ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT WISCONSIN 2014 PARENTAL/GUARDIAN CONSENT AND LEGAL LIABILITY AGREEMENT *PARENTS/GUARDIANS OF MINOR(S) “PARTICIPANT(s)” child: READ THIS DOCUMENT CAREFULLY BEFORE AGREEING TO ITS TERMS. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND MAY AFFECT YOUR AND YOUR MINOR(s) “PARTICIPANT(s)” LEGAL RIGHTS, AND MAY ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS. AS THE PARENT OR GUARDIAN OF A MINOR(s) “PARTICIPANT(s)” UNDER THE AGE OF 17 WHO IS ATTENDING THE K.B.S. EVENT “ACTIVITY” WITH YOU, BY AGREEING TO THIS DOCUMENT, YOU HEREBY AGREE TO THE TERMS OF THIS DOCUMENT ON THEIR BEHALF AND GIVE APPROVAL FOR THE MINOR(s) “PARTICIPANT(s)” PARTICIPATION IN THE K.B.S. EVENT “ACTIVITY” UNDER YOUR DIRECT SUPERVISION. HEREIN: “K.B.S.” is referred to as “KNOCKERS BUBBLE SOCCER d/b/a OCR Fitness, LLC” *PARTIES 1. Released Parties include: K.B.S. and its directors, officers, employees, agents, contractors, insurers, spectators, co-”PARTICIPANT(s)”s, equipment suppliers, and volunteers; VENUE and its, officers, employees, agents, contractors, insurers, equipment suppliers, and volunteers; all K.B.S. located at 241 Gale Street, Oconto, WI, 54153, event “Activity” sponsors, organizers, promoters, directors, officials, property owners, and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used; and any or all parent, predecessor, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives of any of the foregoing (hereinafter jointly “K.B.S.”) 2. Releasing Parties include: the parent/guardian, his or her minor(s) “PARTICIPANT(s)” participating in the K.B.S. event “Activity”, and the parent/guardian’s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on behalf of the minor(s) “PARTICIPANT(s)” participating in the K.B.S. event “Activity” and anyone who might claim or sue on behalf of the parent/guardian. *INITIAL ASSUMPTION OF INHERENT RISKS 1. I acknowledge that the K.B.S. event “Activity” is meant to be a fun, yet physical test which carries with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely (without changing the challenging nature of the K.B.S. event “Activity”) regardless of the care and precautions taken by K.B.S. (hereafter used when referring to the corporate entity and protected parties). I also understand that it is extremely strenuous with the accompanying risks and dangers generally present in such activities. I understand that these hazards may be magnified due to the fact that the K.B.S. event “Activity” is often conducted under what may be grassy/sand/gymnasium surfaces conditions and circumstances. 2. I further understand and acknowledge that any of these risk and others, not specifically named, may cause injury or injuries that may be minor, serious, or catastrophic. Injuries are common and include, but are not limited to: scrapes, bruises, sprains, strains, muscle tension and soreness, nausea, cuts, sunburn, abrasions, grazes, lacerations, contusions, property loss or damage, broken bones, fractures, torn or strained ligaments and tendons, dislocations, hematomas, slips, falls, running into “PARTICIPANT(s)”s or objects, bloody nose, light-headed, sweaty, hot, bumps, conditions of event surface, “PARTICIPANT(s)”s physical and mental condition, “PARTICIPANT(s)”s physical and mental exertion, equipment failure or operator error, negligence of other “PARTICIPANT(s)”s or other persons may be present, whiplash, concussions, exposure, dehydration, heat exhaustion and other heat-related illnesses, mental stress or exhaustion, infection, vomiting, dislocations, hyperthermia, hypothermia, anemia, electrolyte imbalance, loss of consciousness, syncope, dizziness, fainting, seizures, electric shock and/or injury, and neurological disorders/pain, permanent disabilities, stroke, single or multiple organ failure or dysfunction, physical damage to organs, spinal injuries, paralysis, heart attack, heart failure, blood cell disorder, brain swelling, and even death. 3. This Parent/Guardian Consent and Legal Liability Agreement: applies to 1) personal injury (including death) from incidents or illnesses arising from the K.B.S. event “Activity,” which includes injury during course inspection, observation, the event, and while on the premises (including, but not limited to stands, sidewalks, parking areas, restrooms, and dressing facilities); and 2) any and all of my claims relating to the K.B.S. event “Activity”, including but not limited to, damaged, lost or stolen of property, and both contractual and non-contractual claims. 