WAIVER OF LIABILITY, INDEMNIFICATION, AND MEDICAL RELEASE Acknowledgment
and Assumption of Risk
PART 1: I am aware of the dangers and the risks to my person and property involved WHILE I AM AT THE
PLAYIT! MULTI-SPORT COMPLEX, 2767 32ND AVE S, GRAND FORKS ND 58201.
PART 2: I understand WHETHER participating OR NOT in ANY activities or events organized or held at PLAYIT!
MULTI-SPORT COMPLEX (collectively, “PlayIT, PLAY IT, AND PLAY IT LLC”), PLAYIT (WHICH INCLUDES BY DEFINITION THE ENTIRE PREMISE AND/OR FACILITY WHETHER PARTICIPATING IN AN ACTIVITY OR NOT AND WHETHER A MEMBER OR NOT) IS potentially dangerous or hazardous TO BE IN AND that includes risks, including, but not limited to, the possibility of physical harm or injury, permanent disability, death and damage to property. I hereby expressly and specifically assume all risks, including, but not limited to, the risk of physical harm or injury, permanent disability, death and damage to property, associated with my USE OF PLAYIT, including, but not limited to, falls, contact with other participants, the conditions of the facility, and event locations, etc., all such risks being known and understood by me.
Participant shall be liable for or be required to pay for for special, punitive, exemplary, incidental, consequential or indirect damage to equipment whether by proper or improper use of equipment.
PART 3: I understand that, except as otherwise agreed to by the PLAYIT in writing, PLAYIT does not carry or maintain health, medical or dis-ability insurance coverage for any PERSON IN THE PLAYIT COMPLEX. Having read this WAIVER AND RELEASE OF LIABILITY (“WRL”), knowing, understanding and willing to assume the risks associated with USING PLAYIT, and in consideration of being permitted to USE PLAYIT , I, for my heirs, executors, administrators, legal representatives, assigns and any other person entitled to act on my behalf, as well as myself, hereby waive, release, forever discharge, hold harmless and covenant not to sue PLAYIT, its successors and assigns, its Director, employees, volunteers, agents, other participants and any other representative of PLAYIT (collectively, “Released Parties”) from any and all claims, demands, suits, judgments, damages, actions and liabilities, of every name and nature whatsoever, whenever occurring, whether known or
unknown, contingent or fixed, at law or in equity, which arise or may hereafter arise from my
USING PLAYIT. I understand and acknowledge that this WRL discharges the Released Parties from any liability or claim that I may have against the Released Parties with respect to any bodily injury, personal injury, illness, death or property damage that may result from my USE OF PLAYIT, whether or not caused by the negligence of the Released Parties. I understand that, except as otherwise agreed to by the PLAYIT.
PLAYIT does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health or disability insurance, in the event of injury or illness to myself caused in any part by my USE OF PLAYIT.
PART 4: I understand that, except as otherwise agreed to by PLAYIT in writing, PLAYIT does not carry or maintain health, medical or dis-ability insurance coverage for any USERS OR MEMBERS OF PLAYIT . Having read this WAIVER AND RELEASE OF LIABILITY (“WRL”), knowing, understanding and willing to assume the risks associated with my USE OF PLAYIT, and in consideration of being permitted to USE PLAYIT, I, for my heirs, executors, administrators, legal representatives, assigns and any other person entitled to act on my behalf, as well as myself, hereby waive, release, forever discharge, hold harmless and covenant not to sue PLAYIT, its successors and assigns, its Director, employees, volunteers, agents, other participants and any other representative of PLAYIT (collectively, “Released Parties”) from any and all claims, demands, suits, judgments, damages, actions and liabilities, of every name and nature whatsoever, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, which arise or may hereafter arise from my USE OF PLAYIT. I understand and acknowledge that this WRL discharges the Released Parties from any liability or claim that I may have against the Released Parties with respect to any bodily injury, personal injury, illness, death or property damage that may result from my USE OF PLAYIT, whether or not caused by the negligence of the Released Parties. I understand that, except as otherwise agreed to by PLAYIT, PLAYIT does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health or disability insurance, in the event of injury or illness to myself caused in any part by my USE OF PLAYIT.
PART 5: Except as otherwise agreed to by PLAYIT in writing, I hereby release and further discharge the Re-leased Parties from any claim whatsoever that arises or may hereafter arise on account of any first aid, treatment or service rendered in connection with my USE OF PLAYIT. I expressly agree that that this WRL is intended to be as broad and inclusive as permitted by the laws of the State of North Dakota, as applicable, and that this WRL shall be governed by and interpreted in accordance with the laws of the State of North Dakota, as applicable. I agree that in the event that any clause or provision of this WRL shall be held in-valid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this WRL which shall continue to be enforceable.
PART 6: I hereby grant permission to PLAYIT its successors, assigns, licensees, and legal representatives, the irrevocable right to use my name, picture, portrait or photograph on its website, social media, in electronic media, or in other printed publications or other forms of promotion without further consideration, and I acknowledge the PLAYIT’s right to crop or treat the photograph at its discretion, and waive my right to inspect or approve the finished product, including written copy, which may be created in connection therewith. I hereby grant and convey unto the PLAYIT all right, title and interest in any and all photographic images and video or audio recordings made by the PLAYIT during my USE OF PLAYIT, including, but not limited to, any royalties, proceeds or other benefits derived from such photographs or recordings. I also acknowledge that PLAYIT may choose not to use my photo at this time, but may do so at its own discretion at a later date. I also understand that once my image is posted on the PLAYIT’s website, the image can be downloaded by any computer user. Therefore, I agree to indemnify and hold harmless from any claims the following: PLAYIT, the photographer, their offices, employees, agents and designees, including league officers.
PART 7: In witness whereof, I have executed this Conduct Statement, Waiver and Release of Liability, and Photo and Electronic Media Release Waiver.