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ESPN Wide World Of Sports Complex Waiver (Adult)
Please Print (18 Years of Age or Older)
Participant Information
First Name: _________________________________ M.I. ______ Last Name: ___________________________________________________
Event Information
Name of Event: 2024 US Youth Soccer National Championship Event Date: July 21, 2024 July 28, 2024
Event Host: US YOUTH SOCCER Activity(ies): Soccer
TERMS AND CONDITIONS OF PARTICIPATIONREAD CAREFULLY BEFORE SIGNINGTHIS IS A MULTIPAGE FORM
In consideration of being permitted to participate in the event(s) referenced above (“Event”) and activities referenced above or other activities
conducted in conjunction therewith (“Activity”) (collectively, the Event/Activity”), wherever the Event/Activity may occur, I hereby attest that, after
reading this waiver (“Waiver”) completely and carefully, I acknowledge that my participation in the Event/Activity is entirely voluntary, and I
further understand and agree as follows:
I. COVID-19 And Any Other Communicable Or Infectious Disease: Liability Waiver, Class-Action Waiver, Binding Arbitration, And Other Provisions
By arranging to participate in an Event at the Walt Disney World® Resort and in consideration thereof, and in consideration for being able to visit and/or
participate in attractions, transportation, and activities at the Walt Disney World® Resort, I agree, understand, and acknowledge, on my own behalf and
on behalf of any individual who uses a ticket, pass, or reservation made by me, as follows (collectively, the “COVID-19 and Other
Communicable/Infectious Disease Provision”):
Assumption Of Risk: I acknowledge that an inherent risk of exposure to the disease COVID-19 (as defined by the World Health Organization and any
strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), and any other communicable or
infectious disease, exists in any public place where people are present. “Communicable disease” means any disease or illness caused by microorganisms
such as bacteria, viruses, parasites, or fungi that can be spread, directly or indirectly, from one person to another. “Infectious disease” means any disease
or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that enter the body, multiply, and can cause an infection. COVID-19 is
an extremely contagious communicable disease that can lead to severe illness and death. No precautions can eliminate the risk of exposure to COVID-
19, and the risk of exposure applies to everyone. According to the Centers for Disease Control and Prevention (“CDC”), older adults (people 65 years and
older) and people of any age who have underlying medical conditions might be at higher risk for severe illness and death from COVID-19. I acknowledge
that the risk of exposure to COVID-19 and any other communicable or infectious disease includes the risk that I will expose others that I later encounter,
even if I am not experiencing or displaying any symptoms of illness myself. By visiting and/or participating in attractions, transportation, and activities
at the Walt Disney World® Resort, I agree to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable
or infectious disease, including illness, injury, or death of myself or others, and including without limitation, all risks based on the sole, joint, active or
passive negligence of any of Disney Destinations, LLC and Walt Disney Parks and Resorts U.S., Inc., and their respective parent, subsidiary, affiliated or
related companies including, without limitation, ESPN, Inc. and its affiliated and subsidiary companies, and each of their respective parent, subsidiary,
affiliated or related companies (the “Disney Companies”) the sponsors of the Disney Companies and of the Event, Event Host, Event contractors, and
each of their respective parent, subsidiary, affiliated or related companies; broadcasters of the Event, Central Florida Tourism Oversight District; and the
officers, directors, employees, agents, contractors, sub-contractors, representatives, successors, assigns, and volunteers of each of the foregoing entities
(collectively, the “Released Parties”). I acknowledge that my visit and participation are entirely voluntary.
Waiver: On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, agree to forever waive, covenant
not to sue, release, and discharge the Released Parties, named above, from any and all liability, claims, causes of action, damages, costs, or expenses of
every kind, including, but not limited to, all claims and causes of action based on the sole, joint, active or passive negligence of any of the Released
Parties (“Claims”), arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during my visit to
and/or participation in attractions, transportation, and activities at the Walt Disney World® Resort. This waiver of liability and the assumption of risk set
forth above is intended to be as broad and inclusive as is permitted by law.
