Liability Waiver

Apex Soccer Lab, LLC Terms of Use

In exchange for permission to use the facilities, training services, and equipment of any kind located at Apex Soccer Lab LLC (“Apex Soccer Lab LLC”), I, on behalf of myself, any minor for whom I am the parent or guardian or otherwise responsible, my heirs, personal representatives, and assigns (collectively, “Participants”), acknowledge and agree to the following:

I. Waiver of Liability

Participants acknowledge and understand the inherent risks of the sport in which they will participate and/or observe at Apex Soccer Lab LLC, and as a consequence and with full understanding of these risks, agree to fully and forever waive, release, discharge, covenant not to sue, and hold harmless Apex Soccer Lab LLC from any claim, action, cause of action, demand, suit, damages (including compensatory, general, special, consequential, exemplary, and punitive damages), liability, or obligation of any kind, whether known at the time of leaving Apex Soccer Lab LLC or which may arise or become known later, that accumulate from or are in any way related to:
(1) the Participants’ activities at Apex Soccer Lab LLC;
(2) the activities of others at Apex Soccer Lab LLC;
(3) the use of Apex Soccer Lab LLC’s facilities and/or equipment, whether owned by Participants, Apex Soccer Lab LLC, or any other person.

This waiver and release applies to all claims, including negligence and/or breach of contract or warranty, that result in any injury to the Participants, including but not limited to personal injury, accidents, illness, death, disability (temporary or permanent), property damage, financial loss, medical expenses, attorney fees, and court or litigation costs, for both Participants and any third party presenting any claim or action against Apex Soccer Lab LLC arising from the Participants’ use of or presence at Apex Soccer Lab LLC.

II. Safety Rules, Equipment, and Emergencies

Participants acknowledge and understand that Apex Soccer Lab LLC enforces certain safety rules, which may be displayed on signage within the facility, and recommends the use of helmets and protective gear for all athletes participating in any use of Apex Soccer Lab LLC.

Participants agree to comply with all rules and instructions of Apex Soccer Lab LLC and follow the directions of their coach and/or Apex Soccer Lab LLC employees regarding the use of the facilities. Failure to comply may result in the immediate revocation of the Participants’ right to use the facilities and/or equipment without refund of any payments made to date or for any future contracted period.

Participants acknowledge and understand that Apex Soccer Lab LLC is not responsible for purchasing, providing, or ensuring the use of proper protective equipment. If Participants choose not to use proper protective equipment at any time while using or being present at Apex Soccer Lab LLC, they assume that risk and agree to release, discharge, and hold harmless Apex Soccer Lab LLC from any injury to the Participants, including but not limited to personal injury, accidents, illness, death, disability (temporary or permanent), property damage, financial loss, medical expenses, attorney fees, and court or litigation costs, for both Participants and any third party presenting any claim or action against Apex Soccer Lab LLC arising from the Participants’ use of or presence at Apex Soccer Lab LLC.

Participants certify that they are not aware of any injury or condition that may prevent them from participating in the activity for which they will use Apex Soccer Lab LLC, that they are in sufficient health to participate, that they have no pre-existing injury that may worsen due to their activities at Apex Soccer Lab LLC, and that they will not use Apex Soccer Lab LLC under the influence of drugs, alcohol, or medication that may impair their abilities or judgment. In the event of an accident, injury, or illness, Participants consent and authorize Apex Soccer Lab LLC employees and/or representatives to obtain emergency medical treatment on their behalf and secure such treatment at the Participants’ expense.

Apex Soccer Lab LLC maintains a zero-tolerance policy for any form of violence. Participating in violence toward any person at Apex Soccer Lab LLC, or engaging in harassment, insults, profanity, racial slurs or discriminatory comments, inappropriate gestures or language, mistreatment of staff or guests, or any disorderly behavior will result in immediate removal or banning from Apex Soccer Lab LLC without refund.

III. Allergens / Pathogens

Participants acknowledge and understand that Apex Soccer Lab LLC is not an allergen-free or pathogen-free environment. While cleaning procedures and products may reduce the presence of bacteria, viruses (including COVID-19), and mold, there is a risk of exposure to such allergens or pathogens due to my participation in any sport or presence at Apex Soccer Lab LLC, and such exposure may cause illness or other bodily injury. Participants assume that risk and agree to release, discharge, and hold harmless Apex Soccer Lab LLC from any injury to Participants, including but not limited to personal injury, accidents, illness, death, disability (temporary or permanent), property damage, financial loss, medical expenses, attorney fees, and court or litigation costs, for both Participants and any third party presenting any claim or action against Apex Soccer Lab LLC arising from the Participants’ use of or presence at Apex Soccer Lab LLC.

