Liability Waiver, Release, and Assumption of Risk Agreement
The Berkshires Cup 2026
1. Parties
This Agreement is entered into by the undersigned participant ("Participant") and the Dr. Deborah Salmon Foundation, a Massachusetts nonprofit organization ("DSF"), in connection with participation in The Berkshires Cup 2026 soccer tournament ("Tournament"), held on September 26, 2026 and October 3, 2026 at Berkshire Community College Turf Field, Berkshire Community College, 1350 West Street, Pittsfield, Massachusetts 01201.
2. Assumption of Risk
Participant acknowledges that participation in the Tournament involves inherent risks of injury, harm, and loss, including but not limited to:
- Bodily injury from physical contact with other players, the ball, goalposts, and field equipment
- Falls, collisions, and impacts with artificial turf surfaces
- Concussion, head trauma, or traumatic brain injury
- Sprains, fractures, dislocations, lacerations, and musculoskeletal injuries
- Cardiovascular events, heat exhaustion, or heat stroke
- Injury resulting from weather conditions
- Injury caused by the negligence of other participants, spectators, or third parties
- Any other risk inherent to outdoor sport activities
Participant voluntarily and knowingly assumes all such risks, whether known or unknown, foreseen or unforeseen, arising from participation in the Tournament.
3. Release of Liability
In consideration of being permitted to participate in the Tournament, Participant, on behalf of themselves and their heirs, personal representatives, assigns, and next of kin, hereby fully and forever releases, discharges, and holds harmless the Dr. Deborah Salmon Foundation, its officers, directors, employees, volunteers, agents, successors, assigns, sponsors, and Berkshire Community College (collectively, "Released Parties") from any and all claims, demands, actions, causes of action, damages, losses, costs, and expenses of any kind, including personal injury, death, property damage, and economic loss, arising out of or in any way connected with Participant's participation in the Tournament, whether caused by the negligence of the Released Parties or otherwise.
4. Covenant Not to Sue
Participant agrees not to institute any legal action, claim, or proceeding against any Released Party arising out of or related to participation in the Tournament. If Participant breaches this covenant, Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, attorneys' fees, damages, and liabilities incurred as a result of such action.
5. Indemnification
Participant agrees to indemnify and hold harmless the Released Parties from any loss, liability, damage, cost, or expense (including reasonable attorneys' fees) that the Released Parties may incur arising out of or in connection with: (a) any breach by Participant of this Agreement; (b) any claim brought by Participant or on Participant's behalf arising from participation in the Tournament; or (c) any act or omission of Participant during the Tournament.
6. Medical Authorization
In the event that Participant suffers injury or illness during the Tournament and is unable to communicate, Participant hereby authorizes DSF representatives and tournament officials to consent to emergency medical treatment on Participant's behalf. Participant agrees to be solely responsible for all costs associated with any such medical treatment. DSF assumes no financial responsibility for emergency medical services.
7. Media Release
Participant grants the Dr. Deborah Salmon Foundation a perpetual, royalty-free license to photograph, film, record, and reproduce Participant's image, voice, and likeness in connection with the Tournament, and to use such media for promotional, educational, fundraising, and reporting purposes including but not limited to social media, websites, print materials, and press releases. Participants who do not consent to media use must indicate this below; refusal does not affect eligibility to participate.
8. Rules and Conduct
Participant confirms they have read and agree to abide by the Official Tournament Rules of The Berkshires Cup 2026. Participant understands that violation of the rules or conduct standards may result in removal from the Tournament without refund.
9. Governing Law & Severability
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. The parties agree that any dispute arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of Berkshire County, Massachusetts. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
10. Electronic Signature
Participant acknowledges and agrees that their electronic signature on this form constitutes a legally binding signature pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., and the Massachusetts Uniform Electronic Transactions Act (M.G.L. c. 110G). Participant's typed name, IP address, and timestamp will be recorded and retained as evidence of execution.
11. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior oral or written understandings. Participant acknowledges they have read this Agreement in its entirety, understand its terms, and are signing it freely and voluntarily without duress or undue influence.