ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT WISCONSIN 2014 *PARTICIPANT(S) READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS. 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-PARTICIPANTS, EQUIPMENT SUPPLIERS, AND VOLUNTEERS; THE VENUE AND ITS DIRECTORS, 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, 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 PARTICIPANT AS WELL AS PARTICIPANT’S SPOUSE, SIGNIFICANT OTHER, DOMESTIC PARTNERSHIP, 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 PARTICIPANT’S BEHALF. *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). 2. I ALSO UNDERSTAND THAT IT IS EXTREMELY STRENUOUS WITH THE ACCOMPANYING RISKS AND DANGERS GENERALLY PRESENT IN SUCH ACTIVITIES. 3. 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. 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 PARTICIPANTS 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, PARTICIPANTS, VOLUNTEERS, SPECTATORS, COACHES, EVENT OFFICIALS AND EVENT MONITORS, AND/OR PRODUCERS, OF THE EVENT AND LACK OF HYDRATION PARTICIPANTS PHYSICAL AND MENTAL CONDITION, PARTICIPANTS PHYSICAL AND MENTAL EXERTION, EQUIPMENT FAILURE OR OPERATOR ERROR, NEGLIGENCE OF OTHER PARTICIPANTS 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 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 PARTICIPATING IN THE K.B.S EVENT “ACTIVITY.” 8. I HAVE READ THE PRECEDING PARAGRAPHS AND ACKNOWLEDGE THAT: A) I KNOW THE NATURE OF THE K.B.S. EVENT “ACTIVITY”; B) I UNDERSTAND THE DEMANDS OF THIS ACTIVITY RELATIVE TO MY PHYSICAL CONDITION; C) I APPRECIATE THE POTENTIAL IMPACT OF THE TYPES OF INJURIES THAT MAY RESULT FROM THE K.B.S. EVENT “ACTIVITY”. D) I UNDERSTAND FULLY THE INHERENT RISKS SIMPLY CANNOT BE ELIMINATED WITHOUT JEOPARDIZING THE ESSENTIAL QUALITIES OF THIS K.B.S. EVENT “ACTIVITY; E) I HEREBY ASSERT THAT I KNOWINGLY ASSUME ALL OF THE INHERENT RISKS OF THE ACTIVITY AND TAKE FULL RESPONSIBILITY FOR ANY AND ALL DAMAGES, LIABILITIES, LOSSES, OR EXPENSES THAT I MAY INCUR AS A RESULT OF PARTICIPATING IN THE K.B.S. EVENT “ACTIVITY”. *INITIAL WAIVER OF LIABILITY FOR ORDINARY NEGLIGENCE 1. 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, 2. 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. (OR OTHER RELEASED PARTIES) THAT I MAY HAVE ARISING OUT OF MY PARTICIPATION IN THE K.B.S. EVENT “ACTIVITY”. 3. 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 2) ANY AND ALL CLAIMS RESULTING FROM DAMAGE TO, LOSS OF, OR THEFT OF PROPERTY. 4. 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 CO-PARTICIPANTS, 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. CLASS ACTIONS: I AGREE THAT ANY ARBITRATION, MEDIATION OR LEGAL ACTION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. CLAIMS MAY NOT BE JOINED OR CONSOLIDATED UNLESS AGREED TO IN WRITING BY ALL PARTIES. *INITIAL AGREEMENTS FOR THE PROTECTION OF PARTICIPANTS 1. I REPRESENT AND WARRANT THAT I AM IN GOOD HEALTH AND IN PROPER PHYSICAL CONDITION TO SAFELY PARTICIPATE IN THE K.B.S. EVENT “ACTIVITY”. I CERTIFY THAT I HAVE NO KNOWN OR KNOWABLE PHYSICAL OR MENTAL CONDITIONS THAT WOULD AFFECT MY ABILITY TO SAFELY PARTICIPATE IN THE K.B.S. EVENT “ACTIVITY”, OR THAT WOULD RESULT IN MY PARTICIPATION CREATING A RISK OF DANGER TO MYSELF OR TO OTHERS. 