RELEASE AND WAIVER OF LIABILITY ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (the “Release”) is made and given by the undersigned who is being admitted to enter the premises of Mid-Missouri Sports Park, a Missouri nonprofit corporation (“the Company”) located at 4180 E Broadway St, Columbia, Missouri 65201, which premises is used as an indoor gymnasium and training facility (the “Facility”).
The undersigned (herein, “Participant”) desires to enter the Facility. Participant acknowledges and agrees that this Release is required as a condition to entering and/or using the Facility. This Release shall be effective on the date of execution and delivery by Participant (or Guardian, as defined below, if applicable).
NOW, THEREFORE, Participant (and Guardian, if applicable), for himself or herself, his or her personal representatives, heirs, and next of kin, and in consideration for being permitted to enter and use the Facility to practice, train, teach, coach, compete, officiate, observe, work for or participate in any way in any events or activities being held in the Facility (the “Events”), or otherwise being permitted to enter for any purpose any area within the Facility, agrees to the following:
Acknowledgment by Participant. Participant acknowledges, agrees and represents that he or she has or will immediately upon entering the Facility, and will continuously thereafter, inspect any portion of the Facility which he or she enters and Participant further agrees and warrants that, if at any time, he or she feels any activity or condition within the Facility to be unsafe, Participant will immediately advise a representative of the Company of such and will immediately cease participating in such activity or any related Events and will vacate the Facility. Participant further acknowledges and represents that (a) Participant has read this Release and has been afforded the opportunity to confer or speak with an attorney; and (b) Participant shall at all times follow the rules and regulations for entry and use of the Facility, as the same may be established or modified by the Company, from time to time. Participant may be asked to leave the Facility at any time and for any reason.
Minor Consent. If Participant is under the age of eighteen (18) years old, the parent or legal guardian of Participant (in either event, the “Guardian”) must execute this Release on behalf of Participant prior to Participant’s entry and use of the Facility.
General Waiver and Release. Participant (and Guardian, if applicable), for himself or herself, his or her personal representatives, assigns, heirs and next of kin, hereby releases, waives, discharges and covenants not to sue, the Company or its members, owners, directors, managers, employees, agents, contractors, officials, and representatives, other participants using the Facility, rescue personnel, sponsors, and any Event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the Facility or the Events held therein, or their owners, directors, officers, agents, and employees (all of the persons herein referred to as the “Released Parties”) from any and all liability and obligation whatsoever, for any loss or damage to any person or property, and for any claims or demands therefor, on account of injury to any person or property or on account of any death of Participant arising out of or related to the Events or otherwise occurring in the Facility, whether caused by the negligence of the Released Parties or otherwise.
No Duty to Supervise. Participant understands that there is no security or emergency or medical personnel on duty at the Facility. Participant acknowledges that he or she is aware that the Company assumes no duty to have security or medical personnel supervise the activities of any participant, spectator, or any other individual within the Facility. The Company assumes no liability for the acts or omissions of any such individuals. Consumption of alcohol and drugs within the Facility is strictly prohibited. Participant will be asked to exit the Facility without refund if Participant is found or suspected of using alcohol or drugs during Events. Also, if Participant is behaving in a manner that might put others in danger, or is offensive to others, Participant will be asked to leave the Facility.
Indemnification by Participant. Participant hereby agrees to indemnify and save and hold harmless the Released Parties and each of them from any loss, liability, damage, or cost the Released Parties may incur arising out of or related to the Events or Participant’s use of the Facility, whether caused by negligence of the Released Parties or otherwise.
Assumption of Risk. Participant hereby assumes full responsibility for any risk of bodily injury, death or property damage arising out of or related to the Events whether caused by the negligence of Released Parties or otherwise.
Severability. If any provision of this Release is held invalid or unenforceable, such provision shall be severed and the balance of this Release shall remain valid and enforceable. Nothing contained herein shall be construed to require the commission of any act contrary to law, and where there is any conflict between any provision herein and any present or future statute, law, ordinance, or regulation contrary to which the parties have no legal right to contract, the latter shall prevail, but the provision of this Release affected shall be limited only to the extent necessary to bring it within the requirements of such statute, law, ordinance, or regulation.
Successors and Assigns. This Release shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Release.
Governing Law. This Release shall be construed under and in accordance with the laws of the State of Missouri. All claims related to this Release, or Participant’s use of the Facility, or any claims related thereto, shall be initiated and maintained only in State Courts of the State of Missouri located in Boone County, Missouri.
Entire Agreement. This Release constitutes the sole and only agreement of the Parties and supersedes any prior understandings or written or oral agreement between the Parties respecting the subject matter of this Agreement.
PARTICIPANT (OR ANY MINOR PARTICIPANT’S PARENT OR GUARDIAN) REPRESENTS AND WARRANTS THAT HE OR SHE HAS CAREFULLY READ THIS RELEASE, FULLY UNDERSTANDS ITS TERMS, UNDERSTANDS THAT PARTICIPANT HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAS SIGNED THE RELEASE FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, DURESS, ASSURANCE, OR GUARANTEE BEING MADE BY THE COMPANY OR THE FACILITY, AND INTENDS HIS OR HER SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
WAIVER OF JURY TRIAL
EACH PARTY TO THIS RELEASE, ON BEHALF OF SUCH PARTY AND SUCH PARTY’S HEIRS, PERSONAL REPRESENTATIVES, HEIRS AND ASSIGNS, HEREBY WAIVES ALL RIGHTS TO A JURY TRIAL UPON ANY CLAIM, DEMAND, ACTION, CAUSE OF ACTION, COUNTERCLAIM, SETOFF, DISPUTE OR DISAGREEMENT ARISING OUT OF THIS RELEASE, PARTICIPANT’S USE OF THE FACILITY, PARTICIPATION IN EVENTS AT THE FACILITY, OR FOR ENFORCEMENT OF ANY OF THE PROVISIONS OF THIS RELEASE, OR WHICH IS IN ANY MANNER OR WAY RELATED TO THIS RELEASE OR USE OR OPERATION OF THE FACILITY. TRIAL BY JURY ON ANY SUCH MATTERS SHALL BE AND THE SAME IS HEREBY WAIVED. THE PARTIES CONSENT TO A TRIAL AS TO ALL SUCH MATTERS IN A COURT TRIED, JUDGE TRIED CASE AND WAIVE ANY RIGHT TO A JURY.
PHOTO RELEASE
For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby grant Mid-Missouri Sports Park permission to use my likeness in a photograph in any and all of its publications, including but not limited to all of Mid-Missouri Sports Park's printed and digital publications.
I understand and agree that any photograph using my likeness will become property of Mid-Missouri Sports Park and will not be returned.
I acknowledge that since my participation with Mid-Missouri Sports Park is voluntary, I will receive no financial compensation.
I hereby irrevocably authorize Mid-Missouri Sports Park to edit, alter, copy, exhibit, publish or distribute photos taken within Mid-Missouri Sports Park for purposes of publicizing Mid-Missouri Sports Park's programs or for any other related, lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph.
I hereby hold harmless and release and forever discharge Mid-Missouri Sports Park from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.