Asphalt Green Field Rules and Regulations - Soccer For Epilepsy Project

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SOCCER FOR EPILEPSY - TERMS AND CONDITIONS

This website - SoccerForEpilepsy.org follows all the Terms and Conditions, as specified on the BirdsEyeBlue.org website.

In addition, for the Soccer For Epilepsy Project, the following Asphalt Green - Waivers and Asphalt Green - Field Rules and Regulations are applicable in full.

ASPHALT GREEN - WAIVERS

A) COVID-19 ASSUMPTION OF RISK, WAIVER OF LIABILITY & INDEMNITY AGREEMENT

You have agreed, on behalf of yourself, your organization, and any and all applicable guests, participants, including minor children to the following:

In consideration of Asphalt Green, www.SoccerForEpilepsy.org (Soccer For Epilepsy), and www.BirdsEyeBlue.org (Birds Eye Blue Foundation Inc.) allowing you to participate in any programs or facility usage, you, your organization, and any and all applicable guests, participants, including minor children, hereby agree to the following terms and conditions:

I. Essential Safety Rules

1. You have read and fully comprehend all active New York State and New York City COVID-19 guidelines (if applicable) and agree to comply with all safety policies and expected codes of conduct.

II. Health and Medical Care

1. You affirm that you, members of your organization, any and all applicable guests, participants, including minor children, are medically able and fit to safely participate in programs or on site activities.

III. Assumption of Risk

1. You understand that the spread of a communicable disease, such as COVID-19, is an inherent risk of any type of participation or visit at Asphalt Green, Soccer For Epilepsy, and Birds Eye Blue Foundation Inc., which makes it impossible to ensure complete safety. You will not hold Asphalt Green, Soccer For Epilepsy, and Birds Eye Blue Foundation Inc. liable in the event you, members of your organization, and any and all applicable guests and participants, including minor children, are injured due to contracting COVID-19.

2. Having read and understood the above, you hereby assert that your visiting Asphalt Green, Soccer For Epilepsy, and Birds Eye Blue Foundation Inc. is non-essential and voluntary in nature.

IV. Waiver of Liability

1. You, members of your organization, and any and all applicable guests, participants, including minor children, hereby release, waive, and discharge Asphalt Green, Soccer For Epilepsy, and Birds Eye Blue Foundation Inc. including its employees, officers, directors, independent contractors, vendors, invitees, attorneys, and related parties from liability from any and all claims resulting from the inherent risks of visiting Asphalt Green, Soccer For Epilepsy, and Birds Eye Blue Foundation Inc. or from the negligence of Asphalt Green, Soccer For Epilepsy, and Birds Eye Blue Foundation Inc..

2. Today and on all future dates, this waiver of liability applies to personal injury, including death, from incidents and illnesses arising from contracting COVID-19 at Asphalt Green, Soccer For Epilepsy, and Birds Eye Blue Foundation Inc. .

V. Indemnification

1. You agree to hold harmless, defend, and indemnify Asphalt Green, Soccer For Epilepsy, and Birds Eye Blue Foundation Inc., the City of New York and the NYC Parks Department (that is, defend and pay any judgment and costs, including investigation costs, court costs, and legal/attorney fees) from any and all claims.

VI. Other Important Provisions

1. Broad Interpretation: You acknowledge and agree that this Assumption of Risk, Waiver of Liability, and Indemnity Agreement is intended to be as broad and inclusive as permitted by state law.

2. Covenant Not to Sue: You covenant not to sue Asphalt Green, Soccer For Epilepsy, and Birds Eye Blue Foundation Inc. for any claim arising directly or indirectly from contracting COVID-19.

Acknowledgment of Understanding:

I have read this agreement in A) above, fully understood its terms, and explained the risks and safety rules set forth in A) above to all applicable parties, who also understand the risks and rules. I acknowledge and agree that, by signing below, I am giving up substantial rights on my own behalf and on behalf of applicable parties, including the right to sue Asphalt Green, Soccer For Epilepsy, and Birds Eye Blue Foundation Inc. for injuries resulting from the inherent risks of experiences at Asphalt Green, Soccer For Epilepsy, and Birds Eye Blue Foundation Inc. and the ordinary negligence of the organization. I further acknowledge that my visiting Asphalt Green, Soccer For Epilepsy, and Birds Eye Blue Foundation Inc. is non-essential and voluntarily in nature. I intend my signature to be a complete and unconditional release of all liability, including that due to ordinary negligence by the Asphalt Green, Soccer For Epilepsy, and Birds Eye Blue Foundation Inc., to the greatest extent possible under the law.