Acknowledgment Of Assumption Of Risk And Waiver By Other Users: I attest, acknowledge, and agree that any individual for whom I have bought a
ticket or pass or made a reservation or who uses a ticket, pass, or reservation made by me has independently and carefully read this COVID-19 and Other
Communicable/Infectious Disease Provision and has knowingly and independently acknowledged and agreed to all its provisions, including without
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limitation (1) to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease,
including illness, injury, or death of himself, herself, or others, and including without limitation, all risks based on the sole, joint, active or passive
negligence of any of the Released Parties, named above, and (2) to agree, on his or her own behalf and his or her heirs, executors, personal
representatives, administrators, and assigns, to forever waive, covenant not to sue, release, and discharge the Released Parties, named above, from any
and all Claims, arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during his or her visit to
and/or participation in attractions, transportation, and activities at the Walt Disney World® Resort.
Third-Party Beneficiaries: I acknowledge and agree that any individual for whom I have bought a ticket or pass or made a reservation or who uses a
ticket, pass, or reservation made by me is and is intended to be a third-party beneficiary of that ticket, pass, or reservation made by me.
Waiver of California Civil Code § 1542: I acknowledge and agree that I am familiar with, understand, and do waive any rights and benefits of the
provisions of Section 1542 of the California Civil Code, and any similar provisions of other jurisdictions, which provides that:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the
time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or
released party.
Indemnity/Insurance: On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to
indemnify and hold each of the Released Parties harmless from and against any and all Claims made or incurred by anyone, including myself, and any
individual who uses a ticket, pass, or arrangement made by me, arising out of or in any way relating to my purchase of an admission ticket(s) or pass(es)
and/or my making of a reservation(s), and subsequent visit to and/or participation in attractions, transportation, and activities at the Walt Disney Worl
Resort and arising out of any and all risks described above in the section titled Assumption of Risk or in any other way related to exposure to COVID-19
and any other communicable or infectious disease, wherever such activities may occur and whether suffered before, during, or after such participation.
My indemnification obligations shall include, without limitation, all attorneys’ fees and costs incurred by any of the Released Parties through and including
any appeals. I understand and agree that I am not relying on the Released Parties to have arranged for, or carry, any insurance of any kind for my benefit
relative to my visit to and/or participation in attractions, transportation, and activities at the Walt Disney World® Resort, and that I am solely responsible
for obtaining any mandatory or desired life, travel, accident, property, or other insurance related to my visit to and/or participation in attractions,
transportation, and activities at the Walt Disney World® Resort, at my own expense.
Binding Arbitration: I AGREE THAT, UPON ELECTION BY EITHER PARTY, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING UNDER OR RELATING IN
ANY WAY TO THIS COVID-19 AND OTHER COMMUNICABLE/INFECTIOUS DISEASE PROVISION OR EXPOSURE TO COVID-19 AND ANY OTHER
COMMUNICABLE OR INFECTIOUS DISEASE DURING MY VISIT TO AND/OR PARTICIPATION IN ATTRACTIONS, TRANSPORTATION, AND ACTIVITIES AT
THE WALT DISNEY WORLD® RESORT, NOW OR IN THE FUTURE, WILL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION
INCLUDE COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR ANY OTHER CLAIMS, WHATEVER THE CAUSE(S) OF ACTION
ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF). I ACKNOWLEDGE AND AGREE THAT ARBITRATION
REPLACES MY RIGHT TO GO TO COURT. I THEREFORE AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO LITIGATE ANY CLAIMS IN COURT BEFORE
A JUDGE OR JURY. I AGREE THAT I THEREFORE WAIVE ANY RIGHT TO LITIGATE ANY CLAIMS IN COURT AS A CLASS ACTION OR OTHER
REPRESENTATIVE OR COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL). I ALSO AGREE TO WAIVE ANY
RIGHT TO PURSUE IN ARBITRATION ANY CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF
A PRIVATE ATTORNEY GENERAL), OR TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION
OR IN COURT BEFORE A JUDGE OR JURY. I ALSO AGREE THAT NO ARBITRATION OR PROCEEDING CAN BE COMBINED WITH ANOTHER WITHOUT THE
PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATIONS OR PROCEEDINGS.
The arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these terms or
the formation of this COVID-19 and Other Communicable/Infectious Disease Provision, including the arbitrability of any dispute and any claim that
all or any part of this COVID-19 and Other Communicable/Infectious Disease Provision is void or voidable.
