Release of Liability and Indemnification Agreement/Assumption of Risk
|Name: Date of Birth:
| Email: (Emails are kept confidential & are used for newsletters)
In consideration of being permitted by Dartside, LLC to participate in its activities and to use its equipment and facilities, I hereby agree to release, indemnify and discharge Dartside, LLC, its agents, owners, partners, employees, volunteers, manufactures, participants, lessors, affiliates, landlord, its subsidiaries, related and affiliated entities, successors and assigns (the “released parties”), on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I understand that I will be held to a standard of conduct during participation in activities at Dartside, LLC. Failure to abide by the rules set forth and/or posted will result in expulsion from said activity without notice or warning and without refund. I also understand that I may decline to participate in any part of activity/activities at any time. I understand that if I refuse to participate, it does not constitute grounds for a refund. Further, I agree that I will not damage any equipment or facilities belonging to or provided by Dartside, LLC, either on or off the premises. I agree to pay for any and all expenses that might relate to the care and treatment of Dartside, LLC’s equipment for facilities.
2. By signing this waiver, I understand that I will be voluntarily engaging in an activity that may involve physical contact and the risk of serious injury, permanent disability, or death and may cause severe social or economic loss due to my or other player’s actions or inactions. I understand that such risks are inherent in my participation. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. By signing this waiver, I affirmatively state that I am aware that participation in this activity requires me to have sufficient physical capabilities and to be in reasonable physical condition and that I have said capabilities and am in sufficient physical condition to engage in and participate in said activities.
4. I hereby voluntarily release, forever discharge, and agree to defend, indemnify and hold harmless released parties from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Dartside, LLC equipment or facilities, including any such claims which allege negligent acts or omissions of the released parties.
5. Should Dartside, LLC or anyone acting on its behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
6. I certify that I personally have adequate insurance to cover any injury or damage that I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition that I may have.
7. In the event that I file a lawsuit against Dartside, LLC, I agree to do so solely in Davis County, state of Utah, and I further agree that the substantive law of Utah shall apply in that action without regard to the conflict of the law rules of the state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
8. I agree as an adult participant, or the Parent/Legal Guardian of a minor participant, in consideration of being permitted to participate at Dartside, LLC, grant Dartside, LLC, related and affiliated entities, partners, employees, agents, successors and assigns, the irrevocable right and permission to photograph and/or record for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction to alteration. I waive any right to inspect or approve the use of the photographed/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind. All Photographs and/or Recordings are the exclusive property of Dartside, LLC.
9. I agree that if the participant is a minor, this release of Liability and Assumption of Risk Agreement is made on behalf of that minor participant and that all of the releases, waivers and promises herein are binding on that minor participant. I represent that I have full authority as Parent or Legal Guardian to bind the minor participant to this agreement.
10. I agree that if the participant is a minor, I further agree to defend, indemnify and hold harmless Dartside, LLC from any and all claims or suits from personal injury, property, damage or otherwise which are brought by, or on behalf of the minor, which are in any way connected with such use or participation by the minor, including injuries or damages caused by the negligence of released parties or third parties, except injuries or damages caused by the sole negligence or willful misconduct of the party seeking indemnity.
By signing this document, I acknowledge that if anyone is hurt or property damaged during my participation in this activity, I may be found by a court of law to have waived my or the minor participant’s right to maintain a lawsuit against Dartside, LLC or any released parties on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.