ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT (“Agreement”) In consideration of being allowed to participate in any way in one or more Everplay Sport & Social Club – Knoxville or United Way of Greater Knoxville programs, related events, and activities specifically including but not limited to the Dodgeball Tournament scheduled for April 8, 2018, at Thompson-Boling Arena, (referred to herein as a “Everplay Knoxville Activity” or “Everplay Knoxville Activities” as the context requires), I acknowledge, appreciate and agree that:
1. General. Risks of Everplay Knoxville or United Way activities include, but are not limited to, injury to the head, neck or spine; injury to muscles, bones, ligaments, tendons and other connectivity tissues; injury to internal and external organs, loss of or damage to sight, hearing, or teeth; long or short term disability; loss of income, career opportunities or the enjoyment of life and; pain, and scarring or disfigurement. The causes of possible injury are many, including but not limited to: injury from bodily contact, incidental or inherent in the nature of the activity; slipping and falling or tripping on surfaces, regardless of physical or environmental conditions; injury from warming up, practicing or training for participation; injury due to supervision or lack of supervision by Everplay Sport & Social Club – Knoxville LLC employees or agent or United Way employees or agents including referees or officials, or to rules or regulations and instructions (or lack thereof) regarding the use of equipment or tools or to the nature of the activity itself, particularly in activities involving contact (or potential contact) with other persons, equipment or balls; or injury due to a disparity among other participants or teams with respect to experience level, strength, height, weight, age, ability, and the relative competitiveness or maturity of, between or among other participants; and malicious acts of other participants, regardless of whether Everplay Sport & Social Club – Knoxville, LLC or United Way had or should have had knowledge of the likelihood of malicious acts by such participant. The risk of injury from many of the activities is significant, including the potential for permanent paralysis and death, and while particular skills, rules, equipment, and personal discipline may reduce this risk, the risk of serious injury cannot be eliminated.
2. Assumption of Risk. I KNOWNGLY AND FREELY ASSUME ALL RISKS RELATED TO OR ARISING OUT OF ANY EVERPLAY KNOXVILLE OR UNITED WAY ACTIVITY, both known and unknown, EVEN IF ARISING OUT OF NEGLIGENCE OF THE RELEASEES (as defined in the next paragraph) or others and assume full responsibility for my participation.
3. Release from Liability. I, for myself and behalf of my heirs, assigns, personal representatives, next of kin and whomever else may have an interest either at common law or by operation of statute, HEREBY RELEASE, WAIVE, RELINQUISH, DISCHARGE AND COVENANT NOT TO SUE Everplay Sport & Social Club – Knoxville LLC, or UNITED WAY, nor any of either organization’s officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the Everplay Knoxville Activity (“Releasees”), FROM LIABILITY FROM ANY AND ALL CLAIMS FOR ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, SUSTAINED AS A RESULT OF, ARISING OUT OF OR RELATED TO ANY EVERPLAY KNOXVILLE or United Way ACTIVITY, to the fullest extent permitted by law.
4. Indemnity. I further agree to indemnify, defend, save, and hold harmless the Releasees from and against any and all claims, demands, liabilities, damages, actions, causes of action, losses, injuries, costs, or expenses, including attorneys’ fees, arising out of or in any manner connected with my participation in any Everplay Knoxville or United Way Activity, except to the extent caused solely by the willful misconduct of the Releasees. I acknowledge that the agreements made herein were and will continue to be material and important consideration and inducement to Everplay Sport & Social Club – Knoxville LLC’s or United Way’s admittance of me to any Everplay Knoxville or United Way Activity.
5. Representations and Warranties.
1. I represent and warrant I am in good physical condition and able to safely participate in any Everplay Knoxville or United Way Activity in which I participate.
2. I willingly agree to comply with the stated and customary terms and conditions for participation.
3. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.
4. I will not exceed my physical abilities during any Everplay Knoxville or United Way Activity.
5. I acknowledge that Everplay Sport & Social Club – Knoxville LLC or United Way have made no recommendations or determinations as to my fitness or ability to participate in any Everplay Knoxville or United Way Activity.
6. I represent and warrant that I shall periodically and as needed consult with my physician, and shall not engage in any activity which is more rigorous than that recommended by such physician.
7. I further agree that I will not use any equipment unless and until I have thoroughly familiarized myself with the correct use and operation thereof.
8. I further agree that I shall not participate in any activity if I am ill, in poor health, or have any condition which might make my participation in the activity dangerous to me or if I have reason to believe I am injured or may become injured.
9. I represent and warrant to Everplay Sport & Social Club – Knoxville or United Way, that I have full legal authority to complete this registration process and agree to this Agreement, and that I am above the age of 18, as verified by my Tennessee driver’s license or other valid identification, a copy of which is attached to this Agreement.
6. Severability. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Tennessee, or United Way, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
7. Photo Release. I further agree to allow Everplay Sport & Social Club – Knoxville to use photos that may contain my face for sales, marketing, and advertising purposes.
8. Acknowledgement of Alcohol Policy. I further agree to refrain from bringing and/or consuming alcoholic beverages at all venues where they are prohibited, including but not limited to all indoor and outdoor spaces owned by municipal Parks & Recreation departments and public schools.
9. I HAVE READ THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT, FULLY UNDERSTANDING ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, INCLUDING THE RIGHT TO SUE, AND SIGN IT FREELY AND VOLUNTARILY AND INTEND TO COMPLETELY AND UNCONDITIONALLY RELEASE THE EVERPLAY SPORT & SOCIAL CLUB – KNOXVILLE, LLC , AND UNITED WAY, FROM ALL LIABILITY IN CONNECTION WITH MY PARTICIPATION IN OR ATTENDANCE OF ANY EVERPLAY KNOXVILLE ACTIVITY.