The individual named above (hereinafter referred to as “I” or “me”) desires to participate in Top Cheddar Hockey Tournament being held from May 26, 2023 through May 29, 2023 in the Aliso Viejo, CA and Lake Forest, CA area (the “Tourney”) provided by Giovanni Barone. As an inducement to participate in the tournament, I agree to all the terms and conditions set forth in this agreement (the “Agreement”).

1. I represent and warrant that to the best of my knowledge I am healthy and in good physical condition. I am not aware of any physical or mental conditions or problems that could prevent or limit me participation in the drills, games, exercises or other activities at the Tourney (whether on or off the ice). To the best of my knowledge, I am able to participate fully and without limitation in all such drills, exercises, games and other activities of the Tourney. If I experience any physical injury or mental injury or problem during the Tourney, I agree to promptly notify Giovanni Barone and to immediately cease engaging in any further activities at the Tourney.
2. I agree that I and any other persons that I bring on the Tourney premises will comply with all rules and regulations of Giovanni Barone and the Tourney, as well as the rules of the venue owner and/or operator, including without limitation, those rules that relate to drills, games, exercises and all other activities. To the maximum extent permitted by applicable law, I accept and shall be fully liable for any and all Claims and Actions which result, directly or indirectly, from my actions and/or omissions at the Tourney.
3. I agree that Giovanni Barone has the right in its sole discretion to dismiss me from the Tourney permanently upon verbal or written notice to me. Further, I agree that Giovanni Barone may ban my participation in any drill, game, exercise or other activity, if Giovanni Barone determines, in its sole discretion, that (i) I have not complied with any rule or regulation governing my behavior during the Tourney, or (ii) I am behaving, or may have behaved, in a manner that has or may create a safety, health or other hazard for other participants, staff members of Giovanni Barone, and/or for the venue owner and/or operator. If I am dismissed from the Tourney or am banned from any Tourney activities, I shall not be entitled to a refund of any fees paid to attend the Tourney.
4. I AM AWARE AND UNDERSTAND THAT THE GAME OF HOCKEY IS INHERENTLY DANGEROUS AND THAT PLAYING THE GAME AND/OR PARTICIPATING IN ANY DRILLS OR OTHER ACTIVITIES THAT MAY BE SCHEDULED AT THE TOURNEY INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF GIOVANNI BARONE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE TOURNEY AND IN ALL TOURNEY ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF GIOVANNI BARONE OR OTHERWISE.
5. I hereby expressly waive, release, indemnify and hold harmless (i) Giovanni Barone, his officers, directors, employees, agents, affiliates, successors, and assigns, (ii) Giovanni Barone, and his heirs, successor and legal representatives, and (iii) each employee, independent contractor, agent, volunteer or other staff personnel employed, hired, or engaged by Giovanni Barone to participate in the Tourney (collectively, “Releasees”), against any and all claims, causes of action, damages, injuries, expenses (including reasonable attorneys’ fees and court costs) and liabilities of whatever nature, including without limitation, as a result of the negligence of any Releasees (“Claims and Actions”), which I may suffer or incur, relating directly or indirectly to (a) my breach of any of the terms of this Agreement and (b) any physical injuries (including death) which I may suffer or incur while attending the Tourney and/or participating in games, drills, exercises and/or any other activities (including activities on and off the ice) at the Tourney.
6. I FURTHER AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WAIVERS, RELEASES AND INDEMNITIES IN THIS AGREEMENT EXTEND TO ANY LOSSES OR INJURIES CAUSED TO ME, DIRECTLY OR INDIRECTLY, BY ANY OTHER PARTICIPANTS AT THE TOURNEY (INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AS A RESULT OF PHYSICAL PROVOCATIONS, OR OTHER TORTIOUS CONDUCT BY ANY OTHER PARTICIPANTS).
7. By participating in the Tourney, I hereby grant Giovanni Barone the right to use (and license third parties the right to use) my name, image, likeness and photograph (whether in the form of videotape or still photographs) for commercial, marketing, promotional, journalistic and editorial purposes in connection with the marketing of the Tourney and for future hockey tournaments arranged by Giovanni Barone regardless of the medium of distribution or dissemination and without the payment of any fee or other compensation to me.
8. This Agreement constitutes the sole and entire agreement of Giovanni Barone and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or un-enforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of Giovanni Barone and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Orange County, California and I hereby consent to the exclusive jurisdiction of such courts. The prevailing party with respect to any legal action (as determined by the court or other fact-finder) shall be entitled to recover from the losing party all reasonable costs of any legal action, including without limitation, attorneys’ fees and costs.
9. No provisions of this Agreement may be waived or modified unless it is in writing and signed by both myself and an authorized representative of Giovanni Barone. To the maximum extent permitted by applicable law, if there is any conflict between any provision of this Agreement and any present or future statute, law, ordinance, regulation, the latter shall prevail provided that the provision hereof so affected shall be limited only to the extent necessary and no other provision shall be affected.
10. GIOVANNI BARONE HEREBY RECOMMENDS THAT I SEEK THE ADVICE OF LEGAL COUNSEL PRIOR TO EXECUTING THIS AGREEMENT SINCE THIS AGREEMENT MAY AFFECT MY LEGAL RIGHTS. IF I HAVE NOT CONSULTED WITH AN ATTORNEY, I HAVE VOLUNTARILY DECIDED THIS COURSE OF ACTION, AND ACCORDINGLY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAIVE ANY RIGHT TO CLAIM THAT I WAS NOT REPRESENTED BY COUNSEL, OR THAT I DID NOT UNDERSTAND THE SIGNIFICANCE OF ANY OF THE TERMS OF THIS AGREEMENT.
11. By accepting these terms electronically through the Registration page, I agree that this Agreement shall be valid, binding and enforceable against all parties hereto.

