GUEST AGREEMENT, RELEASE, AND ACKNOWLEDGEMENT OF RISK
In consideration of the services of Italia-America Bocce Club, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in capacity on their behalf (hereinafter collectively referred to as "IABC"), I hereby agree to release and discharge IABC, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that bocce ball entails known and unanticipated risks which could result in physical or emotional injury,paralysis, death or damage to myself, to property, or to third parties. I understand that such risks simply cannot beeliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: collision with other participants; unanticipated contact from balls or equipment;deflection of balls; falling down; my own equipment failure or the failure of other's equipment; my own or other'snegligence; objects or conditions on the landing surface that may cause me to fall; broken bones; sprains; head, neckand back injuries; abrasions; and bruises.
- I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in thisactivity and/or spectating this activity is purely voluntary, and I elect to participate and/or spectate in spite of the risks.
- I expressly agree and understand I am releasing IABC from claims arising from IABC’s own negligence.
- I hereby agree and release IABC from any liability for any damages, any injuries, and claims, including those from mynegligence, IABC’s negligence, or the negligence of other participants, members, spectators, volunteers, or anyoneelse on the premises of IABC.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless IABC from any and all claims,demands, or causes of action, which are in any way connected with my participation in this activity, my spectating anyevent on the facility; or my use of IABC's equipment or facilities, including such Claims which allege negligent acts oromissions of IABC.
- Should IABC or anyone acting on its behalf, be required to incur attorney's fees and costs to enforce this agreement, Iagree to indemnify and hold them harmless for all such fees and costs.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or elseI agree to bear the costs of such injury or damage to myself. I further certify that I have no medical or physical conditionswhich could interfere with my safety in this activity, or else I am willing to assume — and bear the costs of— all risksthat may be created, directly or indirectly, by any such condition.
- In the event that I file a lawsuit against IABC, I agree to do so solely in the state of Missouri, and I further agree that thesubstantive law of that state shall apply in this action without regard to the conflict of law rules of that state.
- I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain infull force and effect.
By signing this document, I agree that if anyone is hurt or property is damaged during my participation in this activity; watching this activity or while on IABC property, I may be found by a court of law to have waived my right to maintain a lawsuit against Italia-America Bocce Club on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
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