• TURF RENTAL WAIVER, RELEASE OF LIABILITY, AND UNSUPERVISED-FACILITY USE AGREEMENT

  • 319 Westtown Rd, West Chester, Pennsylvania 19382
  • IN CONSIDERATION OF the risk of injury that exists while participating in FIELD HOCKEY or SPORT ACTIVITIES and while using an unstaffed, unsupervised indoor turf facility (hereinafter the "Activity"); and IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same and to access the premises of XTREME HAWK LLC without supervision:
  • 1. Unstaffed and Unsupervised Facility

  • I ACKNOWLEDGE AND AGREE THAT THE FACILITY IS UNSTAFFED AND UNSUPERVISED DURING TURF RENTAL BOOKINGS. NO COACH, TRAINER, INSTRUCTOR, EMPLOYEE, VOLUNTEER, LIFEGUARD, ATHLETIC TRAINER, FIRST AID PROVIDER, OR OTHER PERSONNEL OF XTREME HAWK LLC IS PRESENT, ON CALL, OR MONITORING THE PREMISES IN REAL TIME DURING MY BOOKING. NO INSTRUCTION, SPOTTING, SUPERVISION, SAFETY CHECK, OR EMERGENCY ASSISTANCE OF ANY KIND WILL BE PROVIDED. I ENTER, REMAIN ON, AND USE THE PREMISES AND ALL EQUIPMENT ENTIRELY AT MY OWN RISK AND OF MY OWN FREE WILL.

    I further acknowledge that I am solely responsible for inspecting the turf, the equipment, and the premises before use; for determining whether they are safe and suitable for my intended use; and for stopping use immediately and leaving the premises if any condition appears unsafe. I agree to report any unsafe or damaged condition to Xtreme Hawk LLC at xtremehawkey@gmail.com the same day. Releasees have no duty to inspect, repair, or warn during any booking.
  • 2. Release and Waiver of Liability

  • I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity or my presence on the premises; and I HEREBY release and forever discharge XTREME HAWK LLC, located at 319 Westtown Rd, West Chester, Pennsylvania 19382, their affiliates, managers, members, owners, agents, attorneys, staff, volunteers, contractors, landlords, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury, death, or property loss that I may suffer as a direct or indirect result of the Activity, the condition of the premises or equipment, or the acts or omissions of other persons present.

    To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Xtreme Hawk LLC, its agents, and employees, including any claim that Releasees failed to supervise, staff, inspect, maintain, or warn.
  • 3. Assumption of Risk

  • I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY AND WITH UNSUPERVISED USE OF A SPORTS FACILITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, BEING STRUCK BY A BALL OR STICK, COLLISION WITH ANOTHER PERSON, EQUIPMENT, GOAL, NET, WALL, OR DOOR, SLIPS, TRIPS AND FALLS, OVEREXERTION, CARDIAC EVENTS, DELAYED DISCOVERY OF AN INJURY BECAUSE NO STAFF IS PRESENT, DELAYED EMERGENCY RESPONSE, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, FROM CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME.
  • 4. Indemnification

  • I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me, by anyone on my behalf, or by any person I bring onto or admit to the premises, including attorney's fees and any related costs.
  • 5. Medical Treatment, Insurance, and Fitness

  • In the event that I should require medical care or treatment, I authorize Xtreme Hawk LLC to provide or summon all emergency medical care deemed necessary, including but not limited to first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I agree to assume all costs involved and to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate unless I am medically able and properly trained, and I certify that I know of no medical condition that would make my unsupervised participation unsafe.
  • 6. Participants Under 18 Years of Age

  • I ACKNOWLEDGE THAT NO PARTICIPANT UNDER 18 YEARS OF AGE MAY BE LEFT AT THE FACILITY. A PARENT OR LEGAL GUARDIAN, OR AN ADULT OVER 18 DESIGNATED IN WRITING BY THE PARENT OR LEGAL GUARDIAN, MUST REMAIN PHYSICALLY PRESENT ON SITE AND SUPERVISE THE PARTICIPANT FOR THE ENTIRE BOOKING. DROP-OFFS ARE NOT PERMITTED. THE SUPERVISING ADULT IS SOLELY RESPONSIBLE FOR THE SUPERVISION, CONDUCT, AND SAFETY OF THE MINOR AT ALL TIMES.