2. I REPRESENT AND WARRANT THAT I AM IN FULL COMMAND OF MY FACULTIES AND AM NOT UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. 3. I AGREE NOT TO PARTICIPATE IN A K.B.S. EVENT “ACTIVITY” WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS. 4. I ACKNOWLEDGE THAT K.B.S. RECOMMENDS AND ENCOURAGES EACH CLIENT TO GET MEDICAL CLEARANCE FROM HIS/HER PERSONAL PHYSICIAN PRIOR TO PARTICIPATION. 5. I ASSERT THAT I HAVE NOT BEEN ADVISED OR CAUTIONED AGAINST PARTICIPATING BY A MEDICAL PRACTITIONER. 6. I UNDERSTAND THAT IT IS MY RESPONSIBILITY TO CONTINUOUSLY MONITOR MY OWN PHYSICAL AND MENTAL CONDITION DURING THE COURSE, AND I AGREE TO WITHDRAW IMMEDIATELY AND NOTIFY APPROPRIATE PERSONNEL IF AT ANY POINT MY CONTINUED PARTICIPATION WOULD CREATE A RISK OF DANGER TO MYSELF OR TO OTHERS. 7. I REPRESENT AND WARRANT THAT I AM COVERED BY MEDICAL INSURANCE. 8. IN THE EVENT OF AN INJURY TO ME THAT RENDERS ME 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 BEHALF (INCLUDING, BUT NOT LIMITED TO CPR AND AED). 9. I AUTHORIZE K.B.S. TO SECURE EMERGENCY MEDICAL CARE OR TRANSPORTATION (I.E., EMS) WHEN DEEMED NECESSARY BY K.B.S. 10. I AGREE TO ASSUME ALL COSTS OF EMERGENCY MEDICAL CARE AND TRANSPORTATION. 11. I ACKNOWLEDGE THAT K.B.S. HAS INSTITUTED ITS RULES FOR THE PROTECTION OF THE PARTICIPANT AND CO-PARTICIPANTS. I AGREE TO FAMILIARIZE MYSELF WITH THOSE RULES AND FOLLOW THEM THROUGHOUT THE EVENT. I ALSO RECOGNIZE THE AUTHORITY OF K.B.S. TO HALT MY PARTICIPATION (AND, IF NECESSARY, HAVE ME REMOVED FROM THE PREMISES) IF MY PARTICIPATION, CONDUCT, OR PRESENCE ENDANGERS MYSELF OR MY COPARTICIPANTS. 12. EMERGENCY CONTACT INFORMATION MUST BE PROVIDED. *ENTRY AND PARTICIPATION AGREEMENTS 1. RULES: I AGREE TO BECOME FAMILIAR WITH AND ABIDE BY ALL WRITTEN AND/OR POSTED RULES OF K.B.S., AS WELL AS ALL WRITTEN AND/OR POSTED RULES OF THE VENUE. I FURTHER AGREE TO COMPLY WITH ALL DIRECTIONS, INSTRUCTIONS AND DECISIONS OF K.B.S. AND VENUE PERSONNEL. I FURTHER AGREE NOT TO CHALLENGE THESE RULES, DIRECTIONS, INSTRUCTIONS, OR DECISIONS ON ANY BASIS AT ANY TIME. 2. EMERGENCY DELAY OR CANCELLATION: I ACKNOWLEDGE THAT K.B.S. AT ITS SOLE DISCRETION MAY DELAY, MODIFY, OR CANCEL THE K.B.S. EVENT “ACTIVITY” IF CONDITIONS OR NATURAL OR MAN-MADE EMERGENCIES MAKE ADMINISTERING THE EVENT UNREASONABLY DIFFICULT OR UNSAFE. I AGREE THAT “EMERGENCY” IS DEFINED TO MEAN ANY EVENT BEYOND THE CONTROL OF K.B.S., INCLUDING BUT NOT LIMITED TO: HIGH WIND, EXTREME RAIN OR HAIL, HURRICANE, TORNADO, EARTHQUAKE, FLOOD, ACTS OF TERRORISM, FIRE, THREATENED OR ACTUAL STRIKE, LABOR DIFFICULTY OR WORK STOPPAGE, INSURRECTION, WAR, PUBLIC DISASTER, AND UNAVOIDABLE CASUALTY. IN THE EVENT OF A DELAY, MODIFICATION, OR CANCELLATION OF THE K.B.S. EVENT “ACTIVITY” AS DESCRIBED IN THIS PARAGRAPH, I UNDERSTAND THAT I WILL NOT BE ENTITLED TO A REFUND OF MY ENTRY FEE OR ANY OTHER COSTS INCURRED IN CONNECTION WITH THE K.B.S. EVENT “ACTIVITY”. 