WAIVER  AND INDEMNIFICATION AGREEMENT

The undersigned __________________________________ (“Releasor”) is the parent or legal guardian of _______________________________ (“Player”) and hereby acknowledges that the execution of this Agreement is a condition to the participation by Player in the travel soccer club and associated activities (“Soccer Activities”) of the Acadia Fire Football Club (“AFFC”), and accordingly agrees as follows:  

1.  Releasor understands that Soccer Activities can be dangerous and are subject to inherent risks, including but not limited to death and physical injury to players and spectators, as well as property loss and damage, and hereby voluntarily accepts and assumes all such risks on behalf of Player whenever and wherever incurred during Player’s participation in AFFC Soccer Activities.  

2.  In consideration of AFFC’s conducting Soccer Activities and Player’s participation therein, Releasor expressly waives, for Player, and for himself or herself, and his or her heirs, assigns, executors, administrators, attorneys and agents, any claims or causes of action Releasor may have against AFFC or any of AFFC’s principals, employees, agents or representatives arising in any way out of Player’s participation in Soccer Activities, including without limitation any loss, liability, damage or expense incurred by reason of the death or physical injury of Player or any other person and the loss of or damage to any property,  other than any such loss, liability, damage or expense conclusively proven to have been caused directly by an action taken or omitted to be taken by AFFC in bad faith.  

3.  Releasor further waives, to the extent allowed by law, the protection afforded by any law of any jurisdiction, the purpose, substance or effect of which is to limit a general release and/or provide that a general release shall not extend to any claims that the person giving the release does not know exist or does not suspect to exist at the time of giving the release.   

4.  Releasor hereby indemnifies and holds harmless AFFC, and any of AFFC’s principals, employees, agents or representatives, from and against any claim or cause of action brought by any other person or entity against AFFC or any of AFFC’s principals, employees, agents or representatives arising in any way out of Player’s participation in Soccer Activities, including without limitation any loss, liability, damage or expense (including reasonable attorneys’ fees) incurred by reason of the death or physical injury of any person and the loss of or damage to any property (a “Third Party Claim”), except to the extent that any such loss, liability, damage or expense is conclusively proven to have been caused directly by an action taken or omitted to be taken by AFFC in bad faith.  

Releasor shall provide for the defense of AFFC (and any of AFFC’s principals, employees, agents and representatives) against any Third Party Claim, shall consult and cooperate with AFFC on all aspects of such defense and shall pay all fees and expenses incurred by or on behalf of AFFC in connection therewith.  AFFC shall have the right to substitute defense counsel of its own choosing, and the reasonable fees and expenses of such counsel shall be paid by Releasor.  Releasor shall not settle any Third Party Claim in a manner that obligates AFFC in any way without AFFC’s prior written consent.  

5.  Releasor acknowledges and agrees that it is Releasor’s sole responsibility to procure and maintain all appropriate health, liability and property loss insurance to protect against Player’s participation in Soccer Activities and the obligations of Releasor undertaken in this Agreement. 

6.  Releasor agrees to comply, and to cause Player to comply, with all instructions, rules and regulations of AFFC in connection with Soccer Activities. 

7. AFFC reserves the right to use photos and videos of Player for the advertisement of AFFC through various digital and print mediums including, but not limited to, social media and print advertisements.

8.  This Agreement shall be governed by and construed in accordance with the laws of the State of Maine.  If any term of this Agreement is determined to be prohibited, void, invalid or unenforceable in any jurisdiction, such term shall, as to such jurisdiction, be ineffective to the extent of such prohibition or invalidity without in any way affecting any other term hereof or the validity or enforceability of this Agreement or of such term in any other jurisdiction.