    If the participant is under the age of consent (18 years of age), this release must be signed by a parent or guardian in the section below. I HEREBY CERTIFY that I am the parent or guardian of the participant named above, and do hereby give my consent without reservation to the foregoing on behalf of this individual, and I agree to be bound by this agreement personally and on behalf of the minor.
  • 7. Access Code, Entry, and Persons I Bring

  • The access code issued to me is confidential, is for my booked time only, and may not be shared, posted, resold, or used to enter the premises outside my booked hour. I will not prop, block, or disable any door, lock, alarm, or camera. I am responsible for every person who enters the premises during my booking, whether a player, guest, parent, or spectator, and I confirm that every participant has a signed waiver on file with Xtreme Hawk LLC. The number of participants may not exceed the number paid for in my booking, and may not exceed four (4) players, except where Xtreme Hawk LLC has agreed in writing in advance to a larger group of players who are all under 10 years of age, in which case the agreed number applies. I will vacate the premises and secure the door at the end of my booked hour.

  • 8. Facility Rules

    • No food, gum, or drinks other than water on the turf.
    • Appropriate athletic footwear only. No metal spikes, no street shoes.
    • Field hockey sticks and balls only, used as intended. No lifted or raised shots except into the goal or net.
    • Return all balls, cones, and the rebounder to their original positions before leaving. The goal stays where it is.
    • No alcohol, tobacco, vaping, controlled substances, or pets on the premises.
    • Coaches may book the turf and run their own sessions, including paid ones. The coach must sign this waiver, and so must every player they bring. The coach is responsible for their players for the whole booking, and the number of people on the turf may not exceed the number paid for.
    • No altering, moving, or disabling equipment, netting, lighting, heating, or cameras.
    • Turn off lights and lock the entrance door when leaving, unless the next booking has already arrived.
    • In an emergency, call 911 first, then email xtremehawkey@gmail.com.

    I agree that Xtreme Hawk LLC may cancel a booking or revoke access without refund for a violation of these rules.

  • 9. Damage to Equipment and Facilities

  • In the event that any damage to equipment or facilities occurs as a result of my actions or those of my family, my guests, or my agents, whether willful, negligent or reckless, I acknowledge and agree to be held liable for any and all costs associated with such damage, including repair, replacement, and cleaning.
  • 10. Video Surveillance

  • I acknowledge that the premises are monitored and recorded by video surveillance for security, safety, and incident investigation purposes, and I consent to that recording during my presence on the premises. I waive any claim arising from such recording. Recordings are retained by Xtreme Hawk LLC and are not used for any promotional purpose.
  • 11. Booking, Payment, and Cancellation

  • Payment is required to confirm a booking. A booking cancelled at least 24 hours before its start time is refunded to the original payment method, less a $5 processing fee. Bookings cancelled less than 24 hours before the start time are not refunded. If the participant is unable to enter the premises during the booked hour, Xtreme Hawk LLC will refund that booking in full upon being notified by email the same day. A booking is one hour for the number of players paid for. Setting up and putting the equipment away happen inside that hour, not after it.

  • 12. General Terms

  • I agree that this Release shall be governed for all purposes by Pennsylvania law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements. THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, INCLUDING THIS
  • INITIAL BOOKING AND ALL FUTURE BOOKINGS, SESSIONS, PRACTICES, TRAINING ACTIVITIES, PROGRAMS, EVENTS, OR ANY OTHER RELATED OR INCIDENTAL ACTIVITIES OF ANY KIND, WHETHER SUPERVISED OR UNSUPERVISED, ORGANIZED OR INFORMAL, AND WHETHER CONDUCTED BY, ON BEHALF OF, OR WITHOUT THE PRESENCE OF THE COACH OR ORGANIZATION, ON SITE OR OFF SITE.
  • THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant and Xtreme Hawk LLC agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
  • I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE XTREME HAWK LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION, AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST XTREME HAWK LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT, THAT IT CANNOT BE MODIFIED ORALLY, AND THAT I AM SIGNING IT OF MY OWN FREE WILL.
  • Is the participant under 18 years of age?*
  • PARTICIPANT

  • Date of Birth*
     - -
    2 digit month, 2 digit day, 4 digit year
  • Format: (000) 000-0000.
  • Format: (000) 000-0000.
  • Date Signed (MM/DD/YYYY)*
     - -
    2 digit month, 2 digit day, 4 digit year
  • PARENT OR GUARDIAN (REQUIRED IF PARTICIPANT IS UNDER 18)

  • Format: (000) 000-0000.
  • Date Signed (MM / DD / YYYY)
     - -
    2 digit month, 2 digit day, 4 digit year
  • Xtreme Hawk LLC | 319 Westtown Rd, West Chester, PA 19382 | xtremehawkey@gmail.com | Keep a copy of this signed agreement for your records.
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