La Finca Adult Player Waiver

*Required only once per calendar year.

By signing the waiver you agree to the terms and conditions written below.

Please scroll to the bottom and sign.

Assumption of Risk  Waiver of Liability  Indemnification Agreement

La Finca Futbol (hereafter referred to as La Finca) is a company that provides opportunities for adult sport participation, and organizes in-house youth and adult soccer activities. Opportunities include clinic, league and tournament play; individual and group practice; pick-up games; and corporate events.

Some of the many benefits of La Finca activities include opportunity to compete and excel, improved self-confidence, better health, improved fitness, increased sense of belonging, wholesome recreation, social interaction, weight loss, improved appearance, and improved self-image. The exertion level of all sports – including soccer –  is moderate to strenuous, depending upon the motivation of the individual.

While the many benefits of these activities are apparent, La Finca and its staff regard participant safety as a top priority and feel it is important that the PARTICIPANT/PARENT (which refers to either an Adult Participant OR a Minor Participant and Parents/Guardians) understand that there are risks inherent in all physical activity. La Finca takes great care to reduce the risks (e.g., establishment of safety rules and warnings; referees at all league and tournament games; supervision of parties and corporate events) associated with soccer and other sport activities.  La Finca, however, does not supervise individual activity and activity on rented fields.

However, regardless of the care taken to avoid injuries, some risks are inherent in all sport activities and cannot be totally eliminated. A few examples of the many inherent risks include, but are not limited to, heat- or cold-related illnesses; over-exertion; imperfect playing surfaces; failure to adhere to posted rules or warnings; careless, erratic, or negligent actions of co-participants; collisions with objects or co-participants; falls to the playing surface; unexpected equipment failure or malfunction; being struck by a ball; being kicked or bumped; ability of the participant to play; and, careless or erratic actions by children at parties.

La Finca feels that it is important that the PARTICIPANTS understand that three types of injuries can occur. Minor injuries are the most common and include, but are not limited to, muscle soreness, headaches, sprains, abrasions, and bruises.  Serious injuries are less common, but do occur occasionally. They include, but are not limited to, broken bones, concussions, torn ligaments or cartilage, eye injuries, cuts, and internal injuries. Catastrophic injuries are very rare; but La Finca feels that every PARTICIPANT should be aware of the slight possibility. These injuries include, but are not limited to, permanent disability, brain injury, paralysis and even death.

Assumption of Inherent Risks:  I, the PARTICIPANT/PARENT, understand that all activities of La Finca include inherent risks that cannot be totally eliminated regardless of the care taken by La Finca, I, the PARTICIPANT, have read the preceding paragraphs and

1. Know

2. Understand, and

3. Appreciate the types of injuries inherent in PRIME activities

   
   

I, the PARTICIPANT, hereby assert that participation is voluntary and the PARTICIPANT knowingly assume all inherent risks of the activity, today and on all future dates.

Waiver of Liability for Ordinary Negligence of La Finca, PRIME Athletic Center and Babcock Farms LLC (the landlord for PRIME Athletic Center at 201 Hurley Ave, Kingston, NY): In consideration of permission to use the property, facilities, equipment, and services of La Finca, today and on all future dates, I, the PARTICIPANT, on behalf of myself, my spouse, heirs, executors, administrators, personal or legal representatives, and assigns [hereafter referred to as the Releasing Parties] do hereby waive, release, discharge and covenant not to sue La Finca or Babcock Farms LLC [all owners, directors, officers, employees, volunteers, independent contractors, agents and equipment suppliers - hereafter referred to as the Protected Parties] from liability from any and all claims, demands, and actions of every name and nature  arising from the ordinary negligence of the Protected Parties. 

This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation (or presence on the premises) in La Finca activities including, but not limited to: recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; as an observer or spectator; and individual use of all facilities. This applies to all facilities, fields, equipment, and all other premises including the associated parking lot, exterior area and to 2) any and all claims resulting from the damage to, loss of, or theft of property.

Indemnification: I, the PARTICIPANT, agree to hold harmless, defend, and indemnify La Finca, Babcock Farms LLC and Protected Parties (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees and related expenses)

• From any and all claims of the Releasing Parties arising from an injury to or loss by PARTICIPANT due to our participation or presence at PRIME (including claims arising from the inherent risks of La Finca activities or from the Ordinary Negligence of La Finca, Babcock Farms LLC or Protected Parties.

• From any Loss due to the conduct of PARTICIPANT in the course of our presence at La Finca.

Clarifying Clauses: I, the PARTICIPANT/PARENT confirm that:

1. This is the entire agreement between me and La Finca and that it cannot be modified or changed in any way by representations or statements by any agent or employee of La Finca.

2. This agreement is intended to be as broad and inclusive as is permitted by the laws of the State of business and that if any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect.

3. If legal action is brought, the appropriate trial court for the County of business or the United States District Court for the District has the sole and exclusive jurisdiction and that only the substantive laws of the State of business shall apply. 

   
   

Acknowledgements to Promote Participant Safety: These affirmations aid La Finca in providing for participant health and safety.  

Health Status.  The PARTICIPANT affirm that he or she:

• Possesses no health problems or physical disabilities that would make participation unwise, or risk injury.

• Will cease activity and inform La Finca of any health problem that arises during participation.

• Possesses sufficient skills, coordination, and physical fitness to safely participate.

• Is aware of potential exposure to communicable disease (including but not limited to coronavirus/COVID-19, other viruses, bacteria, and all other infectious pathogens and disease vectors).

  
  

Medical Care.  The PARTICIPANT affirms that he or she:

• Authorizes La Finca to secure emergency medical care and transport if deemed necessary.

• Agrees to assume all cost of the care and transportation listed above.

  
  

Rules and Safety. The PARTICIPANT affirms that he or she agrees:

• To wear all recommended safety gear during participation.

• To follow all rules of the activity at La Finca.

• That La Finca has authority to halt my participation if it endangers the participant or others.

Any La Finca employee, customer or other visitor who experiences or witnesses any violations of this Code of Conduct, or other improper behavior, by a customer or other visitor on La Finca premises is encouraged to notify a member of La Finca Management immediately. La Finca is committed to investigating and addressing any and all complaints of inappropriate conduct.

Acknowledgment of Understanding: I, the PARTICIPANT, have read and understand this Agreement. I understand that I am giving up substantial rights, including the right of both the participant and the parent or guardian to recover damages in the event of death, injury or loss. I, the PARTICIPANT, acknowledge that I am voluntarily signing this agreement, and intend my signature to be a complete release of all liability, including that due to inherent risks or to ordinary negligence by the Protected Parties, to the greatest extent allowed by law of the State.

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