Liability Waiver Form & Covid 19 Waiver
Liability Waiver
For and in consideration of the mutual promises contained herein, and in further consideration of my participation in and/or viewing events at Creative Influences, LLC, doing business as PowerPlex Athletic Center I do hereby contract and agree with Creative Influences, LLC, doing business as PowerPlex Athletic Center North Carolina, and confirm the following:
I am fully aware of the risks and hazards connected with the participation and attendance of events at Creative Influences, LLC, doing business as PowerPlex Athletic Center North Carolina, including physical injury or even death, and hereby elect to voluntarily participate/attend said events, knowing that the associated activities may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OR LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or loss or damage to property owned by me, as a result of participation/attendance in these events. I am also fully aware of all of Creative Influences, LLC, doing business as PowerPlex Athletic Center policies and procedures. The policies are as follows: Cancellations that do not occur within 24 hours of the booked session will result in full payment to Creative Influences, LLC, doing business as PowerPlex Athletic Center. There will also be a 15 minute drop off and pick up policy in place. I understand that 15 minutes after the session is over and I have not vacated the PowerPlex Athletic Center I will be charged $1 for each minute I remain on the premises.
I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, Creative Influences, LLC, doing business as PowerPlex Athletic Center North Carolina, its officers, servants, agents, and employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in events at Creative Influences, LLC, doing business as PowerPlex Athletic Center North Carolina, or while on or upon the premises where the events are being conducted.
It is my expressed intent that this release and hold harmless agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVE, DISCHARGE, and CONTRACT NOT TO SUE the above named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be constructed in accordance with the laws of the State of North Carolina.
In signing this release, I acknowledge and represent that I HAVE READ THE FORGOING Waiver of Liability and Hold Harmless Agreement, UNDERSTAND IT AND SIGN IT VOLUNTARILY as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreements have been made; and I EXECUTE THIS RELEASE FOR FULL, ADEQUATE AND COMPLETE CONSIDERATION FULLY INTENDING TO BE BOUND BY SAME.
COVID 19 Waiver
In consideration of being allowed to participate in any way in Power Basketball the undersigned acknowledges, appreciates, and agrees that:
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release, waive, discharge, and hold harmless Creative Influence LLC, DBA Power Basketball, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“Releasees”), with respect to any and all injury and illness, COVID-19 infection, disability, death, or loss or damage to person or property, whether arising from negligence of the releasees or otherwise, to the fullest extent permitted by law.
I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releasees or others, and assume full responsibility for my participation; and,
The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and,
I understand the hazards of the novel coronavirus ("COVID-19") and am familiar with the Centers of Disease Control and Prevention ("CDC") guidelines regarding COVID-19. I acknowledge and understand that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates; and,
Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in Activities; and,
I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the premises and participating in the Activities and hereby release, waive, discharge, and covenant not to sue Creative Influence LLC, DBA Power Basketball, their owners, officers, directors, agents, employees and assigns (the "Releasees") from any liability related to COVID-19 which might occur as a result my being on the premises and participating in the Activities; and:
I shall indemnify, defend and hold harmless the Releasees from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsover (including, without limitation, attorneys' fees, costs and disbursements, whether or in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury; and:
I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, 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; and,
I have read this release of liability and assumption of risk agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement.
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