ACTIVITY RELEASE and WAIVER FORM
Read Carefully Before Signing
ANY PARTICIPANT OR PARTICIPANT GUARDIAN MUST AGREE TO THE FOLLOWING ACTIVITY RELEASE FORM
RELEASE / DISCLAIMER
I do hereby assume full responsibility for any and all damages, injuries (including death), or losses that I may sustain or incur, if any, while attending, engaging, practicing, participating or witnessing activity and/or certain event(s) occurring in or about the premises or at any offsite location. I hearby agree to hold harmless any and all coaches, directors, facilitators, trainers, players, or instructors for any physical injury, damage, or death. I hereby assume full risk, waive all claims and release and hold Top Notch Lacrosse LLC, City of Kyle Parks & Recreation, Gregg-Clarke Park, individually or otherwise, harmless for any and all liability, claims, suits, damages, expenses, fees, actions, or rights of action or judgments as a result of injury or death to myself or members of my family or heirs, or my guests, or damage, destruction or loss to my property, which in any way relates to, arises out of, or is in any way connected with my presence on the premises, or my participation in events of activities thereon, or the negligent acts or omissions of the releases or any other third party.
I agree to wear all protective equipment required while participating in the activity, and I am fully aware and understand that Top Notch Lacrosse LLC, City of Kyle Parks & Recreation, Gregg-Clarke Park does not have on or about the premises, or employ or contract with any medical services, provisions for ordinary or emergency medical services.
TOP NOTCH LACROSSE LLC WAIVER
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, PHOTOGRAPHY, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT
IN CONSIDERATION of being permitted to participate or observe in any way, of or in the programs, games or activities with Top Notch Lacrosse LLC, City of Kyle Parks & Recreation, Gregg-Clarke Park with myself, my family, my guests, my coach, trainer, team, ETC. I, for myself for personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, agree, and represent that I understand the nature of the sports or activities I, or anyone I am responsible for, am/are engaging in and that I (we) am/are qualified, in good health, and in proper physical condition to participate in such Activity. I (we) further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
2. I FULLY UNDERSTAND THAT: (a) ANY SPORT, EXCERCISE AND ACTIVITY THAT INCORPORATES EVEN MINIMAL PHYSICAL EXERTION OR BODILY MOVEMENT INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH ("RISKS"); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be OTHER RISK AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activity.
3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE [Top Notch Lacrosse LLC, City of Kyle Parks & Recreation, Gregg-Clarke Park], their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owner and lessors of premises on which the Activity takes place, (each considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS ) ANY AND ALL CLAIMS RESULTING FROM THE DAMAGE TO, LOSS OF, OR THEFT OF PROPERTY AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
[Top Notch Lacrosse LLC, City of Kyle Parks & Recreation, Gregg-Clarke Park]
Upon signing this Agreement and forever thereafter, you (Buyer/Member/Guest/Player/Participant/Observer, each additional member and all guests) agree that if you engage in any physical exercise or activity, use of facility, or are present on the premises, you do so at your own risk and assume the risk of any and all injury and/or damage you might sustain, regardless of whether such injury or damage arises out of or during physical exercise. Your assumption of risk includes but is not limited to your use of any equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, stairs, pool, whirlpool, sauna, steam room, racquet courts, lobby area, or any other part or item in or around the facility. You agree to assume the risk of your participation in any activity, class, program, instruction, or Club-sponsored event. You agree that you are voluntarily participating in the aforementioned activities and assume all risk, known and unknown, associated with using the facilities, equipment and premises including, without limitation, any loss or theft of any personal property. You agree on behalf of yourself (and your spouse, all your, children, personal representatives, heirs, executors, administrators, agents, and assigns) to forever release and discharge Club and our owners, employees, agents, representatives, affiliates, successors, and assigns from any and all claims or causes of action (known or unknown) arising out of the negligence of the facility, whether active or passive, or that of any of its affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any equipment or facilities which may malfunction or break, (b) improper maintenance of any equipment or facilities, (c) negligent instruction or supervision, including personal training, and (d) you slipping and falling while at the facility or any portion of the premises for any reason, including Top Notch Lacrosse LLC, City of Kyle Parks & Recreation, Gregg-Clarke Park negligent inspection or maintenance of its facility. By executing this Agreement, you hereby agree to indemnify and hold harmless Top Notch Lacrosse LLC, City of Kyle Parks & Recreation, Gregg-Clarke Park from any loss, liability, damage, or cost Top Notch Lacrosse LLC, City of Kyle Parks & Recreation, Gregg-Clarke Park may incur due to your presence at the facility. You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the law of the state in which this agreement is entered into, and that if any portion of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that the Top Notch Lacrosse is designed to and does offer a service to its participants/members encompassing the entire lacrosse spectrum. Top Notch Lacrosse LLC is not in the business of selling, leasing or otherwise placing into the stream of commerce equipment, exercise equipment, or other such products, and the use of any such items is incidental to the service provided by Top Notch Lacrosse LLC. Top Notch Lacrosse LLC, City of Kyle Parks & Recreation, Gregg-Clarke Park will not spam, give or sell you or your family members personal information to any third party other sites, companies, or software(s) outside of Top Notch Lacrosse LLC internal software(s).
