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WAIVER OF LIABILITY

To Participate in The Empowerment Effect and the Cali Vida Girls Ice Hockey Program

COVID-19 SAFETY INFORMATION:

Because COVID-19 is highly contagious and is spread mainly from person-to-person contact, The Empowerment Effect (“TEE”) cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.

In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in TEE events. By attending a TEE event, you certify that you do not fall into any of the following categories:

1. Individuals who currently or within the past ten (10) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath, among others;

2. Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious in accordance with current state and/or local public health authorities or the health care team responsible for their treatment.

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DUTY TO SELF-MONITOR:

Participants and volunteers agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and contact TEE at INFO@THEEMPOWERMENTEFFECT.ORG if they experience symptoms of COVID-19 within ten days after participating or volunteering with TEE.

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LIABILITY WAIVER, RELEASE OF CLAIMS, AND ASSUMPTION OF RISK

I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation and/or voluntarism with TEE, and I willingly engage in TEE events and/or other activities (the “Activity”). As a participant, volunteer, or attendee, I recognize that my participation, involvement, and/or attendance at any TEE event or Activity is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing, or participating in the Activity, I acknowledge and assume all risks and dangers associated with my participation and/or attendance at the Activity.

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MEDICAL ACKNOWLEDGEMENT:

I acknowledge the health risks associated with my or my child’s attendance at the TEE event, including but not limited to transient dizziness, lightheadedness, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. I agree that if I, or my child experiences any of the above or any other symptoms during the Activity, I will discontinue my/my child’s participation immediately and seek appropriate medical attention.

I do hereby authorize the administration of emergency first aid and/or treatment, if necessary.

I warrant that me and/or my child/ward are in good health and have no physical condition that increases my/their chance of any illness or injury.

 

ASSUMPTION OF RISK:

By digitally accepting this waiver, I acknowledge and understand the following:

1. Participation includes possible exposure to an illness from infectious diseases, including but not limited to COVID-19;

2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and

3. I hereby knowingly assume the risk of injury, harm, and loss associated with the Activity, including any injury, harm, and loss caused by the negligence, fault, or conduct of any kind on the part of the Released Parties (as defined below).

4. I affirm that I am the Parent, legal guardian, or Court-Appointed Caregiver of the participating minor child listed on this form.

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RELEASE AND WAIVER:

BY DIGITALLY ACKNOWLEDGING, I HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST (A) THE EMPOWERMENT EFFECT AND (B) ALL PAST, PRESENT, AND FUTURE AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, VOLUNTEERS, VENDORS, PARTNERS, DIRECTORS, AND OFFICERS, OF SUCH ENTITIES (SUBSECTIONS (A) AND (B), COLLECTIVELY, THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES. THIS WAIVER AND RELEASE INCLUDES BUT IS NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT-OF-POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY. I UNDERSTAND AND AGREE THAT THIS WAIVER AND RELEASE IS BINDING ON MY HEIRS, ASSIGNEES, NEXT OF KIN, AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES AND IS INTENDED TO APPLY TO AND INCLUDE ANY CLAIM(S) THAT MAY HEREINAFTER ACCRUE OR ARISE FROM MY OR MY CHILD’S/WARD’S PARTICIPATION IN THE ACTIVITY. I AGREE AND INTEND THAT THIS RELEASE AND WAIVER IS TO BE INTERPRETED TO PROVIDE A FULL RELEASE OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW AND WAIVE ANY CLAIM THAT I OR MY CHILD/WARD MAY HAVE.

FURTHER, I RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER THAT ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY OR MY CHILD’S/WARD’S PARTICIPATION IN THE ACTIVITY.

TERMS & CONDITIONS OF PARTICIPATION

Anti-Bullying/Harassment Policy

The Empowerment Effect (“TEE”) seeks to provide an environment that is safe, inclusive, and enjoyable for all. Bullying can create an unsafe environment on and off the ice. Racism, homophobia, transphobia, ableism, and any form of hate speech, threats, intimidation, or violence will not be tolerated under any circumstance. 

 

TEE recognizes that bullying can take place through a number of different methods of communication, including face-to-face, email, text messaging and social media platforms. As such, this Policy applies to all methods of communication through which bullying can take place and is a reason we intend to follow all participants on social media.

This Policy applies to behaviors that occur:

  • In connection with TEE, even if it occurs outside of TEE activities,

  • During TEE activities and events, including on-ice games/practices, as well as any field trips, mentorship events, and celebrations;

  • On social media platforms where participants interact.

This Policy applies to all participants, coaches, and volunteers. 

TEE may unilaterally introduce, vary, remove, or replace this policy at any time.

 

WHAT IS BULLYING?

Bullying occurs when an individual, or a group of individuals, repeatedly behaves unreasonably towards a peer or a group of peers, and the behavior creates a risk to health and safety. It includes both physical and psychological abuse. Bullying behaviors can take many different forms, from the obvious (direct) to the more subtle (indirect). The following are some examples of direct bullying:

  • Abusive, insulting, or offensive language or comments; Violent, aggressive or intimidating conduct;

  • Belittling or humiliating comments, Victimization, and

  • Practical jokes or initiation.

The following are some examples of indirect bullying:

  • Unjustified criticism or complaints;

  • Deliberately excluding someone from TEE-related activities; 

  • Denying access to information, supervision, consultation, or resources to the detriment of the participant, coach, or volunteer;

  • Spreading misinformation or malicious rumors either to other participants or through social media platforms;

The above examples are not an exhaustive list of bullying behaviors. They are indicative of the type of behaviors that may constitute bullying and are therefore, unacceptable to TEE. 

TEE will also not tolerate any form of violence from its participants, coaches, volunteers, or parents/guardians/caregivers. Violence is considered to be any incident where a person is physically attacked or threatened on or off the ice, whether this is directed to a fellow participant, coach, volunteer, parent/guardian/caregiver, teacher, etc.

 

COACHES', VOLUNTEERS', AND PARENTS'/GUARDIANS'/CAREGIVERS' ROLES

  • Coaches, volunteers, and parents/guardians/caregivers have an important role to play in terms of fostering a culture that does not tolerate or encourage harassment, bullying, or violence and should ensure that they do not engage in any conduct of this nature themselves.

  • Coaches, volunteers, and parents/guardians/caregivers should also ensure that participants understand this Policy and the subsequent consequences of non-compliance. 

  • Coaches and volunteers must also treat all grievances raised by participants and parents/guardians/caregivers in accordance with the TEE’s Intervention Protocols.

 

PARTICIPANTS’ ROLE

TEE expects participants:

  • Not to engage in harassment, bullying or violence;

  • Not to aid, abet, or encourage others to engage in harassment, bullying, or violence; To behave in a responsible manner;

  • Treat others in the program with courtesy and respect

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INTERVENTION PROTOCOLS

Any instances of harassment and/or bullying reported to or observed by any TEE coach, volunteer, or board member, regarding any instances of bullying will be approached with care for all parties. This includes a meeting to address the issue and assess the severity, a parent/guardian/caregiver conference to go over the rules and expectations set forth, and discuss a path to . If bullying or harassment continues, the offender will be suspended from TEE activities. Additionally, at the discretion of The Empowerment Effect Board of Directors, anyone who causes harm to participants, coaches, volunteers, or parents/guardians/caregivers may be removed from any event or the program entirely.

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MORE INFORMATION

If you need any more information about bullying, harassment, or violence, please visit https://www.stopbullying.gov/. To report an instance of harassment or bullying, please contact Estela Rivas-Bryant at estela@theempowermenteffect.org.

SOCIAL MEDIA RELEASE

Photography, Visual Image Release

I grant to The Empowerment Effect (including their officers, employees, agents, assigns, and volunteers (collectively “TEE”) the irrevocable and unrestricted right and permission to take, use, re-use, publish, and republish photographic portraits, video, or pictures of my minor child or in which my minor child may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with my child’s own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium, and in any and all media now or hereafter known, including, but not limited to educational uses, marketing, public relations, websites, social media, publications, promotions, broadcasts, advertisements, and posters.. I also consent on behalf of my minor child to the use of any published matter in conjunction therewith.

 

I relinquish any right that I or my minor child may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection therewith or the use to which it may be applied.

 

I further acknowledge that my minor child’s participation is completely voluntary and that I have voluntarily agreed to allow TEE to use my minor child’s image without the promise of compensation or remuneration in any form whatsoever, and I waive any claim I or my minor child may have for compensation or remuneration of any kind for TEE’s use or publication of my minor child’s image. I further agree that my minor child’s participation and TEE’s

use of my minor child’s image confers upon me, and my minor child has no rights of ownership whatsoever.

 

I release, discharge, and agree to hold harmless TEE their officers, employees, agents, assigns, and volunteers from any and all liability for claims by me or my minor child, my family, or any third parties in connection with my child’s participation, including without limitation, any claims ensuing from or in connection with the taking of my child’s photograph and use or publication of his/her image, as well as any claims for invasion of privacy, defamation, false light, or misappropriation of name, likeness, or image.

 

I affirm that I am the parent, legal guardian, or court-appointed caregiver of the participating minor child listed on this form.

 

I have read the above authorization, release, and agreement prior to signing. I understand the legal consequences of its contents, meaning, and impact, and I freely accept the terms. This release shall be binding upon me and my heirs, legal representatives, and assigns.

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