Acknowledgment of Risk:
I, the undersigned, acknowledge and agree that participation in activities at The Train Yard, operated by Fusion Sports LLC (hereinafter referred to as "the Facility"), involves inherent risks, including but not limited to physical injury, property damage, and other potential hazards. I understand and accept that these risks cannot be eliminated without compromising the essential qualities of the activity. I further acknowledge that the nature of the activities may be hazardous and that I, or the minor participant, may suffer serious injury or even death as a result of participation.
Assumption of Risk:
I hereby assert that my participation, or the participation of the minor, is voluntary and that I knowingly assume all such risks, both known and unknown, even if arising from the negligence of the Released Parties or others, and assume full responsibility for my participation or the participation of the minor.
Release of Liability:
In consideration of being permitted to participate in activities at the Facility, I, on behalf of the minor, myself, my heirs, executors, administrators, and assigns, hereby release, waive, discharge, and covenant not to sue Fusion Sports LLC, its owners, officers, employees, agents, and representatives (collectively referred to as "the Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by the minor or their property while participating in such activities or while on the premises of the Facility, whether caused by the negligence of the Released Parties or otherwise.
Indemnification:
I further agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney's fees, brought as a result of the minor's involvement in activities at the Facility and to reimburse them for any such expenses incurred.
Medical Treatment:
I hereby authorize the Released Parties to secure medical treatment for the minor in the event of an emergency. I understand that I am solely responsible for any medical expenses incurred as a result of such treatment. I further agree to indemnify and hold harmless the Released Parties from any claims, causes of action, damages, and liabilities arising out of or resulting from such medical treatment.
Photo/Video Release:
I grant the Released Parties permission to use the minor's likeness in photographs and/or videos for marketing and promotional purposes without any form of compensation. I understand that these materials may be used in various media formats including, but not limited to, print, digital, and social media platforms.
Governing Law:
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. Any legal action or proceeding arising under this agreement shall be brought exclusively in the federal or state courts located in Worcester County, Massachusetts.
Severability:
I agree that if any provision of this agreement is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect. If any provision of this agreement is deemed to be invalid or unenforceable, such provision shall be modified to the extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.