1. Acknowledgment and Assumption of Risk: I, the undersigned Participant,acknowledge that participating in activities at TPS involves inherent risks,including but not limited to, the risk of injury, property damage, or even death. I understandthat these risks cannot be eliminated, and I voluntarily assume all such risks associatedwith my participation. Participant has not relied, and will not rely, on any statements orrepresentations from TPS, it’s coaches, employees, or owners, regarding thecondition or safety of the Facility or equipment provided within the Facility. Participantunderstands the nature and requirements of the Facility and represents that he/she isphysically able to participate in the activities at TPS.
2. Indemnification and Release of Liability: In consideration of being allowed to participatein activities at TPS, I hereby voluntarily agree to indemnify, defend, holdharmless, and release TPS, its coaches, employees, owners, affiliates,agents, and assigns from any and all claims, losses, injuries, damages, demands, real orpersonal property damage, costs, expenses, and liabilities of any kind or nature, whetherknown or unknown, suspected or unsuspected, arising out of or related to my participationin any activities at the Facility, including those arising from the negligence of TPS. I agree that I will not bring any claim, lawsuit, or legal action against TPS in any court or forum for any of the aforementioned claims or damages. I expresslywaive any such claims, including claims of negligence, to the fullest extent permitted bylaw
3. Responsibility for Property Damage: I acknowledge and agree that I am solelyresponsible for any damage to the Facility, its equipment, or any other property, whether owned, leased, or rented by TPS, caused by my actions or omissions. I agreeto pay for any such damage in full within 30 days of receiving an invoice or demand forpayment from TPS.
4. Code of Conduct: I agree to behave in a respectful and appropriate manner at all timeswhile at the Facility and to adhere to the rules and regulations established by TPS. I understand that TPS is committed to the health, safety, and welfareof its participants, staff, and members, and that any unreasonable, threatening, obscene,harassing, indecent, or illegal behavior will not be tolerated. TPS reserves theright to determine what constitutes unacceptable behavior and to take appropriate action,including but not limited to the immediate termination of my participation and membershipwithout refund.
5. Media Release: I consent to allow the use of my photograph, video or likeness by TPS for promotional purposes, including but not limited to use on the Facility'swebsite, brochures, social media platforms, or other media outlets. I understand and agreethat I will not receive any compensation for such use and that all images and videos willremain the property of TPS.
6. Electronic Signature and Consent: I agree to the use of electronic communication toenter into this binding agreement. I acknowledge that if I am entering this Agreement onbehalf of a minor Participant under the age of 18, I am the parent or legal guardian of theminor and have the legal authority to do so. I further acknowledge that no minor will beallowed to participate in any activities at TPS without a valid, electronicallysigned Agreement on file.
7. Medical Authorization: In In the event of an emergency, I authorize TPS, itscoaches, employees, or owners to seek qualified medical care on my behalf or on behalf ofthe minor Participant. I agree to be responsible for any and all medical expenses incurredas a result of any injury sustained while participating in activities at the Facility.
8. Entire Agreement: This Agreement contains the entire agreement between theParticipant and TPS and supersedes any prior written or oral agreementsbetween the parties concerning the subject matter of this Agreement. The provisions ofthis may be waived, altered, amended or repealed, in whole or in part, only upon priorwritten consent signed by all parties.
9. Severability: If any provision of this Agreement is found to be invalid, illegal, orunenforceable by a court of competent jurisdiction, such provision shall be deemedsevered from this Agreement, and the remaining provisions shall remain in full force andeffect.
10. Governing Law and Venue: This Agreement shall be governed by and construed inaccordance with the laws of the State of Utah, without regard to its conflict of lawsprinciples. Any disputes arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in Utah County, Utah, and the partieshereby consent to the jurisdiction and venue of such courts.
I, the participant has read, have carefully read and fully agree to the terms of this Agreement. Iunderstand and acknowledge that by signing this Agreement, which includes an Assumption ofRisk, Indemnification, Release, and Waiver of Liability, I am waiving significant legal rights,including the right to sue. I affirm that I am signing this Agreement freely and voluntarily, withoutany duress, coercion, inducement, promise, or guarantee of any kind.