White Wave Strength and Conditioning and Oceanside Sports WaiverPlease fill out this waiver before participating in any White Wave Strength and Conditioning Training Athlete Name * First Name Last Name Parent/Guardian Name If the athlete is a minor First Name Last Name Email * Phone * (###) ### #### Athlete Date of Birth * MM DD YYYY Sign Here * White Wave Strength and Conditioning Waiver In exchange for participation in the activity of Strength and Conditioning organized by White Wave Strength and Conditioning, of 20 Heavy Hammer Lane, Arundel, Maine, 04046 and/or use of the property, facilities, and services of White Wave Strength and Conditioning, I, agree for myself and (if applicable) for the members of my family, to the following: Photo Release. For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby grant White Wave Strength and Conditioning permission to use my and (if applicable) my family members' likeness in a photograph in any and all of its publications, including but not limited to all of White Wave Strength and Conditioning's printed and digital publications. I understand and agree that any photograph using my and (if applicable) my family members' likeness will become property of White Wave Strength and Conditioning and will not be returned. Agreement To Follow Directions. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by White Wave Strength and Conditioning, or the employees, representatives, or agents of White Wave Strength and Conditioning. Assumption of the Risks and Release. I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge White Wave Strength and Conditioning for injury, loss, or damage arising out of my or my family's use of or presence upon the facilities of White Wave Strength and Conditioning, whether caused by the fault of myself, my family, White Wave Strength and Conditioning or other third parties. Indemnification. I agree to indemnify and defend White Wave Strength and Conditioning against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of White Wave Strength and Conditioning. Fees. I agree to pay for all damages to the facilities of White Wave Strength and Conditioning caused by any negligent, reckless, or willful actions by me or my family. Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under Maine law. No Duress. I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that White Wave Strength and Conditioning has offered to refund any fees I have paid to use its facilities if I choose not to sign this agreement. Arm's Length Agreement. This agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Enforceability. The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be. Such invalid or unenforceable provision shall be deemed not to be a part of this agreement. I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS. OceanSide Sports Waiver Recognizing the possibility of physical injury associated with sport and in consideration for the OceanSide Sports accepting the registrant for its activities, I hereby release, discharge and/or otherwise indemnify OceanSide Sports, their employees and associated personnel, including the owner of fields and facilities utilized for the facility against any claim by or on behalf of the registrant as a result of the registrant’s participation in OceanSide Sports Program and/or being transported to or from the same, which transportation I hereby authorize. My athlete has received a physical examination by a physician and has been found physically capable of participating in sport. I hereby give my consent to have an athletic trainer and/or doctor of medicine or dentistry provide my athlete with medical assistance and/or treatment and agree to be responsible financially for the reasonable cost of each assistance and/or treatment. Furthermore, on occasion, pictures will be taken of the players and teams for advertising purposes and may be posted on our Instagram account, Facebook account and website. By submitting this form you agree to allow your child's picture to be displayed on our social media outlets. WAIVER/RELEASE/ASSUMPTION OF RISK FOR COMMUNICABLE DISEASES INCLUDING COVID-19 In consideration of being allowed to participate in programs, related events, or activities offered by OceanSide Sports including the right to enter the undersigned acknowledges, appreciates, understands, and agrees that: Participation includes possible exposure to, and illness from, infectious diseases including but not limited to MRSA, influenza, and COVID-19 (collectively “Infectious Diseases”). While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; OceanSide Sports cannot prevent you or your child(ren) from becoming exposed to, contracting, or spreading Infectious Diseases while participating in OceanSide Sports programs. It is not possible to prevent against the presence of Infectious Diseases. Therefore, if you choose to utilize services you may be exposing yourself to Infectious Diseases and or increasing your risk of contracting or spreading Infectious Diseases; I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against Infectious Diseases. If, however, I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation, and bring such to the attention of the nearest Mussels official immediately; I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, HOLD HARMLESS, AND AGREE TO INDEMNIFY OceanSide Sports, their officers, directors, officials, agents, employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the programs (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law; I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS PERTAINING TO INFECTIOUS DISEASES, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation. FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION) This is to certify that I, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law. First Name Last Name Today's Date * MM DD YYYY Thank you!