Emerald City Ball Hockey League — Player Participation Release
In consideration of my child/ward (the "Participant") being permitted to register for and participate in programs, practices, scrimmages, games, tryouts, and related activities of the Emerald City Ball Hockey League ("ECBHL"), a [Washington nonprofit corporation / limited liability company], sanctioned or supported by USA Ball Hockey ("USABH"), I, the undersigned parent or legal guardian, agree to the following in my own individual capacity and, to the fullest extent permitted by law, on behalf of the Participant. This Agreement applies to the season for which the Participant is registering and to any later season in which the Participant registers, unless I revoke it in writing before that participation begins.
I understand that ball hockey is a physical, fast-moving sport that carries inherent risks of injury — including, without limitation, contact with sticks, balls, pucks, other participants, playing surfaces, boards, walls, nets, benches, and equipment; slips, trips, and falls; sprains, strains, fractures, and dental and eye injuries; heat illness and cardiac events; concussion and other head, neck, and spine injuries; exposure to communicable disease; risks arising from travel to and from activities; and, in rare cases, permanent disability, paralysis, or death. I further understand and accept that these risks may be increased by the conduct of other participants, spectators, coaches, officials, and volunteers, including conduct that is careless or in violation of the rules of play, and by the condition of the facilities and equipment used. I have had the opportunity to inspect the facilities and equipment and to ask questions about the activities, and I knowingly and voluntarily accept and assume all such risks, both known and unknown, on behalf of myself and, to the fullest extent permitted by law, on behalf of the Participant.
To the fullest extent permitted by law: (a) I release, waive, discharge, and covenant not to sue the Released Parties from and for any and all liability, claims, demands, or causes of action of my own — including my individual and derivative claims, claims for loss of services, companionship, or consortium, claims for medical, hospital, and related expenses I incur or am obligated to pay on the Participant's behalf, and claims for property damage — arising out of or related to any loss, damage, or injury (including death) sustained by the Participant or by me while participating in, attending, or traveling to or from ECBHL activities, whether caused by the ordinary negligence of the Released Parties or otherwise; and (b) to the extent (and only to the extent) such a release is enforceable under Washington law, I release the same claims on the Participant's behalf. I acknowledge that Washington law limits a parent's ability to release a minor's own claims for negligence, and that subsection (b) is intended to operate only where and to the extent the law permits; the unenforceability of subsection (b) does not affect subsection (a) or any other provision of this Agreement.
The "Released Parties" means, individually and collectively: ECBHL and its affiliated entities; USA Ball Hockey; their respective owners, directors, officers, coaches, instructors, volunteers, officials, employees, and agents; and the owners, operators, and lessors of any facility or venue where activities are held. Memcap LLC, the technology and registration-platform provider, is a Released Party solely with respect to claims arising out of the Participant's physical participation in ECBHL activities; nothing in this Agreement releases Memcap LLC or any other party from claims arising out of the collection, use, storage, disclosure, or security of personal, health, or payment information, which are governed by the ECBHL privacy notice and applicable law.
This release does not apply to conduct that is found to be grossly negligent, reckless, or intentionally wrongful; does not apply to any claim that cannot lawfully be released or waived on a minor's behalf under Washington law; and does not waive any right that cannot be waived under Washington law. Each of the above is severable, and the invalidity of any part of this release does not affect the remainder.
To the fullest extent permitted by law, I agree to indemnify and hold harmless the Released Parties from any claim, loss, liability, damage, or cost (including reasonable attorneys' fees) they actually incur arising out of (a) a claim I bring in my own capacity in breach of Section 2(a); (b) injury, loss, or damage caused to a third party or to property by the Participant's conduct; or (c) my or the Participant's violation of the ECBHL or USABH rules or code of conduct. This indemnity does not extend to the Participant's own claims for personal injury, and does not extend to any loss caused by the gross negligence, recklessness, or intentional misconduct of a Released Party. I acknowledge that Washington law does not permit a parent to indemnify a third party against a minor's own negligence claim, and this Section is not intended to have that effect. The Released Parties will give me prompt written notice of any claim for which indemnity is sought and will not settle any such claim without my consent.
I confirm that I have disclosed in the registration form every medical condition, allergy, medication, prior concussion or head injury, and physical limitation known to me that could affect the Participant's safe participation, and I will promptly update ECBHL if that information changes. I understand that ECBHL does not conduct medical evaluations and does not determine whether the Participant is fit to participate; that determination is mine, in consultation with the Participant's health care provider. In the event of injury or illness, I authorize ECBHL coaches, officials, staff, and volunteers to render or arrange first aid within the scope of their training, to use an automated external defibrillator, and to summon emergency medical services; and, if I cannot be reached, I consent under RCW 7.70.065 to the Participant's examination and treatment by licensed medical personnel. I accept responsibility for all resulting medical, ambulance, and hospital costs.
