ASSUMPTION OF RISK, WAIVER & RELEASE OF LIABILITY
As a parent or legal guardian (hereinafter referred to as the “Guardian”) of the child or children named below (hereinafter referred to as the “Guest” or “Guests”), I grant permission for said Guest(s) to participate in activities, programs, parties, and/or other functions at Clarke’s Cubs, LLC.
In consideration of being allowed entry and/or participation in the use of the facility, equipment, activities, or programs offered at Clarke’s Cubs, LLC (the “Facility”), I agree to the following terms and conditions:
• I represent that I am eighteen (18) years of age or older and am the legal parent or guardian of the Guest(s) named below, or that I have obtained permission from the legal parent or guardian to execute this agreement on their behalf.
• I acknowledge that all Guests entering Clarke’s Cubs, LLC must have paid admission for the day of attendance, have a completed waiver on file, and be accompanied by an adult at all times. An adult is defined as a person eighteen (18) years or older who is responsible for the Guest(s). Adults must remain in close proximity and maintain visual contact with the Guest(s) at all times.
• I represent that I, members of my party, and the Guest(s) are physically able to participate in the activities offered at the Facility.
• I acknowledge that participation in activities and use of equipment at Clarke’s Cubs, LLC is entirely voluntary and involves inherent risks, including but not limited to slips, falls, collisions, and injuries.
• I agree that all Guests and accompanying adults will comply with all posted safety signage, facility rules, and verbal instructions. I further agree to be financially responsible for any damage to the Facility caused by myself, my party, or my Guest(s), whether through willful action, negligence, or recklessness.
• I agree to refrain from unsafe, inappropriate, or aggressive behavior at all times. I agree to inspect the Facility and equipment prior to use and to immediately notify Clarke’s Cubs, LLC staff of any unsafe condition.
• I fully understand and voluntarily assume all risks, known and unknown, including risks arising from the actions or negligence of other Guests or Guardians.
• On behalf of myself and the Guest(s), I hereby release, waive, discharge, and hold harmless Clarke’s Cubs, LLC, its owners, officers, members, employees, agents, contractors, and affiliates from any and all claims, injuries, damages, liabilities, or causes of action arising from participation in Facility activities, whether occurring now or in the future.
• I agree that any dispute or claim arising from this agreement shall be resolved through binding arbitration conducted by a mutually agreed-upon qualified third party.
• I understand that Clarke’s Cubs, LLC reserves the right to revoke Facility access at any time without refund due to misconduct, unsafe behavior, or violation of this agreement. I acknowledge that the Facility may be monitored by video surveillance.
• I grant permission for the use of photographs or video recordings of myself and/or my Guest(s) taken during participation in activities for marketing, promotional, or media purposes, without compensation.
I acknowledge that I have carefully read this Assumption of Risk, Waiver, and Release of Liability Agreement. I understand that by agreeing, I am waiving certain legal rights, including the right to bring a lawsuit against Clarke’s Cubs, LLC. I confirm that I have had sufficient time to review this agreement and voluntarily agree to be legally bound by its terms.
This agreement shall be governed by the laws of the State of Montana. If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.