PARTICIPANT LIABILITY WAIVER AND RELEASE OF LIABILITY

In consideration for the Participant being permitted to participate in the Activities offered by DCrease Goaltending LLC, the undersigned, on behalf of themselves and the Participant, and their respective heirs, personal representatives, and assigns, agree as follows:

ASSUMPTION OF RISK

The undersigned hereby acknowledge and agree that they understand the nature of the Event; that Participant is qualified, in good health, and in proper physical condition to participate therein; that there are certain inherent risks and dangers associated with the Event, including but not limited to physical injury, illness (including communicable diseases), and death; and that, except as expressly set forth herein, they, knowingly and voluntarily, accept, and assume responsibility for, each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, Participant’s participation in the Event.

RELEASE AND WAIVER

The undersigned hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE DCrease Goaltending LLC, its affiliates, officers, agents, employees, and Nicholas D’Errico, individually (collectively, the “Releasees”), from and for any liability resulting from any personal injury, accident or illness (including death), and/or property loss, however caused, arising from, or in any way related to, Participant’s participation in the Activities, except for those caused by the willful misconduct, gross negligence or intentional torts of the above parties, as applicable.

INDEMNIFICATION AND HOLD HARMLESS

The undersigned also hereby agree to INDEMNIFY, DEFEND AND HOLD the Releasees HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to, attorney’s fees, arising from, or in any way related to, Participant’s participation in the Event, except for those arising out of the willful misconduct, gross negligence or intentional torts of the above parties, as applicable.

MEDICAL TREATMENT AUTHORIZATION

The undersigned authorize DCrease Goaltending LLC and its representatives to obtain or provide emergency medical care or treatment for Participant, and to exchange Participant’s personal information and medical information with medical care providers in the event of an injury, accident, or illness. The undersigned understand that they are responsible for all costs associated with medical care and transportation. The undersigned confirm that Participant has adequate health insurance coverage and that Participant has no medical conditions that would prevent safe participation in the Event, or have disclosed such conditions to DCrease Goaltending LLC in writing.

PERMISSION TO USE IMAGES/NAME

The undersigned further agree to allow, without compensation, Participant’s images and/or name to appear, and to otherwise be used, in material, regardless of media form, promoting DCrease Goaltending LLC and/or events and activities, including those of its representatives and licensees.

OFF-ICE TRAINING SESSIONS

The undersigned agree that by participating in these physical exercise sessions or personal training activities, participants do so ENTIRELY AT THEIR OWN RISK. This includes, without limitation, (a) use of all amenities and equipment in the facility and any off-site location and participation in any training program or instruction; (b) the sudden and unforeseen malfunctioning of any equipment, and our instruction, trainings, supervision, or dietary recommendations.

PERSONAL PROPERTY AND EQUIPMENT

Participant is responsible for their own equipment and personal belongings. DCrease Goaltending LLC assumes no responsibility for lost, stolen, or damaged personal property or equipment.

SEVERABILITY

The undersigned expressly agree that the foregoing assumption of risk, release and waiver of liability and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Commonwealth of Massachusetts and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. Any legal action arising out of this Agreement shall be brought exclusively in the courts of the Commonwealth of Massachusetts.

ACKNOWLEDGMENT OF UNDERSTANDING

The undersigned have read this assumption of risk, release and waiver of liability and indemnity agreement, and have had the opportunity to ask questions about the same. The undersigned fully understand this assumption of risk, release and waiver of liability and indemnity agreement, that the undersigned are giving up substantial rights in connection therewith, and that its terms are contractual, and not a mere recital. The undersigned acknowledge that they are signing this agreement freely and voluntarily.

This waiver must be completed and signed by:
• The participant, if 18 years of age or older
• A parent or legal guardian, if the participant is under 18 years of age

For questions about this waiver or to request a copy for signature, please contact DCrease Goaltending LLC.

DISCLAIMER: This document is a legal agreement. By signing, you are waiving certain legal rights. Please read carefully and consult with an attorney if you have questions about your rights or the terms of this agreement.