I understand that participation in sanctioned play may require active USA Ball Hockey membership and any associated participant coverage, and that I am solely responsible for completing each USABH membership step within the applicable enrollment window for the season in question before the Participant takes the floor. I further understand that ECBHL does not provide medical, health, disability, or accident insurance for participants; that my own medical and health insurance is the primary source of coverage for the Participant; and that any USABH participant coverage is provided by USABH on USABH's terms, conditions, and limits, as to which ECBHL makes no representation, warranty, or guarantee of scope, adequacy, or availability.
Photo and video consent is collected and honored separately as part of registration. My selection there (opt-in or opt-out) governs whether the Participant may appear in ECBHL photography or video. Any consent I give is granted without expectation of compensation and may be revoked prospectively by written notice to ECBHL; revocation does not require ECBHL to recall, alter, or retrieve materials already published or distributed.
I agree that the Participant and our family, including any spectator attending at our invitation, will abide by the ECBHL and USABH rules, codes of conduct, and facility rules then in effect (each of which is incorporated into this Agreement by reference and available on request), and the reasonable directions of coaches and officials. I understand that ECBHL may suspend or terminate participation, or remove any person from a facility, for conduct that endangers others, disrupts play, or violates those rules, and that no refund of fees is owed where participation is terminated for such conduct.
I agree that the Participant will wear all protective equipment required by ECBHL and USABH rules at all times during practices, scrimmages, and games — including at minimum a properly fitted hockey helmet with an approved full facemask, a mouthguard, gloves, and shin protection — and that ECBHL may deny the Participant floor time if required equipment is missing, damaged, or improperly worn. I am responsible for supplying, inspecting, and maintaining the Participant's equipment. I understand that any equipment ECBHL loans or rents is provided on an as-is basis, that ECBHL does not warrant that any equipment will prevent injury, and that no protective equipment eliminates the risk of injury, including concussion.
I acknowledge receipt of the ECBHL concussion and head injury information sheet and agree that it must be signed and returned by me and by the Participant each season before the Participant may practice or compete, consistent with RCW 28A.600.190 (the Zackery Lystedt Law) and with any compliance agreement ECBHL has with a school district or facility owner whose premises it uses. I agree that if the Participant is suspected of having sustained a concussion or head injury, the Participant will be removed from play immediately and may not return to practice or play until evaluated by a licensed health care provider trained in the evaluation and management of concussion and cleared to return in writing by that provider. I will provide that written clearance to ECBHL, and I will notify ECBHL of any concussion the Participant sustains outside ECBHL activities.
I understand that registration fees are due on the schedule stated at registration, and that ECBHL may cancel, reschedule, relocate, shorten, or combine sessions, divisions, or games because of facility availability, weather, low enrollment, public health orders, or other circumstances outside its reasonable control. ECBHL's sole obligation, and my sole remedy, in that event is a pro-rated refund or credit for sessions not delivered, as determined under the published ECBHL refund policy. Nothing in this Section limits any right I have that cannot be limited by agreement.
If any provision of this Agreement is held invalid, void, or unenforceable, that provision will be enforced to the greatest extent permitted by law and the remaining provisions will remain in full force and effect; in particular, if any release, waiver, or indemnity given on the Participant's behalf is held unenforceable, it will be construed and enforced as a release, waiver, or indemnity of my own claims only. This Agreement is the entire agreement between me and ECBHL on its subject matter, supersedes any prior oral or written statement about it, and may be amended only by a written instrument published by ECBHL and accepted by me at or before registration for the affected season. This Agreement is intended to be as broad and inclusive as the law allows, binds me and my heirs, executors, administrators, and assigns, and runs to the benefit of the Released Parties, each of whom may enforce it directly. My failure to receive or read any document incorporated by reference does not affect its application.
I HAVE READ THIS WAIVER AND HOLD-HARMLESS AGREEMENT IN ITS ENTIRETY, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR THEIR OWN NEGLIGENCE. I have had the opportunity to ask questions and to consult an attorney of my choosing, and I agree to this Agreement freely and voluntarily, without any inducement, assurance, or guarantee having been made to me. I confirm that I am the Participant's parent or legal guardian with authority to sign on the Participant's behalf, and that no other person's consent is required.
Agreement to this waiver is captured electronically at the time of registration (checkbox with a date and time stamp, together with the registering account and IP address). I consent to transact by electronic record and electronic signature under the Washington Uniform Electronic Transactions Act, chapter 19.360 RCW, and I agree that the electronic record of my agreement has the same effect as a handwritten signature. ECBHL will retain that record and make a copy available to me on request. This Agreement is governed by the laws of the State of Washington, without regard to its conflict-of-laws rules, and the exclusive venue for any dispute is the state courts located in King County, Washington.