Waiver and Release of Liability
In consideration of Tru Playerz, L.L.C. (the "Company") furnishing services and/or equipment to enable me to participate in programs and activities of the Company, I agree as follows:
I fully understand and acknowledge that (a) risks and dangers exist in my/my minor child’s use of sports equipment and my/my minor child’s participation in sports activities; (b) my/my minor child’s participation in such activities and/or use of such equipment may result in my injury or illness, including but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, eye injury, blindness, heat stroke, heart attack, death or other ailments that could cause serious disability; (c) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of the Company, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes. These risks and dangers may arise from foreseeable and unforeseeable causes; and (d) by my/my minor child’s participation in these activities and/or the use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, employees of the Company or by any other person.
I willingly agree to comply with the stated and customary terms and conditions for participation in programs and activities of the Company. 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 Company official immediately.
I, on behalf of myself/my minor child, my personal representatives and my heirs, hereby voluntarily agree to release, waive, discharge, and indemnify the Company and its owners, agents, officers and employees against any losses and liabilities and from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise, which may arise out of my/my minor child’s use of sports equipment or my participation in sports activities. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have on my own behalf or on behalf of my minor child presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of the Company.
In further consideration of allowing me to participate in the aforementioned activities, I hereby agree to submit to binding arbitration any and all claims which I believe I may have against the Company. The arbitration shall be pursuant to the rules of the American Arbitration Association. The arbitrators shall apply the Federal Rules of Evidence to all proceedings. Arbitration shall be commenced within one year from the date on which any alleged claim first arose. Further, the arbitration shall be held in the state where the Company is located, unless otherwise mutually agreed to by all parties. The submission to the American Arbitration Association shall be unlimited and the arbitration award may be enforced by any court of competent jurisdiction.
I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE IT IS MY INTENTION TO EXEMPT AND RELEASE THE TRU PLAYERZ, L.L.C. FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.
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Document Name: Waiver and Release of Liability
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