B) WAIVER AND RELEASE OF LIABILITY

In consideration of being allowed to participate in any way in Asphalt Green, Soccer For Epilepsy, and Birds Eye Blue Foundation Inc. facility usage, you have agreed, on behalf of yourself, your organization, and any and all applicable guests, participants, including minor children to the following:

1) Acknowledge and fully understand that during facility usage each participant may be engaging in activities that involve risk of serious injury, including permanent disability and death, and severe social and economic losses, that might result not only from his/her/their own action, inactions or negligence but the actions, inactions or negligence of others, the rules of play, or the conditions of the premises or any equipment used. Further, there may be other risks not known to us or not reasonably foreseeable at this time.

2) Assume all the foregoing risks and accept personal responsibility for the damages following such injury, permanent disability or death.

3) Release, waive and discharge and covenant not to sue Asphalt Green, Soccer For Epilepsy, and Birds Eye Blue Foundation Inc., its affiliated clubs, their respective administrators, directors, agents, coaches, referees and other employees of the organization, other participants, sponsor agencies, sponsors, advertisers and, if applicable, owners and leasers of the premises used to conduct this event, all of which are hereinafter referred to as “releasees,” from any and all liability to the undersigned and their guest(s), his/her/their heirs and next of kin for any and all claims, demands, losses or damages on account of injury, including death or damage to property, caused in whole or in part by the negligence of the releasee or otherwise.

You have agreed, on behalf of yourself, your organization, and any and all applicable guests, participants, including minor children to the following that you have read the above Waiver and Release of Liability and fully understand and accept and agree to the above Waiver and Release of Liability.

ASPHALT GREEN - FIELD RULES AND REGULATIONS AGREEMENT

1) All sports or recreation activities must be consistent with current New York City, New York State (if applicable), and Asphalt Green guidelines.

2) Patron and Participants must provide a certificate of insurance when requested by Asphalt Green, where Asphalt Green and NYC Parks are named Additional insured. Asphalt Green may determine that in lieu of certificate of insurance, the renter, Patron and Participants must sign an Insurance Waiver and Release Form.

3) All persons and groups who are granted Rental Agreements and participants must provide their own supervision and cleanup. All paper and refuse resulting from the group's activities must be placed in wastebaskets or other available rubbish receptacles. Failure to do so may result in denial of future Agreements. Please note: Not applicable if Asphalt Green Maintenance staff is hired for specific events.

4) Patron and participants are liable for all damage or injury to property or persons that may occur or be caused by the use of this Agreement, except in the case where gross negligence or willful misconduct has been determined on the part of Asphalt Green and by accepting this Agreement, Patron agrees to hold the Asphalt Green sports complex, The City of New York and The City of New York Department of Parks and Recreation, harmless from any claim whatsoever which may result from such use.

6) Patron and participants agrees not to distribute, place, display, or cast about any pamphlets, handbills, placards, signs, or any other advertising matter within the Asphalt Green area without authorization from Asphalt Green.

7) Patron and participants agrees not to display any flags, other than the American Flag, or ensigns unless specifically provided for in this Agreement.

8) No buses, cars, or commercial vehicles of any kind shall be allowed in any part of the athletic field unless specifically provided for in this Agreement.

9) This Rental Agreement is not transferable and is revocable at any time at the absolute discretion of Asphalt Green.

10) Absolutely no alcoholic beverages without expressed written consent by Asphalt Green and requisite permits (if necessary). No pets or smoking are allowed on the premises. Food and beverages are not permitted on turf surfaces.

11) The renter, Patron and Participants agree to confine their activities to the location and time specified by the Agreement.

12) For special events, permission must be granted to use amplified sound. All amplified sound must comply with New York City Noise Code and Noise Standards for Commercial Music.