4. I further understand and acknowledge that any of these risk and others, not specifically named, may cause injury or injuries that may be minor, serious, or catastrophic. Injuries are common and include, but are not limited to: scrapes, bruises, sprains, strains, muscle tension and soreness, nausea, cuts, sunburn, abrasions, grazes, lacerations, contusions, property loss or damage, broken bones, fractures, torn or strained ligaments and tendons, dislocations, hematomas, slips, falls, running into “PARTICIPANT(s)”s or objects, bloody nose, light-headed, sweaty, hot, bumps, conditions of event surface, terrain, weather, temperature, and actions of others, including but not limited to, “PARTICIPANT(s)”s, volunteers, spectators, coaches, event officials and event monitors, and/or producers, of the event and lack of hydration “PARTICIPANT(s)”s physical and mental condition, “PARTICIPANT(s)”s physical and mental exertion, equipment failure or operator error, negligence of other “PARTICIPANT(s)”s or other persons may be present, whiplash, concussions, exposure, dehydration, heat exhaustion and other heat-related illnesses, mental stress or exhaustion, infection, vomiting, dislocations, hyperthermia, hypothermia, anemia, electrolyte imbalance, loss of consciousness, syncope, dizziness, fainting, seizures, electric shock and/or injury, and neurological disorders/pain, permanent disabilities, stroke, single or multiple organ failure or dysfunction, physical damage to organs, spinal injuries, paralysis, heart attack, heart failure, blood cell disorder, brain swelling, and even death. 5. I understand that it is my and the parent/guardian responsibility to inspect the bubble balls, equipment, and areas to be used, and if I believe or become aware that any are unsafe or pose unreasonable risks, I agree to immediately notify appropriate personnel. By participating in the event, I am acknowledging that I have found the bubble balls, facilities, equipment, and areas to be used to be safe and acceptable for participation. 6. I accept full and sole responsibility for the condition and adequacy of my equipment. 7. I understand fully the inherent risks participating in the K.B.S. event “Activity” and assert that I am willingly and voluntarily allowing my minor(s) “PARTICIPANT(s)” to participate in the K.B.S. event “Activity.” 8. I have read the preceding paragraphs and acknowledge that: I understand fully the inherent risks of my minor(s) “PARTICIPANT(s)” participating in the K.B.S. event “Activity” as well as the inherent risks in connection with the K.B.S. event “Activity.” I have read the preceding paragraphs and acknowledge that I know, understand, and appreciate the risks. I hereby give my full consent and approval for my minor(s) “PARTICIPANT(s)” to participate in the K.B.S. event “Activity” and assert that I knowingly assume all of the inherent risks of the activity and take full responsibility for supervision in addition to all damages, liabilities, losses, or expenses that I or my minor(s) “PARTICIPANT(S)” incur(s) as a result of my or my minor(s) “PARTICIPANT(s)” presence in the K.B.S. event “Activity.” *INITIAL WAIVER OF LIABILITY FOR ORDINARY NEGLIGENCE 1. In consideration of my minor(s) “PARTICIPANT(s)” being permitted to be a “PARTICIPANT(s)” in the K.B.S. event “Activity,” and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I (on behalf of the Releasing Parties) hereby forever waive, release, covenant not to sue, and discharge K.B.S. located at 241 Gale Street, Oconto, WI, 54153 and the other Released Parties from any and all claims resulting from the INHERENT RISKS of the K.B.S. event “Activity” or the ORDINARY NEGLIGENCE of K.B.S. (hereafter used when referring to the corporate entity K.B.S .and other Released Parties) that I or my minor(s) “PARTICIPANT(s)” may have arising out of my or my minor(s) “PARTICIPANT(s)” presence at the K.B.S. event “Activity.” 2. This agreement applies to: A) personal injury (including death) from incidents or illnesses arising from the K.B.S. event “Activity” participation, which includes injury during inspection of bubble balls, equipment, facilities, inspection, observation, the event, medical treatment, and while on the premises (including, but not limited to base area, sponsor promotions, restrooms, first-aid tents, and dressing facilities); and B) any and all claims resulting from damage to, loss of, or theft of property. 