Each of the undersigned, on behalf of itself (the “Participant”) has voluntarily enrolled in The T.C.H. Memorial Day Weekend Tournament & related events (“TCH Cup”), which is owned and operated by Giovanni Barone ( referred to as “Owner”). The Participant is voluntarily entering the tournament and consenting to participate in activities involved therein. But for accepting this COVID-19 Waiver/Release, Owner would not grant Participant involvement in TCH Cup. Participant shall adhere to all rules and instructions of all facilities utilized as part of TCH Cup, including those expressed, posted, or provided by or on behalf of Owner (including any employee or representative) to Participant, as well as those that may be expressed, posted or provided by or on behalf of any facility used during The TCH Cup at any time prior to or during participation in the TCH Cup as well as all applicable laws, ordinances, and regulations, including but not limited to proper separation and social distancing.

Participant acknowledges that the State of California, including the cities/towns where TCH Cup is located, is experiencing the COVID-19 pandemic (“COVID19”). COVID19 has been designated as a respiratory disease which has been spreading around the world. Information and guidelines regarding use and access of facilities such as those utilized by TCH Cup is changing and being updated daily and it is the responsibility of the Participant to make informed choices and to take precautionary measures to protect themself and others. More information is available at www.coronavirus.gov and www.cdc.gov/coronavirus/2019 as well as through other local and national resources.

Participant hereby acknowledges that he/she/it is aware of COVID19 and assumes all risks arising from and associated with exposure to it. Participant further acknowledges that TCH Cup cannot guarantee that Participant will not be exposed to and/or will not become infected with COVID-19, and that such exposure or contraction of Coronavirus may result in personal injury, illness, disability and/or death. Participant further acknowledges that other people including, but not limited to, Owner and its employees, other participants, guests, and other patrons may enter the facilities being utilized by TCH Cup prior to, at the same time or after Participant, which may increase the risk of exposure of COVID19 to Participant. Owner has not and expressly does not make and Participant is not relying upon any representation or warranty, expressed or implied, that The TCH Cup or any of its employees, or other participants are free from COVID19 or that any particular precautions, actions, preventions or disinfecting has occurs of it it has, is or may not be effective in the prevention of COVID19 or the exposure thereto. Further, Owner has not and expressly does not make and Participant is not relying upon any representation or warranty, express or implied, that patrons, guests or employees of any of TCH Cup utilized facilities are free from COVID19 or that any particular precautions, actions, preventions or disinfecting has occurred or if it has, is or may not be effective in the prevention of COVID19 or the exposure thereto. Participant agrees that it will not enter or shall promptly leave the facility if he/she/it has COVID19 or other symptoms of influenza-like illness and shall notify Owner (or an employee) of such symptoms. Owner reserves the right to refuse entry by Participant based upon information received from Participant or upon guidelines provided by governmental authorities, CDC, medical advisers or other industry recommendations or governmental requirements or otherwise pursuant to its own guidelines, regulations, or independent determination.

Participant hereby voluntarily acknowledges and assumes all risks related to COVID19. Participant hereby waives, releases, covenants not to sue, discharges and agrees to indemnify, defend and hold harmless Owner and each of its affiliates, partners, members, managers, employees, representatives and agents (“Owner Parties”) for, from and against any and all liability, claims, causes of action, damages, losses, cost, expense, illness, injuries, and death (“Claims”) arising out of or related to COVID19 and/or involvement in TCH Cup by Participant. Participant acknowledges and agrees that this waiver, release, and indemnification acknowledgment includes any and all Claims related to or arising from any actions or omissions (including the negligence of) by the Owner. If requested, prior to and as a condition of participating in BHL Cup, Participant shall accurately and honestly complete, execute and deliver a health disclosure form related to COVID19 as provided by Owner and acknowledges that Owner is relying on the information provided in the heath disclosure in granting such access.