3. GOVERN PARTICIPATION: I UNDERSTAND THAT K.B.S. HAS THE AUTHORITY TO ISSUE INSTRUCTIONS OR DIRECTIONS RELATING TO THE MANNER OF MY SAFE PARTICIPATION IN THE RELATED ACTIVITIES AND THE AUTHORITY TO HALT MY PARTICIPATION IN THE RELATED ACTIVITIES AT ANY TIME THEY DEEM IT NECESSARY TO PROTECT THE SAFETY OF PARTICIPANTS, SPECTATORS, AND PERSONNEL; AND/OR PROMOTE FAIRNESS AND THE SPIRIT OF K.B.S. 4. REMOVAL FROM EVENT: I UNDERSTAND THAT K.B.S. AND VENUE PERSONNEL MAY IMMEDIATELY CAUSE ANYONE WHO DISOBEYS ANY RULES, DIRECTIONS, INSTRUCTIONS, DECISIONS, OR LAWS, OR WHOSE BEHAVIOR ENDANGERS SAFETY OR NEGATIVELY AFFECTS A PERSON, FACILITY, OR PROPERTY OF ANY TYPE OR KIND, TO BE REMOVED FROM THE COURSE. 5. FEE REFUNDS: I UNDERSTAND THAT ALL FEES AND ASSOCIATED COSTS (INCLUDING OPTIONAL PRODUCT PURCHASES, SPECTATOR TICKETS, AND DONATIONS), PAID IN REGISTRATION FOR THIS K.B.S. EVENT “ACTIVITY” ARE NOT REFUNDABLE FOR ANY REASON UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO INJURY, A SCHEDULING CONFLICT, AND/OR EVENT CANCELLATION. 6. ATTITUDE AND BEHAVIOR: I ALSO AGREE TO EXHIBIT APPROPRIATE BEHAVIOR AT ALL TIMES; DEMONSTRATE RESPECT FOR ALL PEOPLE, EQUIPMENT, AND FACILITIES; AND PARTICIPATE WITH A COOPERATIVE AND POSITIVE ATTITUDE. 7. ALCOHOL & DRUGS: I CERTIFY THAT I AM NOT, AND ON THE DATE OF THE K.B.S. EVENT “ACTIVITY” WILL NOT BE, UNDER THE INFLUENCE OF ALCOHOL OR ANY NON-PRESCRIPTION DRUGS THAT WOULD IN ANY WAY IMPAIR MY ABILITY TO SAFELY PARTICIPATE IN THE K.B.S. EVENT “ACTIVITY”. I FURTHER UNDERSTAND THAT THE CONSUMPTION ANY ALCOHOL AND ANY ILLICIT OR ILLEGAL DRUGS OR SUBSTANCES DURING THE EVENT IS STRICTLY PROHIBITED. K.B.S. WILL ONLY ALLOW THE RESPONSIBLE CONSUMPTION OF ALCOHOL AFTER THE K.B.S. EVENT “ACTIVITY”. THE CONSUMPTION OF ANY ILLICIT OR ILLEGAL DRUGS OR SUBSTANCES BEFORE, DURING, AND AFTER THE K.B.S. EVENT “ACTIVITY” IS STRICTLY PROHIBITED. 8. I AGREE TO TAKE FULL RESPONSIBILITY FOR ANY ALCOHOL CONSUMPTION AT THE EVENT. 9. PHOTOGRAPHY: I UNDERSTAND THAT ANY AND ALL PHOTOGRAPHS, MOTION PICTURES, RECORDINGS, AND/OR LIKENESSES OF ME 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 NAME 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. 10. MAJORITY AGE: I AFFIRM THAT I HAVE REACHED MAJORITY AGE (OR WILL HAVE REACHED THAT AGE BY THE DATE OF THE K.B.S. EVENT “ACTIVITY”. MAJORITY AGE IS 18 IN WISCONSIN). *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. OVER THE AGE OF 18: ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT WISCONSIN 2014 *PARTICIPANT(S) READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS. 