Beach Elite Liability Waiver Form

Please read the following information carefully and sign where indicated. This waiver must be signed by the athlete participant and/or their parent or guardian if the participant is under 18 years of age.

Liability Agreement

Beach Elite Volleyball Waiver and Release of Liability

(MeaKai Athletica, Inc. d/b/a Beach Elite – Mecklenburg County, North Carolina)

READ CAREFULLY – THIS IS A LEGAL DOCUMENT AFFECTING YOUR RIGHTS.

By signing below, you acknowledge and accept the inherent risks of participating in sand volleyball and are waiving certain legal rights, including the right to sue. Serious injuries — including paralysis or death — can occur in these activities.

Do not sign or participate unless you understand and accept all terms.

Assumption of Inherent Risks

I, the undersigned participant (or parent/legal guardian of a minor participant), acknowledge that sand volleyball activities involve numerous inherent and significant risks.

These risks include, but are not limited to:

1. Strenuous Physical Exertion – over-exertion, dehydration, muscle strains, sprains, cardiac events, or other physical injuries resulting from running, jumping, diving, and other athletic activities on sand.
2. Collisions and Contact – bodily collisions with players, coaches, bystanders, or stationary objects; being struck by a volleyball; impact with equipment (including unpadded net posts) that may cause cuts, fractures, concussion, or severe injury.
3. Competitive Play & Coaching Drills – high-velocity balls spiked or served during games, drills, or coach-directed “attack” exercises that can cause injury.
4. Equipment & Facility
5. Conditions – hazards posed by nets, poles, boundary markers, uneven sand, holes or depressions, rocks/shells, debris, fencing, or seating.

Environmental Conditions – extreme heat, sun exposure, sudden storms or lightning, insects, wildlife, blowing sand, or other outdoor factors.

I freely and voluntarily assume all such inherent risks, foreseen or unforeseen, and accept full responsibility for any injury, illness, or death resulting from participation — including those arising from the ordinary negligence of the Released Parties or others. If I observe any unsafe condition or behavior, I will immediately discontinue participation and notify Beach Elite staff.

Voluntary Participation – Participation is completely voluntary.

If I am not comfortable with these risks, I agree not to participate (or not to allow my child to participate).

Release and Waiver of Liability

In consideration of being permitted to participate in any Beach Elite activity —including open play, drop-ins, practices, clinics, and tournaments—at The Strand facility,

I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the following (collectively, the “Released Parties”):

1. John Sutton, individually;
2. Violeta Slabakova, individually;
3. MeaKai Athletica, Inc. d/b/a Beach Elite, and all owners, officers, directors, employees, agents, coaches, trainers, contractors, and professionals;
4. The Strand Homeowners Association (HOA), its officers, directors, members, property owners, managers, and affiliates;
5. All other associated organizations or individuals involved in organizing, hosting, sponsoring, or permitting Beach Elite activities, including volunteers, coaches, fellow participants, suppliers, and insurers.

Scope of Release

This waiver is intended to be as broad and inclusive as permitted under North Carolina law. I release the Released Parties from any and all liability, claims, demands, actions, or causes of action for loss, damage, injury, or death sustained by me (or my minor child) arising directly or indirectly from participation or presence on the premises—even if caused by the ordinary negligence of a Released Party.

Covenant Not to Sue & Hold Harmless

I covenant not to sue any Released Party for matters within this waiver’s scope. If I (or my heirs/representatives) breach this covenant, I agree the waiver is a complete defense and that the Released Party is entitled to recover all costs and attorneys’ fees. I further agree to indemnify and hold harmless the Released Parties from any loss, liability, or expense arising from any claim asserted contrary to this waiver.

This release does not waive liability for intentional misconduct or gross negligence where such waiver is prohibited by law. Ordinary negligence claims are fully waived.

Binding Arbitration Agreement

1. Agreement to Arbitrate – Any dispute, claim, or controversy arising out of or relating to this waiver or my participation shall be resolved by final and binding arbitration, except for claims that cannot be arbitrated by law.
2. Procedures – Arbitration will be administered by a neutral arbitrator (or the American Arbitration Association if the parties cannot agree) in Mecklenburg County, North Carolina. North Carolina substantive law applies, and the arbitrator may award any relief available in court.
3. Waiver of Jury & Class Action – I waive the right to a jury trial and agree that disputes will be arbitrated only on an individual basis; no class or consolidated proceedings.
4. FAA Governs – This agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16.

Parental Consent and Minor Participant Provisions

If the participant is a minor (under 18):

1. I, the parent/guardian, have legal authority to sign and have explained the risks to my child.
2. I accept all terms above on my child’s behalf and warrant my child is physically fit.
3. I waive and release any claims my child or I may have against the Released Parties to the fullest extent permitted by law.
4. I covenant not to sue and agree to indemnify the Released Parties against any claim brought on my child’s behalf.

I understand North Carolina may not enforce a minor’s pre-injury waiver in every circumstance, yet I intend to grant the broadest lawful protection to the Released Parties.

Additional Provisions

1. Governing Law – This waiver is governed by North Carolina law.
2. Severability – If any portion is held unenforceable, the remainder remains in effect.
3. Continuing Effect – This waiver applies to all future Beach Elite participation until revoked in writing and accepted by Beach Elite.
4. Entire Agreement – This is the entire agreement on liability and risk; it supersedes prior discussions and may be modified only in a written document signed by both parties.

Understanding of Terms – I have read, understand, and voluntarily agree to all terms; I have had the opportunity to ask questions or consult counsel before signing.