIES FOR ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION FOR BODILY INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO THE ACTIVITIES OR MY PRESENCE AT THE FACILITY, INCLUDING CLAIMS CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. This release does not apply to gross negligence or intentional misconduct.
Indemnification[ Initials ]
I agree to defend, indemnify, and hold harmless the Released Parties from any loss, liability, damage, cost, or expense, including reasonable attorneys' fees, arising from my participation in the Activities, my violation of this Agreement or the Facility's rules, or any claim brought by me or on my behalf (or on behalf of a minor I have enrolled) that is barred by this Agreement, to the fullest extent permitted by law.
Health and Fitness
I confirm that the Participant is in good health and has no medical condition that would prevent safe participation, or has been cleared by a physician to participate. I am responsible for consulting a physician before participating and for telling staff about any condition, injury, or medication that could affect participation. I will stop participating and notify staff if the Participant feels ill, dizzy, faint, short of breath, or is in pain.
Concussion and Sudden Cardiac Arrest Awareness
I understand the signs and symptoms of concussion (such as headache, dizziness, confusion, nausea, blurred vision, or memory problems) and of sudden cardiac arrest (such as fainting, chest pain, or unusual shortness of breath during exercise). Any Participant suspected of a concussion will be removed from activity and will not return until written clearance is provided by a licensed health care provider trained in the evaluation and management of concussion.
Emergency Medical Authorization
If the Participant is injured or becomes ill and I cannot be reached, I authorize Facility staff to administer first aid and to arrange emergency medical care and transportation as they judge necessary. I accept financial responsibility for all resulting medical and transportation costs. Facility staff are not medical providers, and the Facility has no obligation to provide medical care.
Rules and Conduct
The Participant will follow all posted Facility rules and staff instructions, including: turf shoes or flat-soled athletic shoes only (no metal or screw-in cleats); shin guards during any scrimmage or contact drill; no climbing, hanging on, or pulling netting, curtains, cables, or goals; and no entry into closed areas or the loft without staff permission. The Facility may remove any Participant whose conduct is unsafe or disruptive, without refund.
Take-Home Programming
Training, conditioning, stretching, and nutrition materials provided by the Facility are general educational information for athletic development. They are not medical advice, do not create a physician-patient or other provider relationship with anyone affiliated with the Facility, and are not a substitute for individualized care. I will consult the Participant's own physician before making dietary changes or using any supplement. Programming performed away from the Facility is unsupervised and done at my own risk, and it is included in the Activities covered by this Agreement.
Personal Property
The Facility is not responsible for lost, stolen, or damaged personal property.
Photo and Media Release
I grant the Facility permission to use photographs and video of the Participant taken during Activities for promotional purposes, including its website and social media, without compensation. You may OPT OUT of the photo and media release by indicating so on the signed agreement.
Term
This Agreement applies to every visit and all Activities from the date signed until I revoke it in writing. The Facility may require a new signature at any time, including annually or when programs change.
General Provisions
This Agreement is governed by the laws of the State of Washington, and venue for any dispute lies in Franklin County, Washington. It is intended to be as broad and inclusive as Washington law permits; if any part is held invalid, the rest remains in full force. This is the entire agreement on its subject and may be modified only in writing. Electronic signatures and copies of this Agreement are as valid as originals.
I HAVE READ THIS ENTIRE AGREEMENT, I UNDERSTAND IT, AND I AM SIGNING IT FREELY AND VOLUNTARILY. I UNDERSTAND THAT BY SIGNING I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
Adult Participant (18 or older)
Parent or Legal Guardian (Required for Participants Under 18)
I am the parent or legal guardian of the minor(s) listed below and have legal authority to sign for them. I consent to their participation in the Activities. On my own behalf, I agree to every term of this Agreement, including the assumption of risk, release, indemnification, and medical authorization. To the fullest extent permitted by law, I also agree to these terms on behalf of the minor(s). I have explained the risks and Facility rules to the minor(s).
Minor Participant Acknowledgment (Recommended Ages 12–17)
I understand that soccer training can cause injuries, and I promise to follow the Facility rules and my coaches' instructions and to tell a coach right away if I get hurt or feel sick.
// Bring signed copy to THE90 staff on first visit