Finish the waivers in a sport sign up to participate in a sports activity.
PLEASE READ CAREFULLY. BY SIGNING, YOU ARE GIVING UP YOUR AND/OR YOUR MINOR’S LEGAL RIGHTS.
In consideration for being allowed to participate in the services and activities, including but not limited to, airbowling, bocce ball, corn-hole, ping pong, or any other game located within Recess STL, the seating and bar area, and access to any other amusement activities (the “Activities”) provided by Recess STL, LLC and its agents, owners, officers, directors, principals, volunteers, clients, customers, invitees, employees, independent contractors, insurers, facility operators, premises owners, equipment owners or providers, and any and all other persons and entities acting in any capacity on its behalf (collectively “Recess STL”), on behalf of myself, and/or on behalf of my minor child/wards, and each of our heirs, assigns, next of kin, personal representatives and estate, and all other persons and entities who could in any way represent me or them or act on my or their behalf, I agree to the following:
1. Assumption and Acknowledgement of Risk. I am fully aware of the risks and hazards connected with the Activities, and I am aware that such Activities include the risk of injury. I hereby elect to voluntarily participate and/or let my child/ward participate in the Activities, knowing that the Activities may be hazardous and result in injury. I understand that Recess STL does not require me to participate in the Activities and I am electing to participate in the Activities on my own accord. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, which may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in the Activities, WHETHER CAUSED BY THE FAULT OR NEGLIGENCE OF RECESS STL or otherwise, to the fullest extent allowed by law
2. Release of Liability and Promise not to Sue. In consideration for receiving permission to participate in the Activities, I hereby COVENANT NOT TO SUE, RELEASE, WAIVE, AND DISCHARGE RECESS STL 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 the Activities, while in, on or upon the premises where the Activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE FAULT OR NEGLIGENCE OF THE RECESS STL, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law
3. Indemnification. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS RECESS STL from any loss, liability, damage, or costs, including court costs and attorneys' fees that Recess STL may incur due to my participation in the Activities, WHETHER CAUSED BY THE FAULT OR NEGLIGENCE OF RECESS STL or otherwise, to the fullest extent allowed by law.
4. Venue and Other Agreements. It is my express intent that this Release and Waiver of Liability 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, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RECESS STL. I hereby further agree that this Release and Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Missouri and that any mediation, suit, or other proceeding must be filed or entered into only in Missouri and the federal or state courts of Missouri. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Release and 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 agreement, have been made; I am at least eighteen (18) years of age or guardian of minor child and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.