I, the minor’s parent and/or legal guardian, understand the nature of sports or activities that incorporate even minimal physical exertion or bodily movement involve risks and dangers of serious bodily injury, including permanent disability, paralysis, and death; and further
I, understand the minor’s experience and capabilities and believe the minor to be qualified, in good health, and in proper physical condition to participate in such activity. I hereby release, discharge, covenant not to sue, and agree to indemnify and save and hold harmless each of the releasee’s from all liability claims, demands, losses, or damages on the minor’s account caused or alleged to be caused in whole or in part by the negligence of the "releasees" or otherwise, including negligent rescue operation any and all claims resulting from the damage to, loss of, or theft of property and further agree that if, despite this release, I, the minor, or anyone on the minor’s behalf makes a claim against any of the releasees named above, I will indemnify, save, and hold harmless each of the releasees from any litigation expenses, attorney fees, loss liability, damage, or cost any may incur as the result of any such claim.
I HEREBY AGREE TO ALLOW Top Notch Lacrosse LLC, City of Kyle Parks & Recreation, Gregg-Clarke Park TO RECORD AND PUBLISH PHOTOS AND VIDEOS (INCLUDING AUDIO) OF MYSELF FOR THE PURPOSE OF PROMOTING HILL COUNTRY INDOOR LP AND FOR DOCUMENTING AND/OR REPORTING EVENTS AND ACTIVITIES. I UNDERSTAND PHOTOGRAPHS, VIDEO AND/OR AUDIO TAPE RECORDINGS TO BE TAKEN OF MYSELF AND/OR FAMILY MEMBERS AT PRACTICE, DURING COMPETITION, RECREATIONAL PLAY, AS WELL AS OTHER Top Notch Lacrosse LLC, City of Kyle Parks & Recreation, Gregg-Clarke Park RELATED EVENTS. I UNDERSTAND THAT THIS MEDIA WILL BE PRODUCED AND USED FOR PROMOTIONAL PURPOSES, AND I AUTHORIZE Top Notch Lacrosse LLC, City of Kyle Parks & Recreation, Gregg-Clarke Park TO USE MY/OUR PHOTOGRAPH, VIDEO AND/OR AUDIO RECORDING ON ITS WEBSITE AND SOCIAL MEDIA PLATFORMS, SUCH AS FACEBOOK, TWITTER, YOUTUBE, INSTAGRAM AND PINTEREST, ETC., AS WELL AS OTHER OFFICIAL PRINTED PUBLICATIONS WITHOUT FURTHER CONSIDERATION. IN ADDITION, I ACKNOWLEDGE Top Notch Lacrosse LLC, City of Kyle Parks & Recreation, Gregg-Clarke Park RIGHT TO CROP OR TREAT THE MEDIA AT ITS DISCRETION, AND I ALSO ACKNOWLEDGE THAT Top Notch Lacrosse LLC, City of Kyle Parks & Recreation, Gregg-Clarke Park MAY CHOOSE NOT TO USE MY/OUR IMAGE AT THIS TIME, BUT MAY DO SO AS ITS OWN DISCRETION AT A LATER DATE. I ALSO UNDERSTAND THAT ONCE I, OR MY FAMILY MEMBERS, IMAGE(S) HAVE BEEN CAPTURED, THEY MAY BE POSTED ON Top Notch Lacrosse LLC, City of Kyle Parks & Recreation, Gregg-Clarke Park WEBSITE OR SOCIAL MEDIA PLATFORMS, THE IMAGE CAN BE DOWNLOADED BY ANY COMPUTER USER ON OR OFF THE PREMISES. THEREFORE, I AGREE TO INDEMNIFY AND HOLD HARMLESS FROM ANY CLAIMS THE FOLLOWING:
- Top Notch Lacrosse LLC, City of Kyle Parks & Recreation, Gregg-Clarke Park COACHES AND OTHER TEAM MEMBERS
- Top Notch Lacrosse LLC, City of Kyle Parks & Recreation, Gregg-Clarke Park EMPLOYEES
Top Notch Lacrosse LLC, City of Kyle Parks & Recreation, Gregg-Clarke Park ALSO RESERVES THE RIGHT TO DISCONTINUE USE OF PHOTOS WITHOUT NOTICE.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND
UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. YOU ARE AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST Top Notch Lacrosse LLC, City of Kyle Parks & Recreation, Gregg-Clarke Park FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS PREMISES. YOU HAVE READ AND VOLUNTARILY SIGNED THE WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAS BEEN MADE. YOU AGREE, FOR YOURSELF AND YOUR SPOUSE, CHILDREN, SUCCESSORS, HEIRS AND ASSIGNS, THAT THE ABOVE REPRESENTATIONS ARE CONTRACTUALLY BINDING, AND ARE NOT MERE RECITALS, AND THAT SHOULD YOU OR YOUR SUCCESSORS ASSERT ANY CLAIM IN CONTRAVENTION OF THIS AGREEMENT, THE ASSERTING PARTY SHALL BE LIABLE FOR THE EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) INCURRED BY THE OTHER PARTY OR PARTIES IN DEFENDING AGAINST ANY SUCH ACTION. ***PARTICIPANT'S Signature (only if age 18 or over), otherwise Legal Guardian's Signature:
I HAVE READ AND FULLY UNDERSTAND THE ABOVE RELEASE/WAIVER AND FULLY UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS WAIVER VOLUNTARILY.