PARTICIPANT AGREEMENT, RELEASE, AND ACKNOWLEDGEMENT OF RISK
In consideration of the services of L and L Sports, , Inc. their members, agents, officers, volunteers, participants, employees, and all other persons or entities acting in capacity on their behalf (hereinafter collectively referred to as “L AND L SPORTS, ”), I do hereby agree to release and discharge L AND L SPORTS, , on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that the game of basketball entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: Collision with fans and other participants, the walls or other fixed objects; falling down; my own equipment failure or the failure of other’s equipment; my own or other’s negligence; objects or conditions on the gym floor surface that may cause me to fall; break bones; sprains; head, neck and back injuries; abrasions; and bruises or even death.
Furthermore, L AND L SPORTS, volunteers have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness, abilities or limitations. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risk in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnity and hold harmless L AND L SPORTS, from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of L AND L SPORTS, and all rented facilities equipment or facilities, including such claims which allege negligent acts or omission of L AND L SPORTS, .
4. Should L AND L SPORTS, or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnity and hold harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage to myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs – of all risks that may be created, directly or indirectly, by any such condition.
6. In the event that I file a lawsuit against L AND L SPORTS, , I agree to do so solely in the state of Wisconsin, and I further agree that the substantive law of that state shall apply in this action without regard to the conflict of law rules of that state.
7. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect.
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