Waiver
ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY, IDEMNIFICATION, AGREEMENT AND COVENANT NOT TO SUE
In CONSIDERATION of being permitted to participate in any way in the training, events, programs and activities (“Activity”) operated, sponsored, associated, or hosted by Grand Park Sports & Entertainment ("GPSE") located at 19000 Grand Park Boulevard, Westfield, IN 46074, I, for myself and my personal representatives, assigns, heirs, and next of kin acknowledge and agree that:
1. ACKNOWLEDGE that the risk of injury from training, event and activities (“Activities”) at Grand Park Sports & Entertainment is significant, including potential for permanent paralysis and death, while particular training, skills, equipment, and personal discipline reduce this risk, the risk of serious injury does exist. I KNOWLINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM NEGLIGENCE OF THE RELEASEES (as defined below) or others, an assume full responsibility for my participation in Activities at GPSE.
2. RECOGNIZE AND ACCEPT that despite such risks, I willingly agree to participate in Activities at GPSE and comply with the terms and conditions for participation in Activities at GPSE, which I acknowledge receiving and understanding completely. If I observe an unusual, significant hazard during my presence or participation, I will remove myself from participation and will notify GPSE of such hazard immediately.
3. FULLY ACCEPT AND ASSUME ALL RISKS and all responsibility for losses, costs, and damages I incur as a result of my participation in the Activity.
4. CERTIFY that I am physically and mentally fit to participate in Activities at GPSE and have not been advised by a qualified medical professional not to participate in any Activities such as those offered at GPSE. I certify that there are no health-related reasons or problems which preclude my participation in the Activities or event and have disclosed to GPSE any underlying medical conditions.
5. CONSENT TO MEDICAL TREATMENT which may be deemed advisable by GPSE in the event of injury, accident, and/or illness during my participation in Activities at GPSE. I agree that I will not hold the Releasees responsible for any claims resulting from any medical treatment I receive. I certify that I currently have medical/health insurance to cover any injuries that I may sustain during my participation in Activities at GPSE.
6. RELEASE, WAIVE, AND DISCHARGE ANY AND ALL CLAIMS that I or my heirs, assigns, personal representatives, and next of kin, may have or in the future against GPSE and it officers, directors, employees, contractors, subcontractors, sponsors, suppliers, national organizations or associations, representatives, agents, affiliates, insurers, successors and assigns; other participants, teams, sponsors, and advertisers of the Activities at GPSE; and if applicable, owners and lessors of the premises used by GPSE (collectively the “Releasees”) for any liability, expenses, loss or damage to person or property, injury, death or disability suffered from or in connection with presence or participation in the Activities at GPSE due to any cause whatsoever, INCLUDING ON THE PART OF THE RELEASEES. I HEREBY AGREE NOT TO SUE OR MAKE CLAIMS AGAINST THE RELEASEES AND GIVE UP ALL MY RIGHTS TO DO SO.
7. AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS each of the RELEASEES WITH RESPECT TO ANY AND ALL LIABILITY, INJURY, DISABILITY, DEATH or loss or damage to person or property, or expenses of fees (including reasonable attorney’s fees) associated with my presence or participation in the Activities at GPSE, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
8. AGREE THAT THIS DOCUMENT contains the entire agreement between the undersigned and GPSE concerning its subject matter. This Agreement supersedes any prior agreements or understandings between Participant or Parent and GPSE concerning the subject matter if this Agreement and will remain in effect and unless and until terminated or replaced by a new written agreement.
9. AGREE THAT THIS DOCUMENT and any disputes arising out of or related to participant’s involvement in Activities at GPSE or this agreement shall be governed by, construed and enforced in accordance with the laws of the State of Indiana without regard to conflict of law principles. Jurisdiction and venue for any disputes arising out of or related to Participant’s involvement in Activities at GPSE or this Agreement shall be exclusively in the Court of Hamilton County or the U.S. District Court for the Southern District of Indiana.
10. If any provision of this Release of Liability, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of it requiring any steps, actions or results, the remaining parts or portions of this Release shall remain in full force and effect.
NAME, IMAGE, AND LIKENESS
I hereby grant permission to Grand Park Sports & Entertainment and its affiliates, agents, representatives, sponsors, and media partners to use participant name, image, likeness, voice, photograph, video footage, and/or other representations of participant (collectively, "Likeness") for promotional, advertising, marketing, training, and any other lawful purposes, without compensation.
This consent includes, but is not limited to, the right to record, reproduce, edit, publish, distribute, and otherwise use participant Likeness in any form and through any media now known or later developed, in perpetuity.
I waive any right to inspect or approve the finished product wherein participant Likeness appears, and I release and hold harmless Grand Park Sports & Entertainment from any liability related to the use of participant Likeness, including claims for invasion of privacy, right of publicity, or defamation.
MINOR RELEASE (IF APPLICABLE)
This is to certify that I am the parent or guardian of the minor Participant named above, having legal responsibility for this minor, and I do hereby consent (with the approval of my spouse, if any) to the minor's participation in the Activities at Grand Park and agree to the Release of Liability as provided above and hereby make and enter into each and every representation, certification, waiver, release, assumption and indemnity described above in the Release of Liability on behalf of myself, the minor, any other parent or guardian of the minor, and our heirs, assigns, personal representatives, and next of kin.
I agree to give up my rights, the minor's rights, and the rights of any other parent or guardian to maintain any claim or suit against Releasees arising out of the minor's presence or participation in the Activities at Grand Park. I believe and represent that I HAVE LEGAL AUTHORITY TO MAKE THESE WAIVERS AND RELEASES, and I agree to indemnify and defend the Releasees for all liability arising out of any lack of authority on my part to make such waivers and releasees.