I, by accepting terms of this liability waiver, fully understand that Sports Activities (and similar such sports and training activities) are physically, mentally, socially and emotionally demanding and potentially severe injuries, permanent paralysis, brain damage, or death, can occur from Activities or merely being in the same vicinity as Activities while not participating, and protective equipment does not prevent all injuries. Additional risks include being struck by errant or misdirected sports equipment, loss or damage of personal property, slipping, falling, falling objects, colliding with others or equipment, or suffering of any type of accident or illness. Further risks include that Indoor Sports Project, LLC dba. The Yard (The Yard), its staff, and independent contractors might be unaware of Player’s health or ability and might give incomplete warnings or instructions, and the equipment being used might malfunction. Activities entail both known and unanticipated risks that cannot be eliminated without jeopardizing the essential qualities of the Activities. All risks and dangers may be caused by Participants' or Non-Participants' (collectively know as "Clients") own actions, or inactions, the actions or inactions of others participating in Activities, or the negligence of The Yard, its Members, officers, directors, employees, agents, independent contractors, or other representatives, whether paid or volunteer.
Being fully aware of these dangers and in consideration of being permitted to participate in Activities at 117 Westhampton Drive, Lexington, KY 40511 (Property), Clients (or if Clients are minors, then both Client and the parent or guardian signing on behalf of Client) does hereby release The Yard, its Members, officers, directors, employees, attorneys, agents, independent contractors, affiliates, heirs, executors, successors, and assigns (collectively
"Releasees") from all liability for any physical injury, death, illness, or damage to property that results, directly or indirectly from the use of Property by Clients and Client's guests or invitees in conducting such Activities. I further assume all risks of Client using the Property and engaging in Activities and agree to indemnify, save and hold Releasees harmless from any claims, loss, liability, attorneys’ fees, damage, or costs that Releasees (or any of the
before mentioned) may incur arising out of or related to the use of Property or engagement in Activities by Client or a guest or invitee of Client, whether caused by the negligence or breach of contract or strict liability of the Releasees or otherwise. This release and indemnification agreement include any and all claims, demands, debts, contracts, costs, loss of services, expenses and compensation, actions, causes of action, lawsuits, damages and liabilities, of every kind of nature, whether known or unknown, in law or equity, that Client had or may have, arising from or in any way related to use of the Property or engagement in Activities by Client or Client's guest or invitee.
I acknowledge and agree Client has a personal duty and responsibility to learn and follow the safety guidelines established by The Yard staff and will make The Yard aware at any point if Client questions their knowledge of these guidelines, or Client’s ability to participate. I declare, warrant and represent that Client’s participation in Activities is purely voluntary and Client elects to participate in spite of the risks and furthermore I assume the risk of any medical or physical or mental condition Client may have.
I confirm that Client is in good health, and has medical insurance that provides coverage while he or she is on the Property. I fully understand that The Yard staff are not physicians or medical practitioners of any kind. With the above in mind, I release The Yard staff to render first aid to Client in the event of any perceived injury or illness, and if deemed necessary by The Yard staff to seek medical and/or dental help, including transportation by a staff member of The Yard, or its representatives, whether paid or volunteer, to any healthcare facility or hospital, or the calling of an ambulance for Client if The Yard staff deems this to be advisable and further consent to any x-ray, exam, and medical and/or dental or surgical diagnosis that is deemed necessary in case of emergency. I hereby release, discharge and covenant not to sue for any negligent medical and/or dental efforts expended on behalf of Client. Additionally, I hereby agree to individually provide for all possible future medical and/or dental expenses that may be incurred by Client as a result of any injury sustained while at the Property.
I will pay to Indoor Sports Project, LLC dba. The Yard all costs and expenses, including reasonable attorney’s fees, incurred by The Yard in any action or proceeding or settlement, even without a suit having been filed, to which The Yard may be made a party by reason of Client's use of the Property.
The Yard will keep the Email address(es) private and not sell or share them with any other party without a court order. The invalidity of any portion of this Agreement shall not affect the force or effect of its remaining portions. In this Agreement, any references to a party includes that party’s parents, legal guardians, spouse, children, heirs, estate, executors, administrators, successors and assigns, and the singular includes the plural and the masculine includes the feminine.
CAUTION! THIS IS A RELEASE. READ CAREFULLY BEFORE SIGNING. AGREEMENT AND CONSENT OF PARENT OR GUARDIAN OF MINOR.
I have carefully read this Agreement and give my permission for my child or ward or myself to participate in Activities, and in consideration of allowing my child or ward or myself to participate in Activities, I agree individually and on behalf of my child or ward, to the terms of this Release, Waiver of Liability, and Assumption of Risk assuming all responsibilities and obligations of Client set forth herein and specifically agree to indemnify and hold the Releasees harmless and join in all waivers and releases. I agree to make my child or ward or myself aware of the possibility of injury and encourage Client to follow all the safety rules and Indoor Sports Project, LLC dba. The Yard Releasee’s instructions.