2023 US Outdoor Canada Waiver

2023 US Outdoor Player Waiver Canada

Player Name*
First Last
Email
Phone
T-Shirt/Sweatshirt Size*
Division*
Select your Division and the teams will change. Make sure you select the correct division.
A Division Team*
C Division Team*
Novice Division Team*
Over 50 Division Team*
Secondary Team(s)
If you play on multiple teams in the event please put them in this sections
INDEMNITY AND HOLD HARMLESS AGREEMENT
This Indemnity and Hold Harmless Agreement (“Agreement”) is effective on October, 2023 (“Effective Date”) between the Catalyst Street Hockey LLC with an address for purposes of this Agreement located at 54 Hamilton Avenue, Billerica, MA, 01821 and the Player with an address for purposes of the Agreement. Catalyst Street Hockey LLC and Player are hereinafter referred to individually as a “Party” and collectively as the “Parties.”
BACKGROUND
A. Player acknowledges that there are inherent risks in playing ball hockey and in the ordinary course such risks may include significant injury. B. Player further acknowledges that any injury sustained while playing ball hockey is the sole responsibility of the Player. C. Player agrees to be bound by the laws of Massachusetts. NOW, THEREFORE, with the foregoing Background recitals incorporated herein by this reference and for and in consideration of the mutual covenants and agreements herein set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each Party, the Parties hereby agree as follows: 1. Agreement. (a) To defend, indemnify and hold Catalyst Street Hockey LLC and their members, employees, independent contractors and staff harmless from any and all loss which Player may sustain or claim to have sustained or incurred by reason arising out of or in connection with the Services or discontinuation of Services. “Loss" refers to any and all direct, indirect, consequential, or other liability, threat, damage, suit, loss, claim, demand, action, arbitration, alternative dispute resolution mechanism, investigation, inquiry, administrative hearing and expense or any other actual, threatened or completed proceeding, known or unknown or due to become due or otherwise, whether civil, criminal, administrative or investigative (including legal fees incurred from legal services provided by legal professionals at Catalyst’s choosing), amounts paid in settlement, interest, court costs, investigators, accountants, financial advisors and other disbursements and experts), whether caused by negligence or otherwise, including, without limitation, injury or threatened injury resulting from the Services, loss, claim, demand, action, judgment, fine, fee, deficiency, demand, penalty and/or expense or other loss on account to injury to person, death, or property damage or economic loss, and whether or not based on statutory, contractual tort, or other duties. 2. Consideration. In consideration for Catalyst Street Hockey LLC providing the Services to Player, Player hereby agrees to defend, indemnify and hold Catalyst and their members, employees, independent contractors and staff harmless from all losses. 3. Miscellaneous. (a) The captions appearing in this Agreement are inserted and included solely for convenience and shall not be considered or given effect in construing this Agreement, or its provisions, in connection with the duties, obligations or liabilities of the Parties or in ascertaining intent, if a question of intent arises. (b) This Agreement and the documents referenced herein collectively embody the entire agreement between the Parties relating to the subject matter hereof. No variations, modifications, changes or amendments to this Agreement shall be binding upon a Party unless set forth in writing and signed by the Parties, or a duly authorized representative or agent of a Party, as the case may be. (c) If any term or provision of this Agreement, or any application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held valid or unenforceable, shall not be affected thereby, and the balance of the terms and provisions of this Agreement shall be valid and enforced to the fullest extent permitted by law. (d) This Agreement and the rights and obligations of the Parties shall be interpreted, construed, and enforced in accordance with the laws of the State of MA, excluding choice of law rules and application thereof. (e) The Parties agree that any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement, whether in contract, tort or otherwise, shall be brought in to the courts of the state of MA, as applicable, and without reference to where Services are provided or choice-of-law principles that would result in the application of the laws of a different jurisdiction. The Parties irrevocably consent to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waive, to the fullest extent permitted by law, any objection that it may now or hereafter have to laying of venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient form. The Parties hereby consent to personal jurisdiction by any such court with respect to any such proceeding. (f) This Agreement may be executed electronically and in counterparts, which may be transmitted electronically or via facsimile, each of which shall constitute an original of this Agreement. When counterparts or copies have been executed by the Parties, they shall have the same effect as if the signatures to each counterpart or copy are upon the same document and copies of such documents shall be deemed valid as originals. (g) The rights, indemnities and remedies herein provided are cumulative and are not exclusive of any rights, indemnities or remedies that Center may otherwise have by contract, at law or in equity or otherwise.
IN WITNESS WHEREOF, the Parties executed this Agreement or caused this Agreement to be executed by a duly authorized representative as of the Effective Date. USA BALL HOCKEY FOUNDATION
Consent*
I agree to the Release Form terms above.