ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNIFCATION, AND PARENTAL CONSENT AGREEMENT
IN CONSIDERATION of being permitted to use Elite SoccerDome soccer fitness facility and equipment or participate in any Soccer game, training, open play, or private rental or classes, and/or conditioning session, class, program, instructions, or any other activity offered by Elite SoccerDome (“Activities”), I hereby acknowledge and agree to the following:
ACKNOWLEDGMENT AND ASSUMPTION OF RISK. I acknowledge and fully understand that I will be engaging in activities that involve known and unknown risks, hazards and danger, whether inherent or not, which could result in physical or emotional injury, or damage to myself, to property or to third parties. I understand these risks range from minor scrapes, strains, and bruises to more significant injuries suck as such as broken bones, eye injury, concussions, paralysis, serious impairment of future abilities to earn a living, or engage in other business, social and recreational activities and generally to enjoy life, and even death. I agree and represent that I am qualified, in good health, and in proper physical condition to participate in such activities and warrant that if at any time I believe conditions to be unsafe for myself or my child, I will immediately discontinue further participation in the Activity and notify Elite SoccerDome. By execution of this agreement, I fully assume all risks of injury or property loss that may occur in connection with my use of Elite SoccerDome facilities and equipment and/or participation in activities offered by Elite SoccerDome and assert that I am voluntarily participating in such activities. If I am signing on behalf of my child, then I am agreeing to have my child assume the risks of losses as stated herein.
RELEASE AND WAIVER OF LIABILTY. To the maximum extent allowable by law, I, on behalf of myself, my personal representatives, assigns, heirs and next of kin, hereby release Elite SoccerDome, its owners, operators, employees and agents from any responsibility, liabilities, demands or claims of any kind for injury, death or property loss suffered by me arising out of my use of Elite SoccerDome soccer fitness facility and equipment including without limitation, use of the bathrooms, parking area, sidewalk, or any of the facilities and equipment in Elite SoccerDome, or arising from my participation in any activity offered by Elite SoccerDome and hereby waive, discharge; and I agree not to sue or file any sort of claim or lawsuit against, or seek compensation for damages from, Elite SoccerDome, its owners, operators, employees and agents for demands, losses, or damages of any kind suffered by me arising out of my use of Elite SoccerDome soccer fitness facility and equipment or from my participation in any activity offered by Elite SoccerDome.
This waiver and release of liability includes, without limitation, all injuries which may occur as a result of: 1) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction;, 2) the sudden and unforeseen malfunctioning of any equipment; 3) our instruction, training, supervision, or dietary recommendations; 4) your slipping and/or falling while in the building, or on the premises, including adjacent sidewalks and parking areas; 5) contact with other participants; 6) the effects of the weather, including high heat and/or humidity; and all other such risks being known and appreciated by me.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Elite SoccerDome, its owners, operators, employees and agents. If I am signing on behalf of my child, then the release of liability contained in this section pertains both to causes of action, present and future, I may initiate on behalf of my child as well as any independent causes of action I may have relating to my child and the Releasees.
INDEMNIFICATION. I further agree that if, despite this ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNIFCATION, AND PARENTAL CONSENT AGREEMENT, I, or anyone on my behalf, makes a claim against Elite SoccerDome, its owners, operators, employees or agents, I will Indemnify, save, and Hold Harmless Elite SoccerDome, its owners, operators, employees or agents from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
CONSENT TO USE IMAGE AND LIKENESS. I agree that Elite SoccerDome may use my personal likeness (or that of my child) in the form of photography or videography, to promote or market Elite SoccerDome soccer fitness facility and activities and hereby waive my inherent right to personal privacy and/or otherwise applicable right to compensation or royalties for such use.
MISCELLANEOUS. If any portion of this release from liability shall be deemed by a court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect, and the offending provision of provisions severed here from. By signing this release, I acknowledge that I understand its content and that this release cannot be modified orally.
“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 INTENT IT TO BE A COMPLETE AND INCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATES EXTENT ALLWED BY LAW.”