ASSUMPTION OF RISK, WAIVER AND INDEMNITY AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY
IN CONSIDERATION of the people listed below being permitted to enter into the
facilities offered by Mighty Sports Center and/or participate in any activities
at Mighty Sports Center, I, the undersigned, agree as follows:
1. The activities offered by Mighty Sports Center require strenuous exercise
and various degrees of skill. I understand that these Activities are extreme
sports. The Mighty Sports Center cannot ensure my (or my child(ren)’s) safety
and does not seek to eliminate all of the risks of the activities because they
contribute to the thrill of the activities. The risk of injury from the
activities involved is significant, including the potential for permanent
paralysis and death, and while particular rules, equipment, and personal
discipline may reduce this risk, the risk of serious injury does exist. I
understand the risks and danger of personal injury, disability and/or death to
me and/or the child(ren) listed below as a result of participating in the
activities offered by Mighty Sports Center. I assume all risk of damage and/or
injury to myself and the child(ren) listed below.
2. I confirm that I have studied and reviewed all related safety rule(s), video(s) and/or documentation(s) and I am fully familiar with them. I willingly agree to comply with the stated and customary terms and
conditions for participation. If however I observe any unusual significant
hazard during my presence or participation, I will remove myself from
participation and bring such to the attention of the nearest official
immediately.
3. I understand that both I and the child(ren) listed below may be unfamiliar
with the surroundings and activities at Mighty Sports Center facilities and
there may be risks, including property damage, bodily injury or death (“Risks”).
I understand that Mighty Sports Center, and its members, managers, directors,
officers, agents, employees, volunteers, and individuals acting on its behalf
(collectively, “Mighty Sports Center”) cannot and do not assume responsibility
for such Risks EVEN IF ANY SUCH RISKS ARE A RESULT OF ANY NEGLIGENCE OF MIGHTY
SPORTS CENTER TO THE FULLEST EXTENT PERMITTED BY LAW. I FULLY AND VOLUNTARILY
ACCEPT AND ASSUME ALL SUCH RISKS ON MY BEHALF AND ON BEHALF OF THE CHILD(REN)
LISTED BELOW.
4. IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, ON BEHALF
OF MYSELF, THE CHILD(REN) LISTED BELOW, MY FAMILY, HEIRS, ASSIGNS, AND PERSONAL
REPRESENTATIVE(S), I AGREE TO ASSUME ALL THE RISKS AND RESPONSIBILITIES
SURROUNDING THE ACTIVITIES OFFERED BY MIGHTY SPORTS CENTER. IN ADVANCE, I
RELEASE, WAIVE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE MIGHTY SPORTS CENTER,
THEIR OFFICERS, OFFICIALS, AGENTS AND/OR EMPLOYEES, OTHER PARTICIPANTS,
SPONSORING AGENCIES, SPONSORS, ADVERTISERS, AND IF APPLICABLE, OWNERS AND
LESSORS OF PREMISES USED TO CONDUCT THE ACTIVITIES (RELEASEES), FROM AND AGAINST
ANY AND ALL LIABILITY FOR ANY HARM, DAMAGE, CLAIM, DEMAND, ACTION, CAUSE OF
ACTION, COST OR EXPENSE OF ANY NATURE THAT I MAY HAVE, NOW OR IN THE FUTURE,
ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE OR INJURY, INCLUDING BUT NOT
LIMITED TO MEDICAL EXPENSES, SUFFERING OR DEATH, THAT MAY BE SUSTAINED BY ME,
THE CHILD(REN) LISTED BELOW OR ANY PROPERTY, WHETHER CAUSED BY ANY NEGLIGENCE OF
MIGHTY SPORTS CENTER AND/OR ITS AFFILIATES WITH REGARD TO ANY ACTIVITIES OR
FACILITIES AT THE EVENT TO THE FULLEST EXTENT PERMITTED BY LAW. IT IS MY EXPRESS
INTENT THAT THIS RELEASE SHALL BE DEEMED A RELEASE, WAIVER, DISCHARGE AND
COVENANT NOT TO SUE MIGHTY SPORTS CENTER, THEIR OFFICERS, OFFICIALS, AGENTS
AND/OR EMPLOYEES, OTHER PARTICIPANTS, SPONSORING AGENCIES, SPONSORS,
ADVERTISERS, AND IF APPLICABLE, OWNERS AND LESSORS OF PREMISES USED TO CONDUCT
THE ACTIVITIES (RELEASEES).
5. I AGREE TO SAVE AND HOLD HARMLESS, INDEMNIFY, AND DEFEND MIGHTY SPORTS
CENTER, THEIR OFFICERS, OFFICIALS, AGENTS AND/OR EMPLOYEES, OTHER PARTICIPANTS,
SPONSORING AGENCIES, SPONSORS, ADVERTISERS, AND IF APPLICABLE, OWNERS AND
LESSORS OF PREMISES USED TO CONDUCT THE ACTIVITIES (RELEASEES), FROM ANY CLAIM
BY ME, MY FAMILY, THE CHILD(REN) LISTED BELOW OR ANY OTHER PARTY ARISING OUT OF
OR IN ANY WAY CONNECTED TO INJURIES TO ME AND/OR THE CHILD(REN) LISTED BELOW
ARISING OUT OF THE AVTIVITIES AT MIGHTY SPORTS CENTER FACILITIES, INCLUDING, BUT
NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES INCURRED BY MIGHTY SPORTS CENTER IN
CONNECTION THEREWITH.
6. I agree that any controversy or claim arising out of or in any way
connected to injuries to me and/or the child(ren) listed below relating to the
activities at Mighty Sports Center facilities shall be settled by binding
arbitration administered pursuant to the American Arbitration Association
Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may
be entered in any court having jurisdiction thereof. I understand and agree that
this arbitration provision applies to any claims by me, my family, and/or the
child(ren) listed below.
7. I understand and agree that both I and the child(ren) listed below may be
photographed, videotaped, recorded on digital media, and/or interviewed for the
purpose of Mighty Sports Center promotional use.
8. I agree that my participation and/or the participation by the child(ren)
listed below in activities at Mighty Sports Center facilities is completely
voluntary. I certify that I’m over 18 years of age and have had an opportunity
to ask any and all questions regarding the terms of this Agreement. I HAVE READ
THIS DOCUMENT CAREFULLY, AND I ACKNOWLEDGE AND UNDERSTAND THE EFFECTS OF MY
ASSUMPTIONS, RESPONSIBILITIES, RELEASES, WAIVERS, AND INDEMNIFICATIONS.