RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF LIKENESS AND INDEMNITY AGREEMENT
IN CONSIDERATION of access to and use of the futsal facilities, programs, and facilities located at The Forge Sports Center (4845 Tradewinds Parkway, Madison WI 53718); Verona Athletic Center (411 Prairie Heights Drive, Verona, WI 53593); 155 Braun Rd, Oregon, WI 53575; 4402 Femrite Drive, Madison, WI 53716; ("Facilities") offered through Madison Futsal LTD. (“Host”), EACH OF THE UNDERSIGNED, for himself/herself/themself, his, her, or their personal representatives, heirs, and next of kin:
1. HEREBY WARRANTS AND REPRESENTS that: (i) he, she, or they understands that the particular activities which he, she, or they may undertake at the Facilities may involve vigorous physical exercise and competition, including by way of example running, sports activities, repeated constant physical contact with others and balls, hard floor surfaces and goal nets and other equipment, and prolongued peak physical activity, as well as use of recreational equipment or other devices located at the Facilities (collectively, the “Activities”); (ii) he, she, or they understands that there are significant risks associated with participation in the Activities, including by way of example the possibility of serious injury or death caused by falling, exertion, physical activity, collisions, accident, or injury related to use of equipment or devices; (iii) he, she, or they understands that emergency care may not be immediately available in the event of an injury or health event during the Activities; and (iv) he, she, or they is in sufficient physical condition and is physically able to undertake all Activities, and has no disability, impairment or ailment preventing him, her, or them from active or passive exercise, or that will be detrimental to his, her, or their health, safety, comfort or condition if he, she, or they does so engage or participate.
2. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the Host and (as applicable) its/their owners, directors, officers, members, agents and employees, Facilities owners, or Activities sponsors or any of their respective owners, directors, officers, members, agents, and employees, all for the purposes herein collectively referred to as “Releasees,” FROM ALL LIABILITY, TO THE UNDERSIGNED, his, her, or their personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE ACTIVITIES OCCURRING WHILE AT THE FACILITIES, OR FACILITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE (BUT NOT INCLUDING INTENTIONAL OR RECKLESS ACTS OF THE RELEASEES).
3. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST he, she, or they may incur arising out of or related to THE ACTIVITIES OR FACILITIES WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE (BUT NOT INCLUDING INTENTIONAL OR RECKLESS ACTS OF THE RELEASEES).
4. HEREBY ACCEPTS THE RISK AND ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to THE ACTIVITIES OR FACILITIES whether caused by the NEGLIGENCE OF RELEASEES or otherwise (BUT NOT INCLUDING INTENTIONAL OR RECKLESS ACTS OF THE RELEASEES), and furthermore acknowledges, pursuant to the recreational activities statute, Wis. Stat. § 895.525, that he, she, or they has a responsibility to act within the limits of his, her, or their ability, to heed all warnings regarding participation in the recreational activity, to maintain control of his, her, or their person and any applicable equipment or devices, and to refrain from acting in any manner that may cause or contribute to death or injury for himself or herself or to other persons.
5. HEREBY acknowledges that prior to signing this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement, he, she, or they had the opportunity to contact a representative of the Host to discuss and/or bargain regarding any of the terms set forth herein.
6. HEREBY irrevocably grants to Host the right and permission, free from approval, review, compensation, or cost, to photograph, video and audio record him, her, or them while in the Facilities or participating in the Activities, and otherwise capture and use his, her, or their likeness including but not limited to public posting on the Internet or other media for promotional or any other purposes and that Host shall have all right, title, and interest in such material including all copyright and other intellectual property rights in the materials.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
If the above signatory is a minor: I HEREBY AGREE TO THE ENTIRETY OF THE FOREGOING IN MY INDIVIDUAL CAPACITY AS WELL AS PARENT OR GUARDIAN OF THE ABOVE SIGNATORY.
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