July 2023
ALL PARTICIPANTS AND PARENTS/GUARDIANS OF MINORS: IT IS IMPORTANT THAT YOU READ THIS DOCUMENT CAREFULLY BEFORE AGREEING TO ITS TERMS BY TICK BOX. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND MAY AFFECT YOUR LEGAL RIGHTS AND MAY LIMIT YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS. IF THERE IS ANY TERM THAT YOU DO NOT UNDERSTAND, THEN PLEASE DISCUSS IT WITH US BEFORE AGREEING TO IT BY TICK BOX. WE STRONGLY ENCOURAGE YOU TO TAKE INDEPENDENT LEGAL ADVICE ON THIS WAIVER.
MINORS AGED UNDER 18: YOU MAY ONLY PARTICIPATE IF YOU YOUR PARENT OR LEGAL GUARDIAN / AN ADULT AGED 18 OR OVER AND YOUR PARENT OR LEGAL GUARDIAN HAS ACCEPTED THE TERMS OF THIS AGREEMENT.
PARENTS/LEGAL GUARDIANS: IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR, THEN BY CHECKING THE BOX BELOW OF THIS AGREEMENT YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT AND YOU ARE AGREEING TO THE MINOR’S PARTICIPATION IN ANY SERVICE OR EVENT HELD BY FOOTBALL STRENGTH CONDITIONING & REHABILITATION LIMITED.
Definitions and Interpretation
“Agreement” means this Waiver and all of its terms including Schedule 1.
“Activities” means your attendance at the Venue and/or your participation in the sporting (including football), rehabilitation, conditioning, strengthening, physio and similar activities at the Venue.
“Claim(s)” means all claims and actions for losses, costs, expenses and damages or similar, including legal fees and related expenses.
“you” means the participant in the Activities and who has accepted the terms of this Agreement below. If the participant is a Minor then ‘you’ also refers to the Parent/Guardian of such Minor who has accepted the terms of this Agreement below.
“FSCR” means Football Strength Conditioning & Rehabilitation Ltd, registered in England and Wales with company number is 11006336 and whose registered office is 30-31 Fifth Floor, Furnival Street, London, EC4A 1JQ.
“Inherent Risks” are described below in the paragraph 1.1, headed “Assumption of Inherent Risks”.
“Minor” means someone participating in any Activities who is below the age of 18 on the date of their Guardian/Parent’s assent to this Agreement.
“Parent/Guardian” means the Minor’s parent or legal guardian who has accepted and entered into the terms of this Agreement and is named below.
“Released Parties” are together FSCR and its affiliates and its and their respective directors, officers, shareholders, licensees, employees, partners, agents, contractors, advisors, consultants, insurers, suppliers (including suppliers of equipment), spectators, other participants, customers and volunteers, the Venue Owner and its affiliates, directors, officers, employees, agents, contractors, consultants, advisors, insurers, equipment suppliers, and volunteers, all FSCR sponsors (including event sponsors), organisers, promoters, officials, councils, governmental bodies and/or municipal agencies whose property and/or personnel are used; and any or all parent, subsidiary or group companies of FSCR.
“Releasing Parties” are together you, the Parent/Guardian, the Minor and their spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, beneficiaries, executors, administrators, successors and assigns, or anyone else bringing a Claim against FSCR or the Released Parties on your behalf.
“Rules” means all of the rules contained in this Agreement together with all of the health and safety regulations provided to you or posted at the facility, on the website www.footballscr.com and any further rules communicated to you by FSCR or its directors, employees, consultants or contractors.
“Services” means the football, strength, conditioning, rehabilitation, gym, physio and related services provided to you, including the provision of the Activities.
“Venue” means Power League Battersea 130 Thessaly Rd, Nine Elms, London SW8 5EJ, FSCR’s gym and treatment rooms at Power League Battersea and any further locations attended by you where FSCR deliver their Services to you.
