I hereby certify that I am an adult parent or legal guardian of the minor participant stated on the signature portion of this form. The “Minor Participant” is under the age of eighteen years at the time of my signature, and I consent to his/her participation in any activities operated by Cactus Dodgeball.
- I recognize my responsibility to ensure that said Minor Participant participates only in those activities for which he/she has the required skills, qualifications, training and physical conditioning. I understand that Cactus Dodgeball shall have no responsibility to pay for medical treatment and related costs if said Minor Participant is injured. Knowing the risks described above, I agree, personally and on behalf of the Minor Participant named above, to assume all the risks and responsibilities surrounding my Minor Participant’s participation in Cactus Dodgeball’s events;
- FULLY UNDERSTAND that:
- (a) Dodgeball ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH (“RISK”);
- (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions or others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW;
- (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGES I incur as a result of my participation or that of the minor in the Activity;
- To the fullest extent allowed by law, I hold harmless and agree to indemnify Cactus Dodgeball, its owners, committee members, staff, volunteers, and, if applicable, owners and lessors of premises on which Cactus Dodgeball events are held, from and against any present or future claim, cause of action, loss or liability for injury to person or property, which said Minor Participant may suffer or for which said Minor Participant may be liable to any other person, related to said Minor Participant’s participation in Cactus Dodgeball activities, resulting from any cause whatsoever, and regardless of fault;
- CONSENT to the use of said Minor Participant’s image or likeness in fundraising or promotional material to be used by Cactus Dodgeball, its associates, affiliates, agents, sponsors, or representatives, and the general media. I freely and willingly waive all rights or claims to compensation for the use of said Minor Participant’s image or likeness. I irrevocably relinquish and give to Cactus Dodgeball all rights, title, and interest that I may have in Photograph(s), finished pictures, negatives, reproductions, and copies of the original prints and negatives of said Minor Participant;
- GRANT AUTHORITY to the staff and volunteers of Cactus Dodgeball to render a judgment concerning medical assistance or hospital care in the event of an accident or illness that renders said Minor Participant unable to make such judgments;
- HEREBY RELEASE, INDEMNIFY, HOLD HARMLESS (for said Minor Participant and on behalf of their heirs, executors, assigns, personal representatives, assigns, and next of kin) and agree not to sue Cactus Dodgeball, their officers, officials, members, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the Activity, with RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property associated with said Minor Participant’s presence or participation in any programs, events or activities of Cactus Dodgeball, including injury or damage to person or property, or to that of any other person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE to the fullest extent permitted by law;
- COVENANT to indemnify, defend, and hold Cactus Dodgeball harmless to the fullest extent permitted by law the Releasees from any loss or damages, including reasonable attorneys' fees and litigation expenses, which may be incurred by them in the event any such claims are asserted against them or any of them. I understand that medical claims for said Minor Participant is my responsibility;
- AGREE to be respectful to all Cactus Dodgeball members and acknowledge that if a Harassment claim is found to be valid, sexual and non-sexual alike, said Minor Participant will be banned from Cactus Dodgeball. Sexual Harassment is defined as any harassment based on a person’s sex, such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature, including offensive remarks about a person’s gender. Both males and females can be victims of sexual harassment. Prohibited behavior includes any behavior that creates an offensive environment. Complaints of harassment will be documented and investigated as soon as possible, and a resolution will be provided to the victim in writing within 30 days. Insofar as possible, complaints will be maintained confidential to prevent retaliation while the complaint is being researched and/or resolved. Cactus Dodgeball prohibits retaliation of any kind against an individual claiming harassment.
- INTEND that this Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law;
- AUTHORIZE my email address to be added to Cactus Dodgeball's mailing list. I permit them to contact me about their events and promotions;
- UNDERSTAND THAT this voluntary liability waiver form shall be in full force and effect at all times during said Minor Participant’s participation in Cactus Dodgeball activities of any kind or nature, and for whatever period I participate in said Activities, either continuously or from time to time, as the case may be.
I ACKNOWLEDGE THAT I HAVE READ THIS LIABILITY WAIVER FORM AND RELEASE OF LIABILITY, AND I FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT FREELY, KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS, ON BEHALF OF SAID MINOR PARTICIPANT. I UNDERSTAND AND AGREE THAT NO ORAL OR WRITTEN REPRESENTATIONS CAN OR WILL ALTER THE CONTENTS OF THIS DOCUMENT.