Release and Waiver of Liability and Indemnity Agreement
IN CONSIDERATION for being permitted to enter for any
purpose any event or being permitted to compete,
officiate, observe, work for or for any purpose
participate in the event, the ABOVESIGNED, for
himself/herself, his/her personal representatives,
heirs, and the next of kin, acknowledges, agrees, and
represents that he/she has or will immediately upon
entering such event area(s), and will continuously
thereafter, thoroughly inspect such event area(s) and
his/her participation, if any, in the event constitutes
an acknowledgement that he/she has inspected such an
event area(s) and he/she finds and accepts the event
area(s) as being safe and reasonably suited for the
purposes of his/her use, and he/she further agrees and
warrants that if, at any time, he/she is in
or about such an event area(s) and he/she feels anything
to be unsafe, he/she will immediately advise officials
of such and will leave the event area(s).
THE ABOVESIGNED hereby RELEASES, WAIVES, DISCHARGES AND
COVENANTS NOT TO SUE Charlotte Sports Center, LLC or
Sports Connection, LLC their members and managers, the
promoters, other participants, operators, officials, any
persons in any event area(s), sponsors, advertisers,
owners and lessees of the premises used to conduct the
event and each of them, their officers, directors and
employees, all for the purposes herein referred to as
“releasees”, from all liability to the ABOVESIGNED,
his/her personal representatives, assigns, heirs and
next of kin for any and all loss or damage, and any
claim or demand thereof on account of injury to the
person or property or resulting in death of the
ABOVESIGNED, whether caused by negligence of the
releasees or otherwise while the ABOVESIGNED is in or
upon the event area(s), and/or competing, officiating,
observing, working for, or for any purpose participating
in the event.
THE ABOVESIGNED hereby AGREES TO INDEMNIFY AND SAVE AND
HOLD HARMLESS the releasees and each of them from any
loss, liability, damage, or cost they may incur due to
the presence of the ABOVESIGNED in or upon the event
area(s) or in any way competing, officiating, observing,
working for, or for any purpose participating in the
event and whether caused by the negligence of the
releasees or otherwise.
THE ABOVESIGNED hereby ASSUMES FULL RESPONSIBILITY FOR AND
RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to
the negligence of the releasees or otherwise while in or
upon the event area(s) and/or while competing,
officiating, observing, working for, or for any purpose
participating in the event.
THE ABOVESIGNED hereby certifies that he/she (they) has
adequate insurance to cover any injury or damage that
may be caused or suffered while competing, officiating,
observing, working for, or for any purpose participating
in the event, or else agrees to bear the costs of such
damage or injury. I further certify that he/she
(they) has no medical or physical conditions which would
interfere with competing, officiating, observing,
working for, or for any purpose participating in the
event, or else assume and bear the costs of all risks
that may be created, directly or indirectly, by any such
condition.
THE ABOVESIGNED expressly acknowledges and agrees that the
activities at the event and adjacent area(s) are
dangerous and involve the risk of serious injury and/or
death and/or property damage. The ABOVESIGNED
further expressly agrees that the foregoing release,
waiver and indemnity agreement is intended to be as
broad and inclusive as is permitted by law of the
Province or State in which the event is conducted and
that if any provision hereof is held invalid, it is
agreed that the balance shall, notwithstanding, continue
in full legal force and effect.
Any dispute, controversy or claim arising out of or
related to this Agreement or the interpretation of this
Agreement shall be settled by arbitration in accordance
with the Rules of the America Arbitration Association,
except to the extent modified below. The place of
arbitration shall be Charlotte, North Carolina.
The award of the arbitrator (the “Award”) shall be final
and binding upon the parties and judgment upon the Award
may be entered by any court of competent jurisdiction.
The arbitrator shall be required to determine all issues
in accordance with substantive law of North Carolina.
The rules of evidence applicable to proceedings at law
in North Carolina shall be applicable to the arbitration
proceeding. Charlotte Sports Center, LLC shall pay
all costs of the arbitration, except the legal fees of
the ABOVESIGNED.
NOTICE BY SIGNING THIS RELEASE AGREEMENT, THE ABOVESIGNED
IS AGREEING TO HAVE ANY CLAIM DECIDED BY NEUTRAL
ARBITRATION AND IS GIVING UP THE RIGHT TO A JURY OR
COURT TRIAL.
THE ABOVESIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE
AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and
further agrees that no oral representations, statements,
or inducements apart from the foregoing written
agreement have been made.
This RELEASE AND WAIVER OF LIABILITY AND INDEMNITY
AGREEMENT specifically embraces each and every event
sanctioned, authorized, or prompted by said releasees
and applies to each and every event in which the
ABOVESIGNED participates so that the parties herein
intended to be released and indemnified shall be fully
and effectively released and indemnified as to each and
every event hereinabove described.
THE ABOVESIGNED, referred to as the parent(s) and
natural guardians or legal guardian(s) of said
applicant, do hereby represent that he/she(they)
is(are), in fact, acting in such capacity and agrees to
save and hold harmless and indemnify each and all
parties herein referred to above as releasee from all
liability, loss, cost, claim or damage whatsoever may be
imposed upon such releasees, because of any defect in or
lack of such capacity to so act and release said
releasee on behalf of the ABOVESIGNED.
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