“Venue Owner” means Power League Group Limited, registered in England and Wales with company number is 5384840and whose registered office is 172 Tottenham Court Road, 2nd Floor, London, England, W1T 7NS.
Paragraph and Schedule headings shall not affect the interpretation of this Agreement. Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, include the singular.
- Assumption of Inherent Risks and Limitation of Liability
- You hereby acknowledge and accept that:
- there is continuous risk of serious injury when participating in the Activities, including injuries that become apparent after participation in the Activities;
- participation in the Activities is physically and mentally strenuous, and requires extremely high physical and mental output which may result in personal injury;
- participation in the Activities is a test of your physical and mental limits that carries with it inherent risks of physical and mental injury;
- the Venue is an outdoor venue, and the Activities often take place in extreme temperatures, humidity, rain or fog;
- you will be interacting and be in close contact with others which may result in the spread of viruses, infections and illness (see paragraph 2 below)
- there are risks in delivering the Services that cannot be eliminated completely regardless of the care, measures and precautions taken by FSCR;
- you are, at all times, responsible for your own belongings when left at the Venue;
- when participating in the Activities, you are likely to come into physical contact with others who may be of different physical stature and ability;
- to participate in the Activities, you must make various decisions for yourself, including but not limited to:
- playing football;
- making or avoiding physical challenges;
- using heavy/light training equipment;
- entering into or avoiding physical contact with others;
- following reasonable instructions of FSCR;
- disclosing injuries or suspected injuries to FSCR; and
- participating in extreme temperatures, humidity, rain or fog.
(together, the “Inherent Risks”)
- You hereby acknowledge and represent to FSCR that you are fully aware of the Inherent Risks and that FSCR shall not be liable to you in respect of any injury, loss or damage caused by or related to the Inherent Risks (including all damages, costs and expenses).
- You agree and accept each term found in Schedule 1 at the bottom of this Agreement.
- You hereby acknowledge that as a result of the Inherent Risks you may incur, FSCR shall not be liable to you (in accordance with paragraph 1.2) for the following injuries:
- Minor injuries include but are not limited to: scrapes, bruises, cuts, grazes, abrasions, sprains, strains, muscle tension and soreness, dizziness, fainting, nausea, sunburn and electrolyte imbalance;
- Serious injuries include but are not limited to: broken bones, fractures, dislocations, torn ligaments and tendons, exposure, dehydration, heat exhaustion and other heat-related illnesses, hyperthermia, hypothermia, mental stress or exhaustion, infection, vomiting, microbial organism causing illness or disease, concussion, loss of consciousness, seizures, and/or injury and neurological disorders/pain; and
- Catastrophic injuries include but are not limited to: permanent disabilities, stroke, single or multiple organ failure or dysfunction, physical damage to organs, spinal injuries, paralysis, heart attack, heart failure, brain swelling, and even death.
- You agree to consult a medical professional prior to participating in any Activities to ensure that you are fit enough and in the right physical condition to partake in the Activities and to declare all existing or suspected medical conditions or injuries to FSCR prior to participating in the Activities.
- If you, at any time, suspect or become aware that any aspect of the Activities, Venue or equipment are unsafe or pose any risks to you or other customers, you agree to immediately notify FSCR staff or Venue Owner personnel.
- You accept that you are fully and solely responsible for the condition and adequacy of all equipment you bring to the Venue or use to participate in Activities, including gym straps, grips, gym equipment, clothing and footwear.
- Where the Activities include playing football, you agree to wear shinpads at all times. You acknowledge and agree that if you choose not to wear shinpads you are fully and solely responsible for any injuries caused when participating in football Activities as a result (directly or indirectly) . You acknowledge and agree that if you choose not to wear shinpads you do so at your own risk and FSCR shall not be liable to you for any injuries caused when participating in football Activities as a result of your failure to wear shinpads.
- You hereby acknowledge that this paragraph 1 (in particular the exclusion at paragraph 1.2) is reasonable given the nature of the Services provided by FSCR, the Activities and the Inherent Risks.
- COVID-19 Risk
- You hereby acknowledge the contagious nature of the SARS-CoV-2 virus (“COVID-19”) and voluntarily assume the risk that you may be exposed to or infected by COVID-19 when at the Venue or participating in the Activities and that such exposure or infection may result in personal injury, illness, permanent disability, and death.
- You hereby knowingly and voluntarily agree to comply with and adhere to all of FSCR’s COVID-19 and similar infectious disease and virus protocols in place at any time including but not limited to: (i) recognized social distancing practices; (ii) wearing a proper face mask; (iii) washing hands and/or using hand sanitizer frequently and avoiding touching of the face, and (iv) complying with other applicable governmental regulations.
- You agree that you will not attend the Venue or participate in the Activities if, in the previous 14 days: (i) you have been tested for or have a suspected or confirmed case of COVID-19; (ii) you have experienced any symptoms of COVID-19 including, without limitation, fever, cough or shortness of breath; or (iii) you been exposed to or in close contact with a person known to have COVID-19 (or any known symptoms thereof).
- Waiver of Rights and Limitation of Liability
- You hereby forever waive, release, covenant not to bring any Claim, and fully discharge FSCR and the Released Parties from any and all Claims arising out of your participation in the Activities as a result (direct or indirect) of the Inherent Risks.
- Nothing in this Agreement shall limit or exclude either FSCR’s liability for: (i) death or personal injury resulting from FSCR’s negligence; (ii) breach of statutory duty; (iii) criminal acts; (iv) fraud; (v) or any liability that cannot be excluded under English law.
- This limitation shall survive the end of your participation in any Activities.
- You hereby agree to reimburse FSCR and the other Released Parties and agree to indemnify FSCR (and keep FSCR indemnified) in respect of and all losses incurred by FSCR or the Released Parties as a result of:
- any and all Claims made by any third party (including but not limited to the Released Parties and any football club by which you are employed or have an academy agreement) as a direct or indirect result of your actions when participating in Activities or attending the Venue;
- your breach of this Agreement; and
- damage to, loss of, or theft of your personal property when attending the Venue.
- This indemnity shall survive the end of your participation in any Activities.
FSCR will use reasonable care and skill to deliver the Services and ensure the Venue is fit and suitable for hosting the Activities, taking into account the nature of the Inherent Risks.
- Parent/Guardian’s Joint and Several Liability
All Parents/Guardian’s and Minor’s agree and acknowledge that FSCR shall be free to bring any legal action under this Agreement against either or both the Parent/Guardian and the Minor.
- Jurisdiction: You understand and agree that if legal action is brought in connection with this Agreement or its subject matter, the courts of England and Wales shall have the sole and exclusive jurisdiction over the action and that only the substantive laws of England and Wales shall apply.
- Severability: You understand and agree that if any court finds that any provision of this Agreement (or part of any provision) is invalid, unlawful, void, or for any reason unenforceable, then that provision or part-provision shall, to the extent required, be deemed to be deleted from this Agreement, and the validity and enforceability of any remaining provisions of this Agreement shall not be affected.
- Entire Agreement: This Agreement supersedes any and all previous oral or written promises or agreements. You understand that this is the entire Agreement (together with FSCR’s Terms and Conditions) between you and FSCR relating to its subject matter and cannot be modified or changed in any way by representations or statements by any agent or employee of FSCR.
- Variation: You and FSCR may only vary the terms of this Agreement by mutual agreement in writing.
Schedule 1
You hereby confirm the following to FSCR:
- You are in good health and in proper physical condition to safely participate in the Activities;
- You confirm that you have disclosed all or have no known or reasonably obvious physical or mental conditions that would affect your ability to safely participate in the Activities, or that would result in your participation creating a risk of danger to myself or to others;
- FSCR recommends and encourages that you obtain medical clearance from a qualified medical practitioner prior to your participation in any Activities;
- You confirm that you have not been cautioned against participating in the Activities by any medical practitioner.
