I hereby apply for a reservation for myself/my child (if under the age of 18) at Kohl's Professional Kicking Camps, LTD /OLINE CLINIC, LLC (hereinafter, collectively, KOHL’S). I understand the camp/clinic procedures for applications, deposits, and refunds. I understand the KOHL’S summer camps are not recreational camps/clinics, and I understand that they stress repetitious training in specific sports skills. I understand that any participant who does not abide by camp/clinic rules may be dismissed from the camp/clinic with no refund.
Photo/Video Clause: I understand that the KOHL'S may take photographs/video of camp/clinic participants and activities. I agree that KOHL'S shall be the owner of and may use such photographs relating to the promotion of future camps. I relinquish all rights that I may claim in relation to the use of said photographs.
KOHL’S National Rating System (NRS): KOHL’S reserves the right to rate qualified athletes participating at any KOHL’S camp in a fair, objective, non partial manner. Only athletes of college potential will be rated. Should an athlete or parent not want a rating listed, KOHL’S will remove the listed rating for that athlete per their request with the implementation of a $200 processing fee. KOHL’S National Rating System (NRS) is meant to help and be a clear and accurate gauge of an athlete's skill and potential. It is not a guarantee of future performance in high school or college; nor is it a guarantee of a college scholarship. KOHL’S reserves the right to correct any errors in the printed rating results, higher or lower, to a correct NRS number.
Insurance Info: All KOHL'S participants are required to be covered by personal medical insurance.
KOHL’S PROFESSIONAL KICKING CAMPS, LTD/OLINE CLINIC LLC CORONA VIRUS WAIVER AND ASSUMPTION OF RISK, RELEASE WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
IN CONSIDERATION for being permitted to participate in the camps/clinic of KOHL’S PROFESSIONAL KICKING CAMPS, LTD/OLINE CLINIC, LLC (hereinafter, collectively KOHL’S) and/or for my child(ren) listed above to so participate the undersigned, on behalf of himself or herself and such participating child(ren) and any personal representatives, heirs and next of kin (hereinafter referred to as “the undersigned”) hereby acknowledges, agrees and represents that he or she has carefully considered the risks of participation and that the undersigned finds and accepts the same as being safe and reasonably suited for the use or participation by the undersigned and such participating child(ren).
In addition the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person to person contact. As a result, federal, state and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
KOHL’S has put in place preventative measures to reduce the spread of COVID-19; however, KOHL’S cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, participating in any camps/clinic could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) or I may be exposed to or infected by COVID-19 by participating and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including but not limited to, employees, agents, coaches, counselors, volunteers and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my or my child(ren)’s attendance or participation. On my behalf, and on behalf of my child(ren) I hereby release, covenant not to sue, discharge, and hold harmless KOHL’S, its employees, agents, volunteers, coaches, counselors, and representatives of and from any claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of KOHL’S, its employees, agents, coaches, counselors, volunteers and representatives, whether a COVID-19 infection occurs before, during or after participation in any camp/clinic.
KOHL’S has taken certain steps to implement recommended guidance and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19, including, without limitation, the access/use restrictions set forth above. The undersigned acknowledges and agrees that KOHL’S may revise its procedures at any time based on updated recommended guidance and protocols issued by the Public Health Agencies and further agree to comply with KOHL’S revised procedures prior to participating in any camps/clinics. The undersigned further acknowledges and agrees that, due to the nature of the facilities, services, and programs offered by KOHL’S, social distancing of 6 feet per person among participants is not possible. The undersigned understands and appreciates both the known and potential dangers of participating in the camps/clinics and acknowledges that use by the undersigned and/or such participating child(ren) may, despite KOHL’S reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE CAMPS/CLINICS, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:
THE UNDERSIGNED, ON HIS OR HER BEHALF AND ON BEHALF OF SUCH PARTICIPATING CHILD(REN) HEREBY RELEASES, WAIVES, DISCHARGES AND CONVENANTS NOT TO SUE KOHL’S, its directors, officers, employees, agents, coaches, counselors, volunteers and agents from all liability to the undersigned or such participating child(ren) and all personal representatives, assigns, heirs, and next of kin of the undersigned or such participating child(ren) for any loss or damage, and any claim or demands on account of any property damage or any injury to, or an illness or death of, the undersigned or such participating child(ren) (or any person who may contract COVID-19, directly or indirectly, from the undersigned or such participating child(ren) whether caused by the negligence, active or passive, of KOHL’S.
THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS KOHL’S, its directors, officers, employees, volunteers, coaches, counselors and agents, and each of them, from any loss, liability, damages or costs they may incur, whether caused by the negligence, active or passive, or otherwise while the undersigned or any participating child is participating in camps/clinics. The undersigned understands and agrees that KOHL’S is not required to provide insurance to cover the undersigned or such participating child(ren) in the event they suffer an illness, injury, death, property loss, theft or damage of any sort upon, or about the premises or participating in any camp/clinic.
THE UNDERSIGNED further expressly agrees that the foregoing ASSUMPTION OF RISK, RELASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the state laws covering said participation and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS AGREEMENT OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 WHILE PARTICIPATING IN ANY CAMP/CLINIC AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF MINOR: I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT TO KOHL’S THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).
I have read and understand the terms of this Assumption of Risk, Release and Waiver of Liability, and Indemnity Agreement and agree to its terms.