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Release of Liability and Assumption of Risk Agreement

In consideration for being allowed to dwell or participate in any way on the property of Kyle and Courtney Cappallo, including but not limited to activity on 35 Samantha Drive, Barnstable, MA 02630, I acknowledge:

The risk of injury from the activities involved on the property is significant; such risk of injury includes, but is not limited to the potential for permanent paralysis and death.

Participant and, if Participant is a minor, Participants Parent(s)/Legal Guardian(s) acknowledge that Participant is participating in such activities at the property of Kyle and Courtney Cappallo at the Participant’s own risk.

Participant and, if Participant is a minor, Participants Parent(s)/Legal Guardian(s) knowingly, freely, and voluntarily assume and accept full responsibility for all risks, both known and unknown, including but not limited to the risk to the Participant of personal injury, disability, death and/or property loss, in relation to Participant’s dwelling and/or participation in activities on the property of Kyle and Courtney Cappallo. Even if such risks arise from the negligence of the Cappallo and/or their independent contractors, employees, other participants, family members (collectively referred to as Cappallo Family Releasees) or others.

Participant and, if Participant is a minor, Participants Parent(s)/Legal Guardian(s) agree that the Cappallo Family Releasees shall not be liable for any damages whatsoever arising from any personal injury, disability, death and/or property loss sustained by Participant and/or his/her family and guests in relation to Participants dwelling and/or participation in activities at the property of Kyle and Courtney Cappallo. Even if such damages arise from the negligence of the Cappallo Family Releasees (defined above) or others.

Participant and, if Participant is a minor, Participants Parent(s)/Legal Guardian(s), for himself/herself/themselves, and on behalf of his/her/their heirs, assigns, personal representatives and next of kin, hereby fully and forever release, discharge, indemnify, and hold harmless, the Cappallo Family Releasees from any and all claims, rights of actions, demands, losses, damages and liability arising out of or related to any injury, disability, death or property loss Participant may suffer in relation to Participant’s dwelling and/or participation in activities at the Cappallo property, whether arising from the negligence of the Cappallo Family Releasees or otherwise.

Participant and, if Participant is a minor, Participants Parent(s)/Legal Guardian(s) agree that this Release of Liability and Assumption of Risk Agreement (“Release”) shall be governed by the laws of the state of Massachusetts. If any provision on the Release shall be found invalid or unenforceable, this Release shall be interpreted as if such provision was not a part hereof, but this Release shall otherwise remain in full
force and effect.

By signing below, I/we, being the Participant, and if the Participant is a minor, the Participants Parent(s)/Legal Guardian(s), certify that I/we have read the above release, acknowledge that it is a release of liability, fully understand and agree to its terms, and understand that I/we have given up substantial rights by entering into this release. I/we sign below and agree to be bound by the terms of this release, voluntarily and without and inducement. If Participant is a minor, then by signing below said Parent(s)/Legal Guardian(s) certify that he/she/they have legal responsibility for this participant.

I acknowledge and agree that:

1. My participation in this athletic event includes possible exposure to an illness from infectious diseases including but not limited to MRSA, influenza and COVID-19. While particular rules and personal hygiene and discipline may reduce this risk, the risk of serious illness and death nevertheless does exist, and,

2. I willingly agree to comply with the stated and customary terms and conditions for participation as regards to protection against infectious diseases. If I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest coach immediately; and,

3. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releasees, or others, and assume full responsibility for my participation; and,

4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release and hold harmless The Cappallo Family and their releasees with respect to any and all illness, disability, death, or loss or damage to person or property, whether arising from the negligence of releasees or otherwise, to the fullest extent permitted by law.

Consent: I have read this release of liability and assumption of risk agreement, fully understand its terms, understand that I have given up substantial right by signing it, and sign it freely and voluntarily with any inducement.

This is to certify that I, as parent/guardian with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the releasees; and, I, my spouse, and child/ward do also release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, even if arising from their
negligence, to the fullest extent of the law.

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I agree to all terms and conditions outlined above

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September 1, 2020 2:08 pm EDT

Release of Liability and Assumption of Risk Agreement Uploaded by Kyle Cappallo - kyle@capecodyouthfieldhockey.com IP 76.118.190.127

September 1, 2020 2:37 pm EDT

Cape Cod FHC - info@capecodfhc.com added by Kyle Cappallo - kyle@capecodyouthfieldhockey.com as a CC'd Recipient Ip: 76.118.190.127