- Where you are an academy, professional or semi-professional football player, you have obtained full permission from your club to participate in all your Activities.
- You understand it is your responsibility to continuously monitor your own physical and mental condition during the Activities, and you agree to withdraw immediately and to notify appropriate FSCR personnel if your continued participation would create a risk of danger to myself or to others.
- In the event of an injury to you that renders you unconscious or incapable of making a medical decision, you authorise appropriate FSCR personnel and emergency medical personnel at the FSCR facility to make reasonable emergency medical decisions on your behalf (including, but not limited to CPR and use of an Automated External Defibrillator). You authorise FSCR to secure emergency medical care or transportation for you when deemed necessary by FSCR.
- You agree to familiarise myself with all Rules and to follow them throughout your time at the Venue. All Parent/Guardian’s agree ensure the Minor in their control reads and fully understands the Rules.
- FSCR may stop or prevent your participation in the Activities (and, if necessary, have you removed from the Venue) if your participation, conduct, or presence endangers your or any person present at the Venue. FSCR reserved the right to remove you from the Venue should you endanger or attempt to injure any other participant in the Activities.
- You will not be under the influence of alcohol or any non-prescription drugs or prescription drugs which may impact your physical performance when attending the Venue.
- You agree that:
- FSCR may collect and process personal data relating to injuries and medical conditions;
- in the case of an emergency FSCR may use the emergency contact details provided when registering; and
- You expressly consent to FSCR’s collection, use and disclosure of your personal information as described in FSCR’s privacy policy which can be found at www.footballscr.com.
- You understand that any and all photographs, motion pictures, recordings, and/or likenesses of you captured during FSCR services by FSCR, its affiliated entities or contractors are the sole property of FSCR. You acknowledge that such photographs, motion pictures, recordings, and/or likenesses of you may be edited, disseminated, adapted, modified, copied, used and/or exploited in whole or in part in all media and formats throughout the world in perpetuity for any legitimate commercial or non-commercial purpose, including but not limited to promoting, advertising and marketing FSCR and events held by FSCR, without prior notice or compensation. You further understand that FSCR have the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses of you without any compensation to you.
- You (and if applicable, you on behalf of your image rights company) hereby grant a non-exclusive royalty free licence to FSCR to use your name, image and related intellectual property rights to market FSCR’s services and events. You hereby waive any rights of action against FSCR and the Related Parties relating to the use of your name and image where FSCR have used your name and image in accordance with this paragraph.
- You are an adult capable of entering into this Agreement.
PARTICIPANTS
I have read this Agreement (including Schedule 1) and fully understand and agree to its terms. I understand that I am limiting and waving certain rights, including my right to sue for personal injury. I further acknowledge that I am accepting the terms of this Agreement freely and voluntarily and have had the opportunity to take independent legal advice on this Agreement.
Full name: _____________________
Address: _____________________
Signed: _____________________
Dated: _____________________
IF THE PARTICIPANT IS A MINOR (I.E. AGED 13, 14, 15, 16 OR 17 ON THE DATE OF THEY ACCEPT THE TERMS OF THIS AGREEMENT) THEN THEIR PARENT OR GUARDIAN MUST ALSO ACCEPT THE TERMS OF THIS AGREEMENT.
PARENTS/GUARDIANS
I confirm that I am the parent or legal guardian of the above-named participating Minor and that I have read this Agreement (including Schedule 1) and fully understand and agree its terms. I understand that by assenting to the terms of this Agreement I am limiting my rights, including my right to sue. I further acknowledge that I am accepting the terms of this Agreement freely and voluntarily. I confirm that I am an adult aged 18 or over.
Full name: _____________________
Address: _____________________
Signed: _____________________
Dated: _____________________