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-PARTICIPANTS, EQUIPMENT SUPPLIERS, AND VOLUNTEERS; THE VENUE AND ITS DIRECTORS, 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, 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 PARTICIPANT AS WELL AS PARTICIPANT’S SPOUSE, SIGNIFICANT OTHER, DOMESTIC PARTNERSHIP, 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 PARTICIPANT’S BEHALF. *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). 2. I ALSO UNDERSTAND THAT IT IS EXTREMELY STRENUOUS WITH THE ACCOMPANYING RISKS AND DANGERS GENERALLY PRESENT IN SUCH ACTIVITIES. 3. 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. 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 PARTICIPANTS 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, PARTICIPANTS, VOLUNTEERS, SPECTATORS, COACHES, EVENT OFFICIALS AND EVENT MONITORS, AND/OR PRODUCERS, OF THE EVENT AND LACK OF HYDRATION PARTICIPANTS PHYSICAL AND MENTAL CONDITION, PARTICIPANTS PHYSICAL AND MENTAL EXERTION, EQUIPMENT FAILURE OR OPERATOR ERROR, NEGLIGENCE OF OTHER PARTICIPANTS 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 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 PARTICIPATING IN THE K.B.S EVENT “ACTIVITY.” 8. I HAVE READ THE PRECEDING PARAGRAPHS AND ACKNOWLEDGE THAT: A) I KNOW THE NATURE OF THE K.B.S. EVENT “ACTIVITY”; B) I UNDERSTAND THE DEMANDS OF THIS ACTIVITY RELATIVE TO MY PHYSICAL CONDITION; C) I APPRECIATE THE POTENTIAL IMPACT OF THE TYPES OF INJURIES THAT MAY RESULT FROM THE K.B.S. EVENT “ACTIVITY”. D) I UNDERSTAND FULLY THE INHERENT RISKS SIMPLY CANNOT BE ELIMINATED WITHOUT JEOPARDIZING THE ESSENTIAL QUALITIES OF THIS K.B.S. EVENT “ACTIVITY; E) I HEREBY ASSERT THAT I KNOWINGLY ASSUME ALL OF THE INHERENT RISKS OF THE ACTIVITY AND TAKE FULL RESPONSIBILITY FOR ANY AND ALL DAMAGES, LIABILITIES, LOSSES, OR EXPENSES THAT I MAY INCUR AS A RESULT OF PARTICIPATING IN THE K.B.S. EVENT “ACTIVITY”. *INITIAL WAIVER OF LIABILITY FOR ORDINARY NEGLIGENCE 1. 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, 2. 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. (OR OTHER RELEASED PARTIES) THAT I MAY HAVE ARISING OUT OF MY PARTICIPATION IN THE K.B.S. EVENT “ACTIVITY”. 3. 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. 4. 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 CO-PARTICIPANTS, 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. CLASS ACTIONS: I AGREE THAT ANY ARBITRATION, MEDIATION OR LEGAL ACTION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. CLAIMS MAY NOT BE JOINED OR CONSOLIDATED UNLESS AGREED TO IN WRITING BY ALL PARTIES. *INITIAL AGREEMENTS FOR THE PROTECTION OF PARTICIPANTS 1. I REPRESENT AND WARRANT THAT I AM IN GOOD HEALTH AND IN PROPER PHYSICAL CONDITION TO SAFELY PARTICIPATE IN THE K.B.S. EVENT “ACTIVITY”. I CERTIFY THAT I HAVE NO KNOWN OR KNOWABLE PHYSICAL OR MENTAL CONDITIONS THAT WOULD AFFECT MY ABILITY TO SAFELY PARTICIPATE IN THE K.B.S. EVENT “ACTIVITY”, OR THAT WOULD RESULT IN MY PARTICIPATION CREATING A RISK OF DANGER TO MYSELF OR TO OTHERS. 