RELEASE AND WAIVER OF LIABILITY ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT (“AGREEMENT”)
In consideration of being granted a revocable license to enter upon the property owned by O-C SPORTS, LLC and operated by Club West, Inc. to use the athletic, sporting or fitness facilities upon the Facilities (“Facilities”), agree and state as follows:
1. I am over 18 years of age, and this agreement shall, and I intend to, bind my heirs, personal representatives, family members, assigns, subrogees and any person claiming by or through me;
2. I have adequate medical insurance, and the owners of the Facilities may rely upon this representation;
3. I am physically fit to engage in strenuous sporting activities, including basketball, fitness and related activities, and have no limitations or disabilities which would be considered a danger to myself or to others while participating in sporting activities;
4. I have personally inspected the Facilities, and I am fully aware of all of the physical hazards in the construction, maintenance and operation of the Facilities;
5. I am fully aware that, as a result of using the Facilities, I may suffer personal or bodily injury, and I fully and knowingly assume that risk;
6. I fully understand that participation in any type of sporting activity, especially basketball, fitness and related activities, comes with inherent dangers which may result in personal or bodily injury to me. Those dangers may include injury from the construction, operation, or maintenance of the Facilities as well as injuries which may result from the use of the Facilities or from contact with another participant, player or licensee;
7. With full knowledge of all the risks of participation in sports and fitness activities, I agree to voluntarily assume all risks of participating in any activities at the Facilities, and all risks of entering upon or using the Facilities;
8. I am upon the Facilities and using the Facilities as a licensee of the owners of the property, and I agree to leave the Facilities immediately if requested to do so, and I will obey all the rules and regulations, as they may be amended from time to time. I agree to immediately leave the Facilities if I cannot abide by the rules and regulations;
9. In exchange for the revocable license to use the Facilities and participate in Club West activities at the Facilities, I agree to release, waive, discharge and covenant not to sue, Club West, Inc., O-C Sports, LLC, their members, managers, shareholders, officers, directors, agents, employees, insurers, contractors, successors and assigns, as well as other licensees or users of the Facilities and participants in sporting events upon the Facilities or the Facilities (herein “Released Parties”) from any and all claims, actions, causes of action, injuries, damages, or losses, whether caused by negligence, gross negligence or otherwise, arising out of or relating to (i) the entry upon the Facilities, (ii) the use of the Facilities, or (iii) the participation in any sporting activity of any type, including participating as an observer, while on or around the Facilities;
10. If I fail to abide by this agreement, or if I breach it in any manner, or if I assert a claim or file a claim in a court relating to or arising out of this agreement or my entry upon the Facilities or use of the Facilities, I agree to indemnify the Released Parties from any and all costs and attorney fees they have incurred therewith;
11. If any provision, term or condition of this agreement is declared invalid, then I agree such declaration of invalidity shall not affect the remainder of the agreement;
12. Any action arising out of or relating to this agreement, or the use of the Facilities, shall be exclusively brought in the Weld County District Court, Colorado, and I agree to pay all attorney fees and costs incurred by the Released Parties in connection therewith;
13. I HAVE READ THIS AGREEMENT CAREFULLY, HAVE TAKEN THE TIME TO UNDERSTAND IT AND HAVE ALL MY QUESTIONS ANSWERED, HAVE REVIEWED IT WITH MY OWN ADVISERS AS I HAVE DEEMED APPROPRIATE, HAVE NOT RELIED UPON ANY REPRESENTATIONS OF ANY PERSON AS TO THE CONDITION OF THE PROPERTY OR SAFETY OF ANY OF THE SPORTING ACTIVITIES CONTEMPLATED, AND HAVE AGREED TO SIGN THIS AGREEMENT FREELY AND VOLUNTARILY IN CONSIDERATION OF BEING A LICENSEE UPON THE FACILITIES.
14. ANY fighting will result in immediate removal of your entire team from the league without refund of entry fees
15. Dunking is allowed. For the safety of our athletes, hanging from the rim is not allowed.
Each participant and their legal guardian if the player is under the age of 18 must read, agree, and sign the Waiver Form. Participation in this event and its related activities contain risks. By signing this Waiver Form, I release and discharge Work Out West, event sponsors, event organizers, and Work Out West workers, employees and directors from any claims, demands, and causes of action arising from my child’s participation in their events and related activities. I fully understand that the participation in Work Out West and Programs contain a risk and that Work Out West(its employees, agents, directors, and owners) are not responsible for any lost or stolen articles of clothing or personal property. Player eligibility for NCAA, collegiate sports and school district may vary. Event organizers are not responsible for determining each player’s eligibility. Contact your coach or athletic director and ask how your eligibility would be affected, if at all, before registering for this event.