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Read Carefully - This Affects Your Legal Rights

 In exchange for participation in the activity of volleyball organized by Really Awesome Day "RAD" Volleyball Club Inc, of Nipomo, California  and/or use of the property, facilities, and services of Really Awesome Day "RAD" Volleyball Club Inc, I agree for myself and (if applicable) for the members of my family/minor child(ren), to the following: 

1. Agreement To Follow Directions. I/we agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Really Awesome Day "RAD" Volleyball Club Inc, or the employees, representatives, or agents of Really Awesome Day "RAD" Volleyball Club Inc.  Failure to comply will result in removal from the program without refund.

2. Assumption of the Risks and Release. I/we recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Really Awesome Day "RAD" Volleyball Club Inc for injury, loss, or damage arising out of my or my family's use of or presence upon the facilities of Really Awesome Day "RAD" Volleyball Club Inc, whether caused by the fault of myself, my family, Really Awesome Day "RAD" Volleyball Club Inc or other third parties. 

3. Indemnification. I agree to indemnify and defend Really Awesome Day "RAD" Volleyball Club Inc against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Really Awesome Day "RAD" Volleyball Club Inc. 

4. Fees. I agree to pay for all damages to the facilities of Really Awesome Day "RAD" Volleyball Club Inc caused by any negligent, reckless, or willful actions by me or my family. 

5. Medical Authorization. In the event of an injury to the above minor during the above-described activities, I give my permission to Really Awesome Day "RAD" Volleyball Club Inc or to the employees, representatives, or agents of Really Awesome Day "RAD" Volleyball Club Inc to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on today’s date and will remain in effect until terminated in writing by the undersigned or when the above-described activities are completed. Really Awesome Day "RAD" Volleyball Club Inc shall have the following powers: 

• The power to seek appropriate medical treatment or attention on behalf of me/my child as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;

• The power to authorize medical treatment or medical procedures in an emergency situation; and

• The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.

6. Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law. 

7. No Duress. I/we agree and acknowledge that I/we am/are under no pressure or duress to sign this agreement and that I/we have been given a reasonable opportunity to review it before signing. I/we further agree and acknowledge that I/we am free to have my own legal counsel review this agreement if I/we so desire. I/we further agree and acknowledge that Really Awesome Day "RAD" Volleyball Club Inc has offered to refund any fees I/we have paid to use its facilities if I/we choose not to sign this agreement. 

8. Arm's Length Agreement. This agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this agreement, as well as any other statute or common law principles of similar effect. 

9. Enforceability. The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be. Such invalid or unenforceable provision shall be deemed not to be a part of this agreement. 

10. Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations among the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure: 

  

Any controversies or disputes arising out of or relating to this agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.