IV. Indemnification

Participants agree to indemnify, hold harmless, and defend (if requested) Apex Soccer Lab LLC from any claim, action, or demand that may be brought against Apex Soccer Lab LLC by any third party arising from any act or omission of the Participants or their guests, including any resulting costs, expenses, damages, and liabilities, including attorney fees, court costs, and litigation expenses. Participants acknowledge they are responsible for any loss or damage to Apex Soccer Lab LLC facilities and/or equipment resulting from the actions or omissions of the Participants or their guests.

V. Permission to Use Image, Name, and Statements

Participants acknowledge and understand that Apex Soccer Lab LLC and its tenants may obtain photographs, videos, or other recordings of Participants as a result of their use of or presence at Apex Soccer Lab LLC. As a condition of using and visiting Apex Soccer Lab LLC, Participants grant Apex Soccer Lab LLC the right to use or reproduce their name, image, likeness, photographic image, video image, or any oral or written statements related to the Participants’ use or visit of Apex Soccer Lab LLC. Participants agree they will never be entitled to compensation, royalties, or any form of payment arising from such permitted use.

VI. Choice of Law and Jurisdiction

This agreement will be governed by and interpreted according to the substantive law of the State of Texas, without regard to conflict-of-law principles. The exclusive venue for any action arising out of or related to this agreement will be the courts located in Houston, Harris County, Texas.

VII. Class Action Waiver

In exchange for permission to use or enter Apex Soccer Lab LLC, Participants waive the right to participate in any class action or collective claim of any kind for any claim or cause of action arising from or related to the Participants’ use of or entry into Apex Soccer Lab LLC facilities.

VIII. Severability

The provisions of Apex Soccer Lab LLC’s Terms of Use are severable, and if any part, subsection, or phrase is deemed unenforceable, the remaining provisions will remain valid and enforceable to the fullest extent permitted by law.

IX. Final Acknowledgment and Consent to be Bound

I, on behalf of myself, any minor for whom I am the parent or guardian or otherwise responsible, my heirs, personal representatives, and assigns, have read Apex Soccer Lab LLC’s Terms of Use, fully understand their terms, acknowledge that I am waiving substantial rights—including my right to sue and recover money of any kind for any injury—and have consented to certain permissions regarding my image. With my signature, I intend this to be a complete and unconditional release of all liability against Apex Soccer Lab LLC to the fullest extent permitted by law.

Photo Disclaimer Upon Entry

By entering and participating in activities at Apex Soccer Lab LLC located in Katy, TX, you acknowledge and accept the following photo disclaimer:

Consent for Photography and Video Recording

During your visit to Apex Soccer Lab LLC, photographs and video recordings may be taken by authorized staff, contractors, or third parties. These images may include your likeness, voice, and participation in activities.

Purpose of Photos and Recordings

The photographs and video recordings captured may be used for promotional, marketing, educational, and informational purposes, both online and offline. This includes but is not limited to the Apex Soccer Lab LLC website, social media platforms, brochures, flyers, advertisements, and other related materials.

No Compensation

You understand and agree that you will not receive any compensation, payment, or royalties for the use of these photographs or video recordings.

Right of Use

Apex Soccer Lab LLC and its affiliates retain exclusive rights to use, reproduce, distribute, and display the photographs and video recordings without restriction, worldwide and in perpetuity.

Release and Waiver

You release and hold harmless Apex Soccer Lab LLC, its owners, employees, contractors, and authorized third parties from any claim, demand, or cause of action arising from the use of your image, voice, or participation in photographs and video recordings.

Objection and Notification

If you have concerns regarding the use of your image, voice, or appearance in promotional materials, notify us in writing before participating in any activity. While reasonable efforts will be made to accommodate your request, complete avoidance of all image capture cannot be guaranteed once photos or videos are taken.

By entering the facilities of Apex Soccer Lab LLC, you indicate your understanding and agreement with this photo disclaimer. If you disagree with any part of this disclaimer, inform the staff before participating in any activity.

This disclaimer is subject to change without notice. It is your responsibility to review it periodically to stay informed of updates.