A. In the event of a dispute, I agree to send a notice of dispute, which is a written statement that sets forth my name, address, and contact
information; the facts giving rise to the dispute; and the relief requested to the Released Parties at 500 South Buena Vista Street, Burbank,
California 91521-7620, USA, Attention: Legal. The Released Parties will send any notice of dispute to me at the contact information that
they have for me. The Released Parties and I will attempt to resolve a dispute through informal negotiation within sixty (60) days from the
date the notice of dispute is sent. After that sixty (60) day period and not before, the Released Parties or I may commence an arbitration
proceeding. I may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court,
whether or not I negotiated informally first.
B. If the Released Parties and I do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by
binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the Federal Arbitration
Act, 9 U.S.C. § 1 et seq. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the
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JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an
arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of
documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will
take place in the State of Florida; provided, however, that if circumstances prevent me from traveling to the State of Florida, JAMS may
hold an in-person hearing in my hometown area. The Released Parties and I agree to submit to the exclusive jurisdiction of the federal or
state courts located in the State of Florida in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify,
vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to me individually as a court could,
including declaratory or injunctive relief, but only to the extent required to satisfy my individual claim. In accordance with the JAMS Rules,
the party initiating the arbitration (either me or the Released Parties) is responsible for paying the filing fee. However, if the arbitrator
issues me an award of damages and: (a) that award is greater than the amount of the Released Parties’ last written settlement offer; or
(b) if the Released Parties did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all
professional fees for the arbitrator’s services, the Released Parties will reimburse me for the filing fees I incurred.
Except as provided above with respect to jurisdiction in the State of Florida, nothing in this arbitration provision shall be construed as consent by the
Released Parties to the jurisdiction of any other court with regard to disputes, claims, or controversies unrelated to this agreement.
This agreement to binding arbitration evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs
its interpretation and enforcement. This agreement to binding arbitration will survive its termination. If any portion of this agreement to binding
arbitration is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
Venue But For Arbitration: In the event that neither party elects to resolve disputes under binding arbitration, as provided above, any legal action arising
out of or relating to this COVID-19 and Other Communicable/Infectious Disease Provision shall be commenced exclusively in the Circuit Court of the
Ninth Judicial Circuit in and for Orange County, Florida (or if such Circuit Court shall not have jurisdiction over the subject matter thereof, then to such
other court sitting in said county and having subject matter jurisdiction). In any such action, I specifically waive any right to bring a class action or other
representative or collective action (such as an action in the form of a private attorney general). I SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY.
II. Activity Waiver
ACTIVITY ASSUMPTION OF RISK/LIABILITY RELEASE AND INDEMNITY: I understand that incidental to my participation in the Event/Activity I may
be engaging in activities that involve the risk of serious personal injury, illness, permanent disability, dismemberment death, and exposure to
Naegliria Fowlerii and coliform bacteria and that such participation may also involve the risk of severe economic and property loss and damage. I
understand that these risks may result from the actions, negligence and failure to act of myself and others (including but not limited to other
individuals in attendance at the Event/Activity and the Released Parties) and from the condition of any property, facilities or equipment used. I
also understand that there may be risks involved which are not known to me, or to the Released Parties, and may not be foreseen or reasonably
foreseeable by any of us at this time or at the time of the Event/Activity. I agree to assume all of the foregoing risks, which risks may include,
among other things, muscle injuries and broken bones, as well as the risk of any negligence by other participants or by the Released Parties, and
the risk of injury caused by the condition of any property, facilities or equipment used during the Event, and accept personal responsibility for any
injury (including, but not limited to, personal injury, disability, dismemberment and death), illness, damage, loss, claim, liability, or expense, of any
kind or nature, that I or my property may suffer arising out of or in connection with my participation in the Event/Activity. On my own behalf and
on behalf of my heirs, executors, administrators and next of kin of each, I hereby release, covenant not to sue, and forever discharge the Released
Parties (as defined above) of and from all Claims (as defined above) arising out of or in any way connected with my participation in the
Event/Activity, and further agree to indemnify and hold each of the Released Parties harmless from and against any and all such Claims including,
but not limited to, all attorneys' fees and disbursements up through and including any appeal. I understand that this release and indemnity includes
any Claims based on the negligence, action or inaction of any of the Released Parties and covers bodily injury (including death), property damage,
and loss by theft or otherwise, whether suffered by me before, during or after such participation.
INSURANCE: I agree that I am not relying on the Released Parties to have arranged for, or carry, any insurance of any kind for my benefit relative
to my participation in the activities and the Event, and that I am solely responsible for obtaining any mandatory or desired life, travel, accident,
property, or other insurance related to my participation in the Event/Activity, at my own expense.
PHYSICAL CONDITION/MEDICAL AUTHORIZATION: I hereby certify that I am physically fit for participation in the Event/Activity and I have the skill
level and mental state required in connection with the Event/Activity, and I have not been advised otherwise. I agree that before my participation
in any activity conducted in conjunction with the Event/Activity, I will inspect all related facilities and equipment. In connection with any injury
sustained or illness or medical conditions experienced during my attendance in connection with the Event/Activity, I authorize any emergency first
aid, medication, medical treatment or surgery deemed necessary by the attending medical personnel if I am not able to act on my own behalf.
Additionally, I authorize medical treatment for me, at my cost, if the need arises; however, I acknowledge that the Released Parties will have no
duty, obligation or liability arising out of the provision of, or failure to provide, medical treatment. To the extent athletic trainer or paramedic
services are available at an Event/Activity, I hereby consent to such athletic trainer and/or paramedics furnishing athletic trainer/paramedic
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services to me at any Event or Activity. I understand and agree athletic trainers and paramedics furnish limited services, are not physicians or
licensed to provide medical services, and will not provide services beyond the licensed scope of their authority or practice. I acknowledge and
agree there is no guarantee any particular therapy, treatment, or service furnished or proposed by an athletic trainer or paramedic will be
successful or effective, and in the event of injury or illness, I acknowledge and agree it is my sole responsibility to seek prompt medical treatment
for myself.
EQUIPMENT AND FACILITIES INSPECTION: I will immediately advise the Event manager of any unsafe condition that I observe, and will refuse to
participate, and I will refuse to participate in the Event/Activity until all unsafe conditions observed by me have been remedied.
PARTICIPANT REPRESENTATIONS: I hereby represent to the Released Parties the following:
1. The Released Parties, their respective employees and agents have not made any representations or warranties whatsoever with respect
to the facilities, the equipment present at the facilities, services and/or other accommodations that may or may not be provided in
connection with the Event/Activity.
2. I am aware that the Released Parties are relying on the representations, acknowledgements, warranties and undertakings made by me
in this Waiver.
3. I understand that this Waiver, including but not limited to the releases contained herein, are intended to be as broad and inclusive as
permitted by the laws of the State of Florida.
PUBLICITY RIGHTS: I further grant the Released Parties the right to photograph, record and/or videotape me and further to display, edit, use
and/or otherwise exploit my name, face, likeness, Event/Activity information and results (as more fully described below), voice, and appearance
in all media, whether now known or hereafter devised, (including, without limitation, in computer or other device applications, online webcasts,
television programming in motion pictures, films, newspapers, and magazines) and in all forms including, without limitation, digitized images or
video, throughout the universe in perpetuity, whether for advertising, publicity, promotional or commercial purposes or otherwise, including,
without limitation, publication and use of Event/Activity information and results (including, but not limited to name, uniform number, age, times,
gender, “hometown”, or other Event/Activity results), without compensation, residual obligations, reservation or limitation, or further approval,
and I agree to indemnify and hold harmless the Released Parties for any Claims associated with such grant and right to use. The Released Parties
are, however, under no obligation to exercise any rights granted herein.
III. General Provisions
GOVERNING LAW: This Waiver will be governed by the laws of the State of Florida. Any legal action relating to or arising out of this Waiver other
than Section I will be commenced exclusively in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida (or if such Circuit
Court does not have jurisdiction over the subject matter thereof, then to such other court sitting in such county and having subject matter
jurisdiction), AND I SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY.
SEVERABILITY/PARTIAL INVALIDITY: If any provision or part thereof of this Waiver is held to be invalid, void or unenforceable by a court of competent
jurisdiction, such provision or part thereof shall be deemed modified to conform to applicable law, or if this would cause an illogical or unreasonable
result, such provision or part thereof shall be stricken from this Agreement without affecting the binding force or effect of any other part or provision.
By signing below, I certify that: (1) I have fully and completely read and understand this Waiver; (2) I am 18 years of age or older;(3) the information
set forth above pertaining to me is true and complete; and (4) I consent and agree to all of the foregoing.
Date
Signature