By signing this Waiver of Liability, Release, Assumption of Risk, Indemnity Agreement, Consent to Treatment, Use of Image, and Covenant Not to Sue (hereinafter “RELEASE”) the undersigned player, volunteer, coach, monitor, parent(s), legal guardian(s), or vendor (in whichever capacity, hereinafter “PARTICIPANT”) hereby releases, exempts, waives, and relieves the HY Factory LLC, together with its leadership, staff, administrators, directors, managers, agents, employees, contractors, affiliates, sponsors, advertisers, ice officials, legal representatives, organizers, volunteers, workers, promoters and their respective successors and assigns (individually and collectively, “RELEASEES”) from and with respect to any and all liability for personal injury, property damage, wrongful death, and any and all other claims of any nature, whether at law or equity, including claims resulting from RELEASEES’s negligence, arising from or in any way related to PARTICIPANT’s participation in and preparation for all HY Factory LLC activities, events, instructions, tasks, implied tasks, and related activities, whenever or however they occur.
 
PARTICIPANT warrants that he/she is in proper physical condition to participate in or otherwise assist with HY Factory LLC, and acknowledges, understands, and assumes all risks relating to HY Factory LLC, ice hockey in general, and any and all team activities and physical activities.  PARTICIPANT also understands that ice hockey and its related activities include both foreseen and unforeseen risks to PARTICIPANT’s person, including bodily injury, partial or total disability, paralysis and death, and damages.  PARTICIPANT acknowledges, understands, and assumes all risks arising from the conditions and use of outdoor or indoor hockey facilities and rinks and related areas, premises, and places and acknowledges and understands that included within the scope of this RELEASE is any cause of action (including without limitation any cause of action based on RELEASEES’ negligence) arising from the performance or failure to perform maintenance, inspection, supervision, or control of said facilities, rinks, areas, premises, and places and the failure to warn of dangerous conditions existing at said facilities, rinks, areas, premises, and places and appurtenant facilities.  PARTICIPANT also hereby consents to such medical treatment as RELEASEES deem necessary if PARTICIPANT becomes ill or is injured at RELEASEES facilities, rinks, areas, and places.
 
PARTICIPANT understands HY Factory LLC activities, events, instructions, tasks, implied tasks, and related activities may be photographed, filmed, or recorded, and consents to RELEASEES’ use and publication of PARTICIPANT’s image, photograph, audio recordings, or other depictions or publications concerning the HY Factory LLC.  PARTICIPANT grants HY Factory LLC its licensees, designees, successors and assigns, a worldwide, perpetual, irrevocable, fully paid, royalty free, transferable and sub-licensable right and license to use, copy and disseminate PARTICIPANT’s image and personal attributes, and to modify and present the same in any form, manner and media, now known or hereafter devised, for any purpose whatsoever.
 
This RELEASE shall be governed by the applicable laws of Colorado, and PARTICIPANT agrees that any legal action concerning this RELEASE or the subject matter hereof shall be adjudicated only in the federal or state courts of Tennessee and/or Colorado, and in no other jurisdiction.  If any part of this RELEASE is determined by a court of law to be unenforceable, all other parts shall be given full force and effect.  PARTICIPANT also covenants not to sue RELEASEES, and further agrees that if any claim for PARTICIPANT’s personal injury or other damages is commenced by any person or entity against RELEASEES, PARTICIPANT shall DEFEND, INDEMNIFY, AND HOLD RELEASEES HARMLESS from and with respect to any and all such claims or causes of action by whomever or wherever made or presented, including defense costs and legal fees. No statements regarding the effect of this RELEASE, not contained in this RELEASE, shall modify the terms of the RELEASE.
 
PARTICIPANT further acknowledges that he/she has read and understands the meaning and intent of this document, has not relied upon any representations of RELEASEES, and is fully aware of the potential risk and dangers of HY Factory LLC activities, events, instructions, tasks, implied tasks, and related activities whenever or however they occur.  This agreement affects the PARTICIPANTs legal rights, and the PARTICIPANT is advised to consult an attorney concerning this agreement.
 
All sports and free play are associated with risk for a concussion, including playing, officiating or participating in ice hockey. It is important that PARTICIPANT learn about concussion prevention, recognition, treatment and return to play.
 
A concussion is a type of traumatic brain injury caused by a bump or blow to the head or by a hit to the body that causes the head and brain to move quickly back and forth. Bouncing or twisting of the brain in the skull can cause chemical changes and sometimes stretching of the brain cells.  A concussion disrupts the way the brain normally works. Most concussions are mild, but all concussions should be taken seriously because permanent brain damage and death can occur from the injury and another injury. A concussion may be difficult to recognize. A PARTICIPANT does not have to be “knocked-out” to have a concussion; less than 10% of players actually lose consciousness.  Signs and symptoms may show up right after the injury or can take hours or days to fully develop and appear.  If the PARTICIPANT reports one or more symptoms or demonstrates any signs of concussion after a blow to the head or body, he/she should be kept out of practice, play or training immediately and referred to health care professionals with experience in concussion management.  A concussed brain needs time to heal and the person is much more likely to have another concussion if they return too soon.  Repeat concussions are usually more severe and take longer to heal. Return to play is allowed only after the PARTICIPANT is without symptoms, has progressed through the concussion protocol, and is cleared by health care professionals. USA Hockey provides the PARTICIPANT with information and educational materials about concussions, including the risk of sustaining a concussion, how to minimize these risks, concussion signs and symptoms, and USA Hockey’s program for returning to play following a concussion. USA Hockey’s Concussion Management Program can be found on the USA Hockey website at: usahockey.com/safety-concussions.
 
By signing below, PARTICIPANT hereby acknowledges, states, and agrees as follows:
 
(1) I have had the opportunity to review information on concussions provided by USA Hockey, including the signs and symptoms of a concussion.
 
(2) Participating in the sport of ice hockey involves the risk of sustaining a concussion, and I knowingly, freely and fully assume all such risks.
 
  (3) I or any PARTICIPANT suspected of possibly sustaining a concussion will be removed from practice and/or competition (and I, the PARTICIPANT, will remove myself from practice or competition) and not be returned/return to practice and/or competition until cleared in writing by a licensed health care provider trained in the evaluation and management of concussions.
 
(4) I, the PARTICIPANT, shall follow USA Hockey’s Post-Concussion Return to Play Protocol and any applicable state law prior to returning to play.
 
By signing below, PARTICIPANT agrees to abide by and be bound under the playing rules and rules and regulations of USA Hockey, including the By-Laws of USA Hockey and the mandatory dispute resolution, discipline and arbitration provisions, as currently published in the USA Hockey Annual Guide. Copies of the USA Hockey Bylaws, including the mandatory dispute resolution, discipline and arbitration clauses, are available from the USA Hockey offices or may be found at www.usahockey.com/annualguide.  Any dispute, claim or cause of action regarding the terms of this agreement or subject matter hereof shall be brought (1) individually, without resort to any form of class or collective action, and without joinder or consolidation of claims of third parties, and (2) exclusively in the manner provided in the rules of USA Hockey (including, without limitation USA Hockey Bylaw 10) to the extent applicable.
 
I have voluntarily executed this RELEASE, fully intending to be bound hereby.