PLEASE READ CAREFULLY BEFORE SIGNING, THIS ARBITRATION AND RELEASE AND WAIVER OF LIABILITY AGREEMENT (this “Agreement”) HAS LEGAL CONSEQUENCES AND MAY AFFECT THE UNDERSIGNED’S (the “Participant”) LEGAL RIGHTS AND MAY ELIMINATE PARTICIPANT’S ABILITY TO BRING FUTURE LEGAL ACTIONS. IF PARTICIPANT IS UNDER THE AGE OF 18, THIS FORM MUST BE SIGNED BY THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN. PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT’S PARENT OR GUARDIAN HAS REVIEWED, UNDERSTOOD AND AGREED TO THE TERMS BELOW ON BEHALF OF PARTICIPANT.

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Participant consents and agrees to the following:

1. Acknowledgments of General Inherent Risks Including COVID-19.

a. Participant acknowledges that the Shea Salinas Soccer Events (“Event”) may test Participant’s physical limits that carries with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Shea Salinas Soccer, and each of their partners, sub-contractors, successors, assignees, licensees and affiliates (collectively, the “Released Parties”), and may include contact or collision with persons or objects, inadequate or negligent first aid and/or emergency measures, weather-related hazards, and natural hazards. Participant further understands and acknowledges that any of these risks and others not specifically named may cause injury or injuries that may be categorized as minor (e.g., scrapes, bruises, sprains, nausea, cuts), serious (e.g., property loss or damage, broken bones, fractures), or catastrophic (e.g., rare occurrences of permanent disabilities or death). By participating in the Event, Participant is acknowledging that Participant has found the facilities, equipment, and areas to be used to be safe and acceptable for participation.

b. Participant understands that the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”) is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in participating in this Event. Participant acknowledges and understands that no precautions or protocols (whether by Released Parties and/or state and federal governmental agencies) can fully eliminate the risk of exposure to COVID-19. Additionally, Participant acknowledges that any exposure may lead to further transmission of COVID-19 to Participant’s family members, and other contacts.

c. Participant shall be financially responsible for any medical treatments and understands that it is Participant’s responsibility to consult with their personal physician prior to participating in the Event to ensure that such participation will not pose any unusual risks to their health and well-being. Participant authorizes the Released Parties to administer basic first aid and CPR and secure any necessary emergency medical care or transportation at the sole cost of Participant.

2. Image Release. Participant consents to be recorded, photographed, and videotaped related to the Event, and hereby irrevocably and perpetually authorizes any of the Released Parties to copyright, publish, reproduce, exhibit, transmit, broadcast, televise, digitize, display, otherwise use, and permit others to use (i) the Participant’s name, image, likeness, and voice, and (ii) all photographs, recordings, videotapes, audiovisual materials, writings, statements, and quotations of or by the Participant obtained, reproduced, or copied related to the recording of the Event (collectively, the “Materials”), in any manner, form, or format whatsoever now or hereinafter created, including on the Internet, and for any lawful purpose, including, the advertising or promotion of the Released Parties and/or the Event without further consent from or payment to the Participant. The Participant understands that the Released Parties is under no obligation to use the Materials. Participant agrees that all of the Materials are the sole property of the Released Parties and Participant further agrees not to contest the rights or authority granted to the Released Parties hereunder. The Participant hereby waives any right to inspect or approve the recordings, and modes of the use thereof as described above.

3. Indemnification. Participant hereby forever releases, indemnifies and holds harmless the Released Parties and each of their assignees, successors, officers, directors, agents, representatives, licensees, employees, sub-contractors, sponsors, shareholders, partners, members and affiliates from any and all present and future claims, actions, damages, liabilities, costs, or demands whatsoever (including reasonable attorneys' fees and court costs) arising out of or in connection with (i) any personal or property right and personal injury (and associated medical treatments by the Released Parties) arising out of the Event including: (a) personal injury (including death) from incidents or illnesses arising from Event participation; and (b) any and all claims relating to the Event, including but not limited to, damaged, lost or stolen property; and (ii) the exercise of the rights related to the Materials by the Released Parties, including any defamation (including libel and slander), invasion of privacy, right of publicity, copyright infringement, or any other personal or property rights from or related to any use of the Materials.

4. Governing Law. Participant agrees that this Agreement shall be governed by the laws of the State of California without regard to choice of law principles. To the maximum extent permitted by law, Participant waives any and all rights Participant may have under California Civil Code Section 1542, and every like provision of any foreign jurisdiction. Section 1542 provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

5. Arbitration Agreement. Participant agrees that any dispute arising out of or relating to this Agreement, or Participant’s presence and participation in the Event (collectively, the “Claims”), must be submitted to binding arbitration with JAMS, Inc., under its rules and procedures then in effect. Such arbitration shall occur in San Jose, California.

6. Class Action Waiver. Participant agrees that all Claims must be pursued on an individual basis only. By signing this Agreement, Participant hereby waives rights to commence, or to be a party to, any class or collective Claims against the Released Parties.

PARTICIPANT HAS CAREFULLY READ AND VOLUNTARILY SIGN THIS AGREEMENT. Participant understands its terms and is aware of its legal consequences, including that Participant hereby gives up substantial legal rights and that by signing this Agreement, Participant will not be able to sue the Released Parties if Participant is exposed to illness (including but not limited to COVID-19), personal injury, disability, other short-term or long-term health effects, and/or death, which might result from the actions, inaction, or negligence of Participant or any of the Released Parties. Participant accepts personal responsibility for any and all damages, liability, and other losses that Participant or any of Participant’s related persons may incur in connection with the foregoing risks.

IF PARTICIPANT IS LESS THAN 18 YEARS OF AGE PARENT/GUARDIAN MUST COMPLETE: I affirm that I am the parent or legal guardian of the above individual and I have the authority to give this authorization to his/her signing and consent of the above Agreement which I have read and approve.