2. I REPRESENT AND WARRANT THAT I AM IN FULL COMMAND OF MY FACULTIES AND AM NOT UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. 3. I AGREE NOT TO PARTICIPATE IN A K.B.S. EVENT “ACTIVITY” WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS. 4. I ACKNOWLEDGE THAT K.B.S. RECOMMENDS AND ENCOURAGES EACH CLIENT TO GET MEDICAL CLEARANCE FROM HIS/HER PERSONAL PHYSICIAN PRIOR TO PARTICIPATION. 5. I ASSERT THAT I HAVE NOT BEEN ADVISED OR CAUTIONED AGAINST PARTICIPATING BY A MEDICAL PRACTITIONER. 6. I UNDERSTAND THAT IT IS MY RESPONSIBILITY TO CONTINUOUSLY MONITOR MY OWN PHYSICAL AND MENTAL CONDITION DURING THE COURSE, AND I AGREE TO WITHDRAW IMMEDIATELY AND NOTIFY APPROPRIATE PERSONNEL IF AT ANY POINT MY CONTINUED PARTICIPATION WOULD CREATE A RISK OF DANGER TO MYSELF OR TO OTHERS. 7. I REPRESENT AND WARRANT THAT I AM COVERED BY MEDICAL INSURANCE. 8. IN THE EVENT OF AN INJURY TO ME THAT RENDERS ME 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 BEHALF (INCLUDING, BUT NOT LIMITED TO CPR AND AED). 9. I AUTHORIZE K.B.S. TO SECURE EMERGENCY MEDICAL CARE OR TRANSPORTATION (I.E., EMS) WHEN DEEMED NECESSARY BY K.B.S. 10. I AGREE TO ASSUME ALL COSTS OF EMERGENCY MEDICAL CARE AND TRANSPORTATION. 11. I ACKNOWLEDGE THAT K.B.S. HAS INSTITUTED ITS RULES FOR THE PROTECTION OF THE PARTICIPANT AND CO-PARTICIPANTS. I AGREE TO FAMILIARIZE MYSELF WITH THOSE RULES AND FOLLOW THEM THROUGHOUT THE EVENT. I ALSO RECOGNIZE THE AUTHORITY OF K.B.S. TO HALT MY PARTICIPATION (AND, IF NECESSARY, HAVE ME REMOVED FROM THE PREMISES) IF MY PARTICIPATION, CONDUCT, OR PRESENCE ENDANGERS MYSELF OR MY CO-PARTICIPANTS. 12. EMERGENCY CONTACT INFORMATION MUST BE PROVIDED. *ENTRY AND PARTICIPATION AGREEMENTS 1. RULES: I AGREE TO BECOME FAMILIAR WITH AND ABIDE BY ALL WRITTEN AND/OR POSTED RULES OF K.B.S., AS WELL AS ALL WRITTEN AND/OR POSTED RULES OF THE VENUE. I FURTHER AGREE TO COMPLY WITH ALL DIRECTIONS, INSTRUCTIONS AND DECISIONS OF K.B.S. AND VENUE PERSONNEL. I FURTHER AGREE NOT TO CHALLENGE THESE RULES, DIRECTIONS, INSTRUCTIONS, OR DECISIONS ON ANY BASIS AT ANY TIME. 2. EMERGENCY DELAY OR CANCELLATION: I ACKNOWLEDGE THAT K.B.S. AT ITS SOLE DISCRETION MAY DELAY, MODIFY, OR CANCEL THE K.B.S. EVENT “ACTIVITY” IF CONDITIONS OR NATURAL OR MAN-MADE EMERGENCIES MAKE ADMINISTERING THE EVENT UNREASONABLY DIFFICULT OR UNSAFE. I AGREE THAT “EMERGENCY” IS DEFINED TO MEAN ANY EVENT BEYOND THE CONTROL OF K.B.S., INCLUDING BUT NOT LIMITED TO: HIGH WIND, EXTREME RAIN OR HAIL, HURRICANE, TORNADO, EARTHQUAKE, FLOOD, ACTS OF TERRORISM, FIRE, THREATENED OR ACTUAL STRIKE, LABOR DIFFICULTY OR WORK STOPPAGE, INSURRECTION, WAR, PUBLIC DISASTER, AND UNAVOIDABLE CASUALTY. IN THE EVENT OF A DELAY, MODIFICATION, OR CANCELLATION OF THE K.B.S. EVENT “ACTIVITY” AS DESCRIBED IN THIS PARAGRAPH, I UNDERSTAND THAT I WILL NOT BE ENTITLED TO A REFUND OF MY ENTRY FEE OR ANY OTHER COSTS INCURRED IN CONNECTION WITH THE K.B.S. EVENT “ACTIVITY”. 