LIABILITY WAIVER & INDEMNIFICATION AGREEMENT
I am the legal guardian and/or Parent of the below named child (“Participant”). I enter into this Liability Waiver and Indemnification Agreement (“Waiver”) on my behalf, my spouse’s behalf, the Child’s behalf (collectively, “Participants”), in exchange for the Participants being allowed to join in any way with the Rising Star Athletics program run by BAK, LLC (formerly known as Rising Star Athletics LLC) (“Company”) and any and all related events and activities of the Company (Activities).
I understand the nature of the Activities, the Participants’ experiences and capabilities, and I believe the Participants to be qualified to participate in all such Activities.
Participants are in good health and in proper physical condition to participate in all Activities.
I understand the serious risk of injury and illness to the Participants from the Activities, which may be caused by the negligence or actions or inactions of myself, those of others participating, the Company, the child, or the conditions of the event. Risk of Serious Illness includes but is not limited to all communicable diseases such as MRSA, influenza, and COVID-19 or any subsequent strains. Risk of Serious Bodily Injury includes but is not limited to permanent disability, paralysis, and death. Unknown Risks exists and there may be other risks either not known to me or not readily foreseeable at this time.
I understand that while there are rules, equipment, and/or personal discipline to help reduce the risks of serious injury and illness, that such risks do exist. The Participants agree to abide by all rules and terms.
I agree to immediately inform the Company in writing if any statements in this Waiver change throughout the course of the Participants’ participation in the Activities.
If at any time I believe any activity to be unsafe for any Participant, I will immediately discontinue the Participants’ participation in the Activities.
I fully accept and assume all such risks and all responsibility for losses, costs, and damages I incur as a result of my participation, my spouse’s participation, and the child’s participation in the Activities.
ASSUMPTION OF RISK. All Participants knowingly and freely assume all risks, both known and unknown, even if such risk or injury arises from the negligence of the Company or others, and the Participants assume full responsibility and liability for their participation in all Activities.
RELASE AND HOLD HARMLESS. All Participants release and hold harmless the Company from and against any damages, liabilities, claims, demands, or losses from all injuries, illnesses, disability, death, or loss or damages to person or property related to the Activities of the Company, whether arising from the negligence of the Company (including any and all negligence in any rescue operation) or otherwise, to the full extent permitted by law.
INDEMNIFICATION. All Participants hereby indemnify the Company from any and all liabilities, claims, demands, losses, or damages related to Participant(s)’ activities with the Company in any manner, even if such liability arose due to the negligence of the Company (including negligence in any rescue operations), to the full extent permitted by law. This applies to any claims made by the Participants or on behalf of the Participants. This indemnification includes but is not limited to all expenses, attorneys fees, loss liabilities, damages, or costs the Company incurs as a result of any such claim(s).
DEFINTIONS.
Participant. The Participant or Participants are the Child (or children) named below along with any other person associated with the child that is participating in any of the Activities of the Company. This includes but is not limited to the child’s parents and legal guardians.
Company. Company means BAK, LLC (formerly known as Rising Star Athletics LLC), dba Rising Star Athletics, and all of its employees, volunteers, owners, officers, managers, sponsoring agencies, sponsors, advertisers, other participants, owners and lessors of the premises used to conduct any Activity or any other person associated with the Company in any manner.
Activity. Activity or Activities means any event, meeting, competition, tournament, game, practice, or gathering of any kind associated with or involving the Company in any manner.
GENERAL.
Right to Attorney Review. The undersigned has had the opportunity to consult an attorney prior to signing this Waiver and has done so to the extent he or she desires.
Governing Law. This Waiver is to be governed under South Dakota Law, as amended from time to time.
Waiver. Failure by any party to enforce any right or seek to remedy any breach under this Wavier shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach.
Notices. All notices shall be in writing and delivered by electronic mail with confirmation of receipt, certified or registered mail return receipt requested, or overnight mail by recognized national carrier with delivery confirmation.
Attorneys’ Fees. If any party institutes any legal cause of action—including arbitration or mediation—against another party arising out of or relating to this Waiver, the prevailing party will be entitled to the costs incurred in conducting the cause of action, including reasonable attorneys' fees, expenses, and court costs.
Severability. If any provision or application of this Waiver to any person or circumstance shall be held by a court to be unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. Further, the Parties consent to allow the Court to reform the Waiver in a manner that most closely matches the Parties’ intent in entering this Waiver, which is to fully indemnify the Company from any and all risks and liabilities and prevent any suit or claim from having any effect on the Company.
Headings. The numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Waiver nor shall they be given any legal effect.
Entire Agreement. This Waiver contains a complete agreement between the Parties. Each of the Parties acknowledges that it has relied on its own judgment in entering into this Waiver and it has the authority to enter into this Agreement.
Digital Copies. The Parties agree that a digital copy of this Waiver shall have the same legally binding effect as an original ink copy. Further, the Parties agree that this Waiver may be signed electronically, and such electronic signature shall have the same legal effect as an original ink signature.
I AGREE THAT I HAVE READ THIS LIABILITY WAIVER IN FULL AND THAT I AGREE TO ALL TERMS, CONDITIONS, AND STATEMENTS. I UNDERSTAND THAT THE PARTICIPANTS ARE GIVING UP SUBSTANTIAL RIGHTS BY SIGNING BELOW AND THAT ALL PARTICIPANTS HAVE SIGNED FREELY AND VOLUNTARILY.