3. Initial Indemnification Agreement: In consideration of being permitted to participate in the K.B.S. event “Activity” and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby agree to hold harmless, defend and indemnify K.B.S. (and the other Released Parties) from and against: A) Any and all claims made by me (or any Releasing Party) arising from injury or loss due to my participation in the K.B.S. event “Activity”; and B) Against any and all claims of ”PARTICIPANT(s),” rescuers, and others arising from my conduct in the course of my participation in the K.B.S. event “Activity”. For the purposes hereof, “claims” includes all actions and causes of action, claims, demands, losses, costs, expenses and damages, including legal fees and related expenses. This indemnity shall survive the expiration or sooner termination of the K.B.S. event “Activity”. *INITIAL OTHER AGREEMENTS 1. Venue and Jurisdiction: I understand that if Mediation and Arbitration prove unsuccessful and legal action is brought, the appropriate state or federal trial court for the state of Wisconsin has the sole and exclusive jurisdiction and that only the substantive laws of Wisconsin shall apply. 2. Equipment/ Facilities: In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. 3. Severability: I understand and agree that this Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the State of Wisconsin and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions. 4. Integration: I affirm that this Agreement supersedes any and all previous oral or written promises or agreements; constitutes the entire agreement between me and K.B.S. and can be amended only by a written document duly executed by myself and K.B.S I understand that this is the entire Agreement between me and K.B.S and cannot be modified or changed in any way by representations or statements by any agent or employee of K.B.S. 5. Mediation and Arbitration: In the event of a legal issue, I agree to engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims arising out of or relating to my participation in the K.B.S. event “Activity” shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. The cost of such action shall be shared equally by the parties. I further acknowledge and agree that any question, issue, or dispute as to the arbitrability of any dispute, controversy, or claim arising out of my participation in the K.B.S. event “Activity”, will be submitted to an arbitrator in accordance with the applicable rules of the American Arbitration Association then in effect. The Arbitration Rules of the American Arbitration Association are available on-line at www.adr.org. 6. I represent and warrant that I am in full command of my faculties and am not under the influence of alcohol or drugs. 7. I agree to dress myself and my minor(s) “PARTICIPANT(S)” appropriately so as to mitigate risk of physical injury to myself or my minor(s) “PARTICIPANT(S)” including, but not limited to: wearing shoes appropriate for strenuous physical activity involved in the K.B.S. event “Activity”; and dressing in conjunction with the weather. 8. I agree that I have authority to act on behalf of my minor(s) “PARTICIPANT(S)” attending the K.B.S. event “Activity”. 9. EMERGENCY CONTACT INFORMATION MUST BE PROVIDED. *SPECIFIC RULES AND LIMITATIONS 1. Limitations to Minor(s) child ““PARTICIPANT(s)” and Their Parents: I understand that I can be a spectator with my minor(s) “PARTICIPANT(S)” in the K.B.S. event “Activity.” 2. Health-Related Permissions by Spectators: In the event of an injury or illness that renders me or my minor(s) “PARTICIPANT(S)” unconscious or incapable of making a medical decision, I authorize appropriate K.B.S. personnel and emergency medical personnel at the event to make emergency medical decisions on my and my minor(s) “PARTICIPANT(S)” behalf (including, but not limited to CPR and AED). I further authorize K.B.S.to secure necessary emergency medical care or transportation (i.e., EMS) and I agree to assume all costs of emergency medical care and transportation. A) I acknowledge and fully understand that the minor(s) “PARTICIPANT(S)” for whom I execute this document may