AGREEMENT & WAIVER
AGREEMENT & WAIVER AND RELEASE OF LIABILITY
In consideration of being allowed to participate in any way in any of the athletic/sports programs and related activities, inflatable activities, and birthday parties (the “Permitted Activities”), with the following entities, the undersigned, as parent or guardian to the participant listed below, agrees to the following:
⦁ Releasees. The term “Releasees” shall mean “Phoenix / Anjon Building Materials, Inc.; Lottes Springs LLC; and Anjon Athletics LLC, and the foregoing’s respective administrators, directors, shareholders, members, agents, coaches, employees, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of the premises used to conduct an event; and other individuals participating in the Permitted Activities.
⦁ Inspection and Reporting of Unsafe Conditions. The undersigned shall, prior to participating, inspect the facilities and equipment to be used, and if he/she believes anything is unsafe, he/she will immediately advise his/her coach or supervisor of such condition(s) and thereafter refuse to participate, or to allow the Participant to participate, in any of the Permitted Activities.
⦁ Understanding and Assumption of Risk. The undersigned understands that, by participating, the Participant will be engaging in activities that involve risk of serious injury, including permanent disability, death, and severe social and economic losses which might result from his/her own actions, inaction, or negligence, the actions, inaction, or negligence of others, the rules of play, or the condition of the premises or of any equipment used. Further the undersigned understands that by participating in and engaging in the Permitted Activities provided by the entities herein, that communicable disease and diseases (including but not limited to the coronavirus/COVID-19, which participant acknowledges is believed to be extremely contagious and can be spread by various person-to-person contact, respiratory droplets, and contact with surfaces around infected persons) may be transmitted by contact with or close proximity to other participants or instructors/employees of the entities. The undersigned further understands that there may be other risks not known or reasonably foreseeable at this time. The undersigned assumes all the foregoing risks and accepts personal responsibility for damages which may hereinafter occur following such injury, permanent disability, or death.
⦁ RELEASE OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE UNDERSIGNED RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE RELEASEES from demands, losses, or damages on account of injury, illness, emotional distress, death, and potential exposure or actual exposure to communicable disease or diseases (including but not limited to coronavirus/COVID-19, other viruses, bacteria, and all other infectious pathogens and disease vectors), caused or alleged to be caused in whole or in part by the negligence of the Releasees. In addition to RELEASING THE RELEASEES AND ASSUMING THE RISK OF INJURY AND DAMAGES, the undersigned shall indemnify and hold harmless the Releasees as to any demands, losses, or damages on account of injury, illness, emotional distress, death, and potential exposure or actual exposure to communicable disease or diseases (including but not limited to coronavirus/COVID-19, other viruses, bacteria, and all other infectious pathogens and disease vectors) caused by the negligence of Releasees. This Agreement & Waiver and Release of Liability does not, however, apply to gross negligence or intentional torts by Releasees.
⦁ Health Insurance. The undersigned shall carry personal health insurance prior to participating in the Permitted Activities. The undersigned agrees that he/she will be financially responsible for any costs and expenses incurred as a result of medical treatment, including emergency medical treatment and/or transportation to a medical facility, in connection with my the Participant’s participation in the Permitted Activities.
⦁ Consent to Use Undersigned’s or Undersigned’s Child’s Image. The undersigned consents to and grants his/her permission for the Releasees to use the undersigned’s or the Participant’s image, even if the participant is a minor, on any reproduction for marketing purposes, including but not limited to brochures, banners, websites, social media, print, video, and billboards.
THE UNDERSIGNED HAS READ THE ABOVE AGREEMENT & WAIVER AND RELEASE AND UNDERSTANDS THAT HE/SHE HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING AND DOES SO VOLUNTARILY.