Terms of use
WAIVER AND LIABILITY RELEASE
CoachIndex, LLC
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This Waiver and Liability Release must be agreed to before utilizing any of the services provided by CoachIndex. This Waiver and Liability Release is a legally binding contract between you and CoachIndex, so please read carefully. If you do not agree with these terms, do not register or use any of the services provided by CoachIndex.
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In consideration of agreement by CoachIndex, LLC, a Texas limited liability company (“CoachIndex”), to permit my son, daughter or other child for whom I am the legal guardian (“my child”), to participate in and access the Teacher/Coach Registry (“the Registry”), and as consideration for the right to participate in the Registry, I hereby, for myself, my heirs, executors, administrations, assigns, or personal representatives, knowingly and voluntarily enter into this Waiver and Liability Release and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation or my child’s participation in the Registry, and do hereby release and forever discharge CoachIndex, LLC, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I or my child may suffer as a direct result or indirect result of my participation in the aforementioned Registry.
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I hereby understand and acknowledge that CoachIndex provides a service to connect parents of school-aged children with prospective teachers, coaches and other instructors (“prospective instructor”) for their minor child. CoachIndex does not aid, monitor, or otherwise assist in any of the training or instructional sessions that occur between a child, parent or prospective instructor. CoachIndex does not hire or employ any of the prospective instructors. I further acknowledge and represent that if I anticipate hiring a prospective instructor for my child, I am fully responsible for conducting any necessary background checks, checking resources, interviewing, and monitoring/supervising any online or in-person lessons or communications between my child and the prospective instructor. I, on behalf of my child, hereby release, waive, discharge and covenant not to sue CoachIndex for any unlawful acts committed against myself or my child by any prospective instructor or instructor hired by me. I stipulate and agree that any instructor that I interview or retain to provide instruction to my child is an independent contractor of myself – not an agent, employee, officer or representative of CoachIndex.
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I, as the legal representative of the minor child benefitting from the use of the Registry, hereby release, waive, discharge and covenant not to sue CoachIndex and any of their officers, employees, and representatives, for all of the purposes referred to in this agreement, from all liability to my child, myself, my heirs, executors, administrations, assigns, personal representatives, or next of kin, for any and all loss or damage, and any claim or demands therefore on account of injury to the person or property of the myself or my child, whether or not resulting from the negligence, gross negligence, or misconduct of any person, resulting from any communications, conduct, or other acts performed by any prospective instructor. I am fully aware that my child’s participation in this Registry is totally voluntary. I further expressly acknowledge and assume the risk, on behalf of my child, of engaging in any activity, exercise, or other conduct as directed by any prospective instructor or hired instructor.
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I agree that this Waiver and Liability Release is intended to be as broad and inclusive as permitted by the laws of the State of Texas, and if any portion hereof is held invalid, it is agreed that the balance hereof shall, notwithstanding, continue in full legal force and effect.
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In agreeing to this Waiver and Liability Release, I hereby acknowledge and represent that I have read this entire document, that I understand its terms and provision, that I understand it affects my legal rights and those of my child (or children), that it is a binding agreement, and that I have agreed to the terms herein knowingly and voluntarily.
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In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, by that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
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By indicating my acceptance to the terms herein and utilizing the Registry, I understand that I have read and understand this Waiver and Liability Release. I am aware that by indicating my acceptance, I am waiving certain legal rights which I, my child (or children), my heirs, next of kin, executors, administrators, and assigns may have against CoachIndex.
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BY USING THIS WEBSITE, YOU ARE AGREEING TO THE TERMS OF THE WAIVER AND LIABILITY RELEASE.