engage only in activities related to the K.B.S. event “Activity” or the base area features, and that such activities involve risk of serious injury, as described above, and severe social and economic losses which might result not only from the minor(s) “PARTICIPANT(S)” own acts, omissions, or negligence but also from the acts, omissions, or negligence of others, and further acknowledge that there may be other risks not known to me or reasonably foreseeable at this time. B) I acknowledge and fully understand that the minor(s) “PARTICIPANT(S)” for whom I execute this document will not be subject to supervision by the employees or agents of K.B.S. and that I will be responsible for supervising the above-named minor(S) “PARTICIPANT(S)” in their use of the K.B.S. event “Activity”. C) I attest that, if I (or my minor(s) “PARTICIPANT(S)” am pregnant, disabled in any way, or have recently suffered an illness, injury, or impairment, I (or my minor(s) “PARTICIPANT(S)” should have or did consult a physician prior to participating in the K.B.S. event “Activity”. D) I assume all risks and hazards incidental to participation in the K.B.S. event “Activity,” and I hereby waive, release, absolve, indemnify, and agree to hold harmless the Released Parties for any claim arising or of an injury to my minor(s) “PARTICIPANT(S)” and from any and all liability, claims, actions, demands, expenses, attorney fees, breach of contract actions, breach of statutory duty or other duty of care, warranty, strict liability actions, and causes of action whatsoever arising out of or connected with my minor(s) “PARTICIPANT(S)” participation in the K.B.S. event “Activity”. I attest that the minor(s) “PARTICIPANT(S)” for whom I execute this document, the above-named “PARTICIPANT(s)”, is/are at least 4’ (48” tall) and/or weigh(s) at least 66 lbs. as of the date of the K.B.S. event “Activity”. E) I have evaluated the ability of my minor(s) “PARTICIPANT(S)” to be present in the K.B.S. event “Activity”, based on prior experience with my minor(s) “PARTICIPANT(S)” in similar situations. 3. Rules: I specifically acknowledge and agree to abide by the following rules: A) MINOR(S) “PARTICIPANT(S)” child(S) may not be left unsupervised by their parents or guardians at any time while participating in the K.B.S. event “Activity;” B) no urination or defecation is permitted outside of designated areas; C) no non-medically necessary wheeled conveyances or non-service animals are allowed in the K.B.S. event “Activity” at any time; D) no clothing, props or equipment that pose an unnecessary risk to “PARTICIPANT(s)”, spectators or personnel are permitted; and E) obey civil and criminal laws including traffic laws. 4. Photography: I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me and the minor(s) “PARTICIPANT(S)” for whom I execute this document captured during the K.B.S. event “Activity” by K.B.S., its affiliated entities or contractors, and/or the media become the sole property of K.B.S. I grant the right, permission and authority to K.B.S. and its designees to use my and the minor(s) “PARTICIPANT(S)” for whom I execute this document name(s) and any such photographs, motion pictures, recordings, and/or likenesses for any legitimate purpose, including but not limited to promoting, advertising, and marketing activities. I further understand that K.B.S and its designees have the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses. 5. Majority Age: I affirm that my participating minor(s) “PARTICIPANT(s)” is/are at least 4’ (48” tall) and/or weigh(s) at least 66 lbs. I AFFIRM THAT I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR “PARTICIPANT(S)” LISTED BELOW AND HAVE THE AUTHORIZATION TO PERMIT THE MINOR(s) “PARTICIPANT(S)” TO UNDERTAKE THE ACTIVITIES DESCRIBED ABOVE. *ACKNOWLEDGMENT OF UNDERSTANDING 1. I HAVE READ THIS ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT AND FULLY UNDERSTAND ITS TERMS. 2. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. 3. I FURTHER ACKNOWLEDGE THAT I AM FREELY AND VOLUNTARILY SIGNING THE AGREEMENT AND PARTICIPATING IN THE K.B.S. EVENT “ACTIVITY”, AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY DUE TO ORDINARY NEGLIGENCE OF K.B.S. (AND OTHER RELEASED PARTIES) OR THE INHERENT RISKS OF THE ACTIVITY, TO THE GREATEST EXTENT ALLOWED BY LAW IN WISCONSIN.
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