3. GOVERN PARTICIPATION: I UNDERSTAND THAT K.B.S. HAS THE AUTHORITY TO ISSUE INSTRUCTIONS OR DIRECTIONS RELATING TO THE MANNER OF MY SAFE PARTICIPATION IN THE RELATED ACTIVITIES AND THE AUTHORITY TO HALT MY PARTICIPATION IN THE RELATED ACTIVITIES AT ANY TIME THEY DEEM IT NECESSARY TO PROTECT THE SAFETY OF PARTICIPANTS, SPECTATORS, AND PERSONNEL; AND/OR PROMOTE FAIRNESS AND THE SPIRIT OF K.B.S. 4. REMOVAL FROM EVENT: I UNDERSTAND THAT K.B.S. AND VENUE PERSONNEL MAY IMMEDIATELY CAUSE ANYONE WHO DISOBEYS ANY RULES, DIRECTIONS, INSTRUCTIONS, DECISIONS, OR LAWS, OR WHOSE BEHAVIOR ENDANGERS SAFETY OR NEGATIVELY AFFECTS A PERSON, FACILITY, OR PROPERTY OF ANY TYPE OR KIND, TO BE REMOVED FROM THE COURSE. 5. FEE REFUNDS: I UNDERSTAND THAT ALL FEES AND ASSOCIATED COSTS (INCLUDING OPTIONAL PRODUCT PURCHASES, SPECTATOR TICKETS, AND DONATIONS), PAID IN REGISTRATION FOR THIS K.B.S. EVENT “ACTIVITY” ARE NOT REFUNDABLE FOR ANY REASON UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO INJURY, A SCHEDULING CONFLICT, AND/OR EVENT CANCELLATION. 6. ATTITUDE AND BEHAVIOR: I ALSO AGREE TO EXHIBIT APPROPRIATE BEHAVIOR AT ALL TIMES; DEMONSTRATE RESPECT FOR ALL PEOPLE, EQUIPMENT, AND FACILITIES; AND PARTICIPATE WITH A COOPERATIVE AND POSITIVE ATTITUDE. 7. ALCOHOL & DRUGS: I CERTIFY THAT I AM NOT, AND ON THE DATE OF THE K.B.S. EVENT “ACTIVITY” WILL NOT BE, UNDER THE INFLUENCE OF ALCOHOL OR ANY NON-PRESCRIPTION DRUGS THAT WOULD IN ANY WAY IMPAIR MY ABILITY TO SAFELY PARTICIPATE IN THE K.B.S. EVENT “ACTIVITY”. I FURTHER UNDERSTAND THAT THE CONSUMPTION ANY ALCOHOL AND ANY ILLICIT OR ILLEGAL DRUGS OR SUBSTANCES DURING THE EVENT IS STRICTLY PROHIBITED. K.B.S. WILL ONLY ALLOW THE RESPONSIBLE CONSUMPTION OF ALCOHOL AFTER THE K.B.S. EVENT “ACTIVITY”. THE CONSUMPTION OF ANY ILLICIT OR ILLEGAL DRUGS OR SUBSTANCES BEFORE, DURING, AND AFTER THE K.B.S. EVENT “ACTIVITY” IS STRICTLY PROHIBITED. 8. I AGREE TO TAKE FULL RESPONSIBILITY FOR ANY ALCOHOL CONSUMPTION AT THE EVENT. 9. PHOTOGRAPHY: I UNDERSTAND THAT ANY AND ALL PHOTOGRAPHS, MOTION PICTURES, RECORDINGS, AND/OR LIKENESSES OF ME 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 NAME 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. 10. MAJORITY AGE: I AFFIRM THAT I HAVE REACHED MAJORITY AGE (OR WILL HAVE REACHED THAT AGE BY THE DATE OF THE K.B.S. EVENT “ACTIVITY”. MAJORITY AGE IS 18 IN WISCONSIN). *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 In the event of an emergency, please contact the following person(s) in the order presented:
EMERGENCY CONTACT: *
EMERGENCY CONTACT:
PHONE#: *
PHONE#:
DATE OF EVENT: *
DATE OF EVENT:
PARTICIPANT: *
PARTICIPANT:
ADDRESS: *
ADDRESS:
PHONE#: *
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ACCEPTANCE OF WAIVER: *
DATE TODAY: *
DATE TODAY:
TIME TODAY: *
TIME TODAY: