PARTICIPANT LEGAL LIABILITY AGREEMENT
Event: Open Tryouts
Location: Salinas Regional Soccer Complex
Date of Event: November 22/23, 2025
READ THIS DOCUMENT CAREFULLY BEFORE AGREEING TO ITS TERMS. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND MAY AFFECT THE UNDERSIGNED’S (the “Participant”) LEGAL RIGHTS AND MAY ELIMINATE Participant’S ABILITY TO BRING FUTURE LEGAL ACTIONS. If Participant IS under the age of 18, Participant may only participate in the Event accompanied by an adult. Participant also acknowledgeS that Participant’s parent or guardian has reviewed, understood and agreed to the terms below ON BEHALF OF PARTICIPANT. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Participant consents and agrees to the following:
- Participant acknowledges that the Event may test Participant’s physical limits that carries with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Earthquakes Soccer, LLC, Earthquakes Stadium, LLC, Soccer United Marketing, LLC, Major League Soccer, L.L.C., the City of San Jose, and each of their successors, assignees, licensees and affiliates (collectively, the “Released Parties”), and may include contact or collision with persons or objects, inadequate or negligent first aid and/or emergency measures, weather-related hazards, and natural hazards. Participant further understands and acknowledges that any of these risks and others not specifically named may cause injury or injuries that may be categorized as minor (e.g., scrapes, bruises, sprains, nausea, cuts), serious (e.g., property loss or damage, broken bones, fractures), or catastrophic (e.g., rare occurrences of permanent disabilities or death). Participant understands that it is Participant’s responsibility to consult with its personal physician prior to participating in the Event to ensure that such participation will not pose any unusual risks to its health and well-being. By participating in the Event, Participant is acknowledging that Participant has found the facilities, equipment, and areas to be used to be safe and acceptable for participation.
- Participant represents, covenants and warrants that: (i) Participant understands, acknowledges and accepts that its participation and appearance in the Event involves certain inherent risks, including, but not limited to, property damage and serious bodily injury (including death), and agrees that its voluntarily participation in the Event is with full knowledge of the risks involved, (ii) Participant is able-bodied and possesses the requisite skill level to participate in the Event, and has not been advised or cautioned against participation in the Event by a medical practitioner, (iii) Participant understands that it is Participant’s responsibility to continuously monitor its own physical and mental condition during the Event, and agrees to withdraw immediately and notify appropriate personnel if at any point its continued participation would create a risk of danger to itself or to others, (iv) Participant is covered by medical insurance, (v) Participant is not a member of any collective bargaining organization, including, but not limited to, the Screen Actors Guild and the American Federation of Television and Radio Artists, and (vi) Participant has the full right, power, and authority to sign this Agreement. In connection therewith, Participant acknowledges and agrees that (x) Participant knows the nature of the Event; (y) Participant understands the demands of such Event relative to its physical condition; and (z) Participant appreciates, assumes and accepts the potential impact of the types of injuries that may result from the participation in such Event. Participant authorizes the Released Parties to secure emergency medical care or transportation (i.e., EMS) when deemed necessary by the Released Parties at the sole cost of Participant.
- Participant consents to be recorded, photographed, and videotaped related to the Event, and hereby irrevocably and perpetually authorizes any of the Released Parties to copyright, publish, reproduce, exhibit, transmit, broadcast, televise, digitize, display, otherwise use, and permit others to use (i) the Participant’s name, image, likeness, and voice, and (ii) all photographs, recordings, videotapes, audiovisual materials, writings, statements, and quotations of or by the Participant obtained related to the recording of the Event (collectively, the “Materials”), in any manner, form, or format whatsoever now or hereinafter created, including on the Internet, and for any lawful purpose, including, the advertising or promotion of the Released Parties and/or the Event without further consent from or payment to the Participant. The Participant understands that the Released Parties is under no obligation to use the Materials. Participant agrees that all of the Materials, and all films, audiotapes, videotapes, reproductions, media, plates, negatives, photocopies, and electronic and digital copies of the Materials are the sole property of the Released Parties and Participant further agrees not to contest the rights or authority granted to the Released Parties hereunder. The Participant hereby waives any right to inspect or approve the recordings, and modes of the use thereof as described above.
- Participant acknowledges and agrees that: (i) Participant shall not be entitled to any compensation for its appearance at the Event or subsequent use of its appearance in the Materials, (ii) Participant has and will refrain from any offensive or distasteful remarks or conduct and will conduct itself in a courteous and professional manner at all times during its participation at the Event and appearance in the Materials, and (iii) this Agreement is intended to be as broad and inclusive as permitted by applicable law.
- Participant acknowledges and agrees that information collected on this form shall be subject to the MLS Privacy Policy. By providing Participant’s information and participating in the Event, Participant gives their permission to allow their personal information to be shared with Released Parties’ marketing partners and other third parties so that they may contact Participant directly regarding special promotions or offers (such as subscriptions to and promotions for goods and services, including, for example, through participation in a co-sponsored sweepstakes or contest). You can revoke your permission to have your personal information shared with third parties for such third parties’ marketing purposes at any time by following the instructions in the “All Users: Your Choices and Controls” section of the MLS Privacy Policy.
- Participant hereby forever releases, indemnifies and holds harmless the Released Parties and each of its advertisers, assignees, successors, officers, directors, agents, representatives, licensees, employees, sub-contractors, sponsors, shareholders, partners, members and affiliates from any and all present and future claims, actions, damages, liabilities, costs, or demands whatsoever (including reasonable attorneys' fees and court costs) arising out of or in connection with (i) any personal or property right and personal injury (and associated medical treatments by the Released Parties) arising out of the Event (whether or not arising out of the inherent risks of participating in Event), including: (a) personal injury (including death) from incidents or illnesses arising from Event participation; and (b) any and all claims relating to the Event, including but not limited to, damaged, lost or stolen property, and both contractual and non-contractual claims; and (ii) the exercise of the rights related to the Materials by the Released Parties, including any defamation (including libel and slander), invasion of privacy, right of publicity, copyright infringement, or any other personal or property rights from or related to any use of the Materials.
- If any portion of this Agreement is invalid, the remainder will continue in full legal force and effect. In the event of a legal issue, Participant agrees to engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, Participant agrees that all disputes, controversies, or claims arising out of its participation in the Event shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. The cost of such action shall be shared equally by the parties. Participant further acknowledges and agrees that any question, issue, or dispute as to the arbitrability of any dispute, controversy, or claim arising out of its participation in the Event will be submitted to an arbitrator in accordance with the applicable rules of the American Arbitration Association then in effect. The Arbitration Rules of the American Arbitration Association are available on-line at www.adr.org. If any action proceeds in a court of law, the local state or federal court of Alameda County has the exclusive jurisdiction and only the substantive laws of the State of California shall apply. Participant agrees that any arbitration, mediation or legal action shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties.