Little Lobsters

LITTLE LOBSTERS PARTICIPATION AGREEMENT, ASSUMPTION OF RISK, RELEASE AND MEDICAL AUTHORIZATION This Agreement is between Bayreuther Hockey Club LLC ("BHC") and the participant identified during registration (the "Participant"), together with the Participant’s parent or legal guardian ("Parent/Guardian"). This Agreement applies to the Participant’s involvement in the Little Lobsters program for the 2026–2027 season, including all regularly scheduled, rescheduled and makeup sessions. 1. ASSUMPTION OF RISK Ice hockey and skating are physical activities involving serious inherent risks and incidental contact. These risks include, but are not limited to: falling on the ice; collisions with other participants, coaches, goals, boards or glass; being struck by a puck, hockey stick, skate blade or other equipment; cuts, bruises, dental injuries, sprains, strains, fractures and dislocations; concussions and other head, neck or spinal injuries; overexertion, dehydration, exhaustion and medical emergencies; equipment failure or improper equipment fit; unsafe or unexpected actions by other participants; and, in rare cases, permanent disability or death. Risks also exist in and around hockey facilities, including locker rooms, benches, hallways, bleachers, entrances and exits, sidewalks and parking areas, and during travel to and from any facility or off-site event at which BHC activities take place. I understand that BHC cannot eliminate all risks associated with hockey, skating or use of the facility. I knowingly and voluntarily accept these risks on behalf of myself and, to the fullest extent permitted by law, the Participant. 2. RELEASE AND WAIVER OF LIABILITY In exchange for the Participant being permitted to participate, I, on behalf of myself and to the fullest extent permitted by law on behalf of the Participant, release, waive and discharge Bayreuther Hockey Club LLC; its owners, members, coaches, employees, independent contractors, volunteers and agents; the owners, operators and managers of facilities at which BHC activities take place; participating municipalities, sponsors and affiliated organizations; and each of their respective insurers, successors and assigns (collectively, the "Released Parties"). THIS RELEASE INCLUDES CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY, INCLUDING NEGLIGENT ACTS OR OMISSIONS RELATED TO INSTRUCTION, SUPERVISION, EQUIPMENT, FACILITY CONDITIONS OR EMERGENCY RESPONSE. I release the Released Parties from claims, demands, damages and causes of action, including my own claims for medical expenses, loss of services, loss of consortium and any other derivative claim arising from injury to the Participant, arising from injury, illness, death, property loss or property damage connected with the Participant’s participation in the Little Lobsters program, to the fullest extent permitted by Maine law. This release does not apply to gross negligence, reckless conduct or intentional misconduct and does not waive any right that cannot legally be waived. I agree not to bring, and not to assist any other person in bringing, any claim or lawsuit against a Released Party for any matter released by this Agreement. If I do so, I will pay the reasonable attorney’s fees and costs the Released Party incurs in enforcing this Agreement. 3. PARENT/GUARDIAN INDEMNIFICATION To the fullest extent permitted by law, I agree to indemnify and hold the Released Parties harmless from third-party claims, liabilities, losses or reasonable legal expenses resulting from my or the Participant’s intentional, reckless or wrongful conduct; a material violation of BHC safety rules or facility rules; or materially inaccurate or incomplete medical or emergency information supplied during registration. To the fullest extent permitted by law, I also agree to indemnify and hold the Released Parties harmless from any claim brought by or on behalf of the Participant, including any claim of ordinary negligence, and from any claim brought by any other person arising from injury to the Participant, together with the reasonable attorney’s fees and costs incurred in defending those claims. This section does not require me to indemnify a Released Party for that party’s gross negligence, reckless conduct or intentional misconduct. 4. MEDICAL INFORMATION AND AUTHORIZATION I confirm that the Participant is physically able to participate safely. I have disclosed in writing all relevant medical conditions, allergies, medications, physical limitations and other information that BHC should reasonably know in order to respond to an emergency or provide appropriate accommodations. If the Participant is injured or becomes ill and I cannot be reached promptly, I authorize BHC personnel to provide reasonable first aid, contact emergency medical services, arrange ambulance transportation and obtain emergency medical evaluation or treatment for the Participant. I understand that BHC does not guarantee that medical personnel will be present at every session. I accept financial responsibility for medical care and transportation provided to the Participant, subject to any applicable insurance coverage. 5. CONCUSSION AND HEAD-INJURY SAFETY I understand that concussions and other head injuries may occur even when appropriate equipment is worn. I agree that the Participant will not participate while experiencing symptoms of a possible concussion or another condition that could make participation unsafe. I will promptly report any suspected concussion or head injury to BHC. BHC may immediately remove the Participant from activity if a concussion or other significant injury is suspected. The Participant may not return to activity until the requirements of BHC’s return-to-play policy (made available during registration and incorporated into this Agreement by reference) have been satisfied, including written clearance from a qualified healthcare provider when requested or required. I understand that BHC’s coaches cannot diagnose a concussion or guarantee that every injury will be immediately recognized. 6. EQUIPMENT AND CONDUCT The Participant must wear properly fitted protective equipment required by BHC and the facility during every on-ice session. Required equipment includes, at minimum, a properly fitted certified hockey helmet, full facial protection, a neck-laceration protector, shoulder pads, elbow pads, protective gloves, hockey pants, shin guards, hockey skates and any other equipment required by BHC or the facility. The Participant will follow instructions from BHC coaches and staff and comply with all BHC and facility safety rules. BHC may prevent or discontinue participation if the Participant’s equipment, physical condition or behavior appears unsafe. Any refund will be determined according to BHC’s written refund policy (made available during registration and incorporated into this Agreement by reference). 7. COMMUNICABLE ILLNESS I understand that participation in group activities may expose the Participant to contagious illnesses. I agree not to bring the Participant to a session when the Participant has symptoms of a contagious illness or has been instructed by a healthcare provider to avoid group activities. 8. OPTIONAL PHOTO AND VIDEO AUTHORIZATION If I provide photo and video authorization during registration, I authorize Bayreuther Hockey Club LLC to photograph or record the Participant during BHC activities and to use those photographs or recordings on BHC’s website, social-media accounts and promotional materials without compensation. Providing this authorization is voluntary and will not affect the Participant’s ability to participate in Little Lobsters. BHC will make reasonable efforts to honor the selection made during registration but cannot guarantee that the Participant will never appear incidentally in the background of a photograph or recording taken in a public or shared facility. 9. GOVERNING LAW, VENUE AND SEVERABILITY This Agreement is governed by and construed in accordance with the laws of the State of Maine. Any claim or lawsuit arising out of or relating to this Agreement or the Participant’s participation in the Little Lobsters program must be brought exclusively in the state courts of the State of Maine sitting in Cumberland County or in the United States District Court for the District of Maine, and I consent to the personal jurisdiction of those courts. TO THE FULLEST EXTENT PERMITTED BY LAW, I WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH CLAIM OR LAWSUIT. If any provision is found invalid or unenforceable, that provision will be modified or severed only to the extent necessary. The remaining provisions will continue in full force and effect. This Agreement, together with the information supplied during registration and the BHC policies incorporated by reference, is the entire agreement between the parties concerning its subject matter and supersedes any prior oral or written statements. 10. TERM OF AGREEMENT This Agreement applies only to the Participant’s involvement in the Little Lobsters program during the 2026–2027 season, including regularly scheduled, rescheduled and makeup sessions. A new agreement may be required for a future season or a materially different BHC program. 11. ACKNOWLEDGEMENT AND ELECTRONIC SIGNATURE I confirm that I am the Participant’s parent or legal guardian and have authority to enter into this Agreement. I have carefully read and understand this Agreement. I have had the opportunity to review it with an attorney of my choosing before accepting it. I understand that it affects substantial legal rights, including the right to bring certain claims, and that a parent or guardian may not be legally permitted to waive every right belonging to a minor. I confirm that the information supplied during registration is accurate and complete, and I accept this Agreement voluntarily. By completing the electronic acceptance and signature process during registration, I intend to provide my legal signature and agree that my electronic signature has the same force and effect as a handwritten signature.