DFHA Participation Waiver
DFHA Facility Participation and Media Waiver Agreement
Effective as of May 1, 2025
Participation at University of Delaware
Delaware Field Hockey Association LLC (Also Known As DFHA) operates as a nonprofit organization and offers recreational sports leagues for adult field hockey at the University of Delaware Fred P. Rullo Stadium, hereafter referred to as Rullo Stadium. This includes practices, games, socials, tournaments, and leagues run by DFHA. Most event locations will be at Rullo Stadium, 645 S College Ave, Newark, DE 19713. (“DFHA Rents Rullo Stadium”). DFHA’s Board of Directors and its members, representatives, any owner of DFHA, and the heirs, successors, and assigns of all of the foregoing are collectively referred to as the “DFHA’.” The Rullo Stadium Location and all facilities, equipment, and other fixtures or personal property that may be there occasionally are collectively referred to as the “Rullo Stadium.”
WAIVER OF LIABILITY, RELEASE, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT I agree to render Delaware Field Hockey Association to permit my use of the Rullo Stadium and participation in programs and activities at the Rullo Stadium; and in consideration for DFHA’s permission for me to use Rullo Stadium Facilities and equipment and to participate in DFHA’s programs and activities (“DFHA’s Activities”) at the Rullo Stadium Location; and intending to bind me legally, and my heirs, executors, personal representatives, assigns and estates, I hereby acknowledge, warrant and agree to the following:
A.
Release, Covenant Not To Sue, And Agreement To Indemnify. A. On behalf of myself, I hereby knowingly and voluntarily, FOREVER RELEASE, DISCHARGE, AND AGREE TO HOLD HARMLESS all DFHA from any and all claims, demands, or causes of action of any kind which are in any way associated with, related to, and/or arising from my presence at and/or use of Rullo Stadium Facilities and/or participation in DFHA’s Activities, including, but not limited to, those for losses, injuries or damages pertaining to any property loss, personal injury, or death suffered or sustained by me, whether or not such losses, injuries or damages are caused solely, or in part, by the negligence (including ordinary negligence and gross negligence), recklessness, carelessness or another fault (“Claim(s)”) of any of the DFHA’s Parties. I agree to indemnify all DFHA’s Parties for any and all costs, charges, or expenses, including reasonable attorney’s fees, incurred in connection with any said Claim(s).
On behalf of myself, I understand, agree, and acknowledge that by signing this Agreement, I VOLUNTARILY WAIVE AND RELEASE ANY RIGHT TO SUE OR OTHERWISE BRING ANY CLAIM (as defined above), AND WILL BE PRECLUDED FROM, SUING OR OTHERWISE BRINGING ANY CLAIM (as defined above), against any of the DFHA’s Parties including, but not limited to, any Claim(s) for losses, injuries or damages pertaining to any property loss, personal injury, or death suffered or sustained by me, whether or not such losses, injuries or damages are caused solely or, in part, by the negligence (including ordinary negligence and gross negligence), recklessness, carelessness or other faults of any of the Rullos Stadium’s Parties. This also means that a Claim(s) cannot be pursued by or on behalf of me against any of the DFHA’s Parties for contribution or indemnity (or to share the liability) if a claim, demand, or cause of action of any kind is asserted against me which is in any way associated with, related to, and/or arising from my presence at and/or use of Rullo Stadium Facilities and/or participation in DFHA’s Activities.
On behalf of myself, I hereby understand, agree, and acknowledge that if a suit or other claim of any kind is brought on my behalf against a party other than DFHA’s Parties for any property loss, personal injury, or death suffered or sustained by myself, which is in any way associated with, related to, and/or arising from my presence at and/or use of Rullo Stadium Facilities and/or participation in DFHA’s Activities. Any DFHA’s Parties become a party to such claim or suit. IN ORDER TO RELIEVE ANY DFHA’s PARTIES FROM LIABILITY TO MAKE CONTRIBUTION TO ANOTHER PARTY, ANY MONEY JUDGMENT OBTAINED AGAINST ANY SUCH OTHER PARTY SHALL BE RELEASED AND REDUCED TO THE EXTENT OF THE DFHA’s PARTIES’ PRO RATA SHARE OF DAMAGES RECOVERABLE AGAINST ALL OTHERS.
Furthermore, on behalf of myself, I hereby covenant, warrant, and agree that should I, or my heirs, representatives, assigns, or estates of any of us, breach this Agreement by commencing a lawsuit or by otherwise bringing a Claim(s) against any of the DFHA’s Parties which is in any way associated with, related to, and/or arising from my presence at and/or use of Rullo Stadium Facilities and/or participation in DFHA’s Activities, pursuant to this Agreement, I SHALL INDEMNIFY AND BE INDIVIDUALLY AND JOINTLY LIABLE TO DFHA’s PARTIES for any and all costs, damages, losses, and expenses, including judgments, fines, settlements, punitive damages, and attorneys’ fees, arising from any such threatened, pending or instituted Claim(s), whether civil, criminal, administrative or arbitrative, and any appeal to such Claim(s).
B.
Governing Law. On behalf of myself, I hereby understand, agree, and acknowledge that this Agreement shall be construed under the internal laws of the Commonwealth of Delaware without reference to conflict of laws principles, as broadly and inclusively as is permitted thereby; and that if any portion of a provision of this Agreement shall be held invalid, illegal or unenforceable, this shall not affect the validity or enforceability of any other provision of this Agreement. This Agreement may not be amended or modified except by an agreement in writing signed by the party against whom the enforcement of any modification is sought.
C.
Acknowledgments. On behalf of myself, I hereby understand, agree, and acknowledge: (A) THAT I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT; (B) THAT I HAVE READ AND UNDERSTAND THIS DOCUMENT, AND AGREE TO BE BOUND BY ITS TERMS; (C) THAT I HAVE NOT RELIED ON ANY ORAL OR WRITTEN REPRESENTATIONS MADE BY DFHA OR ANY OF ITS MEMBERS, OWNERS, EMPLOYEES, OFFICERS, AGENTS OR REPRESENTATIVES; (D) THAT I AM FULLY AWARE OF THAT THERE ARE POTENTIAL RISKS CONNECTED WITH MY USE OF RULLO STADIUM’S FACILITIES AND
PARTICIPATION IN DFHA’S ACTIVITIES AND; (E) THAT I AM AGREEING TO THIS DOCUMENT VOLUNTARILY AND OF MY OWN FREE WILL AND HAVE READ BEFORE CONFIRMING MY SELECTION.
Participation at DE Turf
Delaware Field Hockey Association LLC (Also Known As DFHA) operates as a nonprofit organization and offers recreational sports leagues for adult field hockey at DE Turf Sports Complex. This includes practices, games, socials, tournaments, and leagues run by DFHA. Most event locations will be at DE Turf Sports Complex, 4000 Bay Rd. Frederica, DE 19946. (“DFHA Rents DE Turf Sports Complex”). DFHA’s Board of Directors and its members, representatives, any owner of DFHA, and the heirs, successors, and assigns of all of the foregoing are collectively referred to as the “DFHA’.” The DE Turf Sports Complex Location and all facilities, equipment, and other fixtures or personal property that may be there occasionally are collectively referred to as the “DE Turf.”
WAIVER OF LIABILITY, RELEASE, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT I agree to render Delaware Field Hockey Association to permit my use of the DE Turf Sports Complex and participation in programs and activities at the DE Turf Sports Complex; and in consideration for DFHA’s permission for me to use DE Turf Sports Complex Facilities and equipment and to participate in DFHA’s programs and activities (“DFHA’s Activities”) at the DE Turf Sports Complex Location; and intending to bind me legally, and my heirs, executors, personal representatives, assigns and estates, I hereby acknowledge, warrant and agree to the following:
A.
Release, Covenant Not To Sue, And Agreement To Indemnify. A. On behalf of myself, I hereby knowingly and voluntarily, FOREVER RELEASE, DISCHARGE, AND AGREE TO HOLD HARMLESS all DFHA from any and all claims, demands, or causes of action of any kind which are in any way associated with, related to, and/or arising from my presence at and/or use of DE Turf Sports Complex Facilities and/or participation in DFHA’s Activities, including, but not limited to, those for losses, injuries or damages pertaining to any property loss, personal injury, or death suffered or sustained by me, whether or not such losses, injuries or damages are caused solely, or in part, by the negligence (including ordinary negligence and gross negligence), recklessness, carelessness or another fault (“Claim(s)”) of any of the DFHA’s Parties. I agree to indemnify all DFHA’s Parties for any and all costs, charges, or expenses, including reasonable attorney’s fees, incurred in connection with any said Claim(s).
On behalf of myself, I understand, agree, and acknowledge that by signing this Agreement, I VOLUNTARILY WAIVE AND RELEASE ANY RIGHT TO SUE OR OTHERWISE BRING ANY CLAIM (as defined above), AND WILL BE PRECLUDED FROM, SUING OR OTHERWISE BRINGING ANY CLAIM (as defined above), against any of the DFHA’s Parties including, but not limited to, any Claim(s) for losses, injuries or damages pertaining to any property loss, personal injury, or death suffered or sustained by me, whether or not such losses, injuries or damages are caused solely or, in part, by the negligence (including ordinary negligence and gross negligence), recklessness, carelessness or other faults of any of the DE Turf’s Parties. This also means that a Claim(s) cannot be pursued by or on behalf of me against any of the DFHA’s Parties for contribution or indemnity (or to share the liability) if a claim, demand, or cause of action of any kind is asserted against me which is in any way associated with, related to, and/or arising from my presence at and/or use of DE Turf Sports Complex Facilities and/or participation in DFHA’s Activities.
On behalf of myself, I hereby understand, agree, and acknowledge that if a suit or other claim of any kind is brought on my behalf against a party other than DFHA’s Parties for any property loss, personal injury, or death suffered or sustained by myself, which is in any way associated with, related to, and/or arising from my presence at and/or use of DE Turf Sports Complex Facilities and/or participation in DFHA’s Activities. Any DFHA’s Parties become a party to such claim or suit. IN ORDER TO RELIEVE ANY DFHA’s PARTIES FROM LIABILITY TO MAKE CONTRIBUTION TO ANOTHER PARTY, ANY MONEY JUDGMENT OBTAINED AGAINST ANY SUCH OTHER PARTY SHALL BE RELEASED AND REDUCED TO THE EXTENT OF THE DFHA’s PARTIES’ PRO RATA SHARE OF DAMAGES RECOVERABLE AGAINST ALL OTHERS.
Furthermore, on behalf of myself, I hereby covenant, warrant, and agree that should I, or my heirs, representatives, assigns, or estates of any of us, breach this Agreement by commencing a lawsuit or by otherwise bringing a Claim(s) against any of the DFHA’s Parties which is in any way associated with, related to, and/or arising from my presence at and/or use of DE Turf Sports Complex Facilities and/or participation in DFHA’s Activities, pursuant to this Agreement, I SHALL INDEMNIFY AND BE INDIVIDUALLY AND JOINTLY LIABLE TO DFHA’s PARTIES for any and all costs, damages, losses, and expenses, including judgments, fines, settlements, punitive damages, and attorneys’ fees, arising from any such threatened, pending or instituted Claim(s), whether civil, criminal, administrative or arbitrative, and any appeal to such Claim(s).
B.
Governing Law. On behalf of myself, I hereby understand, agree, and acknowledge that this Agreement shall be construed under the internal laws of the Commonwealth of Delaware without reference to conflict of laws principles, as broadly and inclusively as is permitted thereby; and that if any portion of a provision of this Agreement shall be held invalid, illegal or unenforceable, this shall not affect the validity or enforceability of any other provision of this Agreement. This Agreement may not be amended or modified except by an agreement in writing signed by the party against whom the enforcement of any modification is sought.
C.
Acknowledgments. On behalf of myself, I hereby understand, agree, and acknowledge: (A) THAT I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT; (B) THAT I HAVE READ AND UNDERSTAND THIS DOCUMENT, AND AGREE TO BE BOUND BY ITS TERMS; (C) THAT I HAVE NOT RELIED ON ANY ORAL OR WRITTEN REPRESENTATIONS MADE BY DFHA OR ANY OF ITS MEMBERS, OWNERS, EMPLOYEES, OFFICERS, AGENTS OR REPRESENTATIVES; (D) THAT I AM FULLY AWARE OF THAT THERE ARE POTENTIAL RISKS CONNECTED WITH MY USE OF DE TURF’S FACILITIES AND
PARTICIPATION IN DFHA’S ACTIVITIES AND; (E) THAT I AM AGREEING TO THIS DOCUMENT VOLUNTARILY AND OF MY OWN FREE WILL AND HAVE READ BEFORE CONFIRMING MY SELECTION.
Media Waiver
DFHA reserves the right to perform photography, videography, or messages that could be used for multi-purpose communication or marketing on channels such as social media, web, email, or other forms of communication or advertisements.