WAIVER, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT
