Assumption of Risk & Liability Waiver * I, for myself or as the parent or guardian with legal responsibility of the minor child that plans to participate in the program’s activities, for valuable consideration given, the receipt and sufficiency of which is hereby acknowledged, do hereby acknowledge and agree as follows:
1. Acknowledgement of Inherent Risks of Participation.
I understand that the risk of injury from the activities involved in the program is significant, including the potential for serious personal injury, and while particular rules, equipment and personal discipline may reduce this risk, the risk of serious injury does exist.
2. Assumption of the Risks.
I acknowledge, understand, and appreciate the types of injuries inherent in the activities and knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the Releasees (as defined below) or others and assume full responsibility for my own/child’s participation.
3. Waiver & Release of Liability.
I, for myself and/or my child and spouse, and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release and hold harmless Sports & Beyond LLC, their officers, officials, agents and/or employees, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the activities (“Releasees”), with respect to any and all injury, disability, death or loss or damage to person or property incident to my or my child’s involvement or participation in these activities as provided above, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law.
4. Certification.
I certify that:
(i) I am at least 18 years of age or have reached the age of majority in the jurisdiction in which I live or reside;
(ii) I or my child will comply with the stated and customary terms, rules and conditions for participation;
(iii) I am, or my child is, in good physical condition and can participate in sports and related activities, and further agree and warrant that at any time I believe conditions to be unsafe, I will immediately discontinue further participation for myself or my child in the activity. If an emergency arises, I authorize the request and/or administration of medical treatment to myself, or my child, if and as necessary.
5. Indemnification.
I agree to hold harmless, defend, and indemnify the Releasees, defend and pay any costs, including damages awarded, investigation costs, reasonable attorney’s fees, and related expenses from any and all claims arising from my or my child’s participation in the activities. I further agree to hold harmless, defend, and indemnify the Releasees against any and all claims of co-participants, rescuers, and others arising from my and/or my child’s conduct in such activities.
6. Likeness and Image.
I also consent and agree that Sports & Beyond LLC (and their designees, if applicable) has the right to take photographs and video of myself or my child during activities. These photos and video may be used on the website and related social media pages, media releases, and promotional materials. I understand that neither I nor my child/ward will receive any compensation if such image appears in any of the manners listed above or any other manner that the organization deems appropriate. I agree that such image is the property of Sports & Beyond LLC. I understand that my/child’s/ward’s name and identity will not be revealed.
7. Acknowledgment and Understanding.
I acknowledge that I have read and understand this Assumption of Risk and Release of Liability. I acknowledge and understand that I am giving up substantial rights, including the rights of my child and spouse to sue for damages in the event of death, injury, or loss. I acknowledge that I am voluntarily agreeing to these terms, conditions, waivers and releases and intend this agreement to be a complete release of all liability, including that due to negligence by the Releasees, to the greatest extent allowed by applicable law; and that if any portion thereof is held invalid, the balance hereof shall, notwithstanding, continue in full legal force and effect.
8. Entire Agreement.
I confirm that this Assumption of Risk and Release of Liability supersedes any and all previous oral or written promises or agreements relating to the subject matter herein. I understand that this is the entire agreement regarding waiver and acceptance of risk and cannot be modified or changed in any way by representations or statements by any agent, employee or volunteer of Sports & Beyond LLC. I understand the foregoing Assumption of Risk and Release of Liability, and indemnification agreement is intended to be as broad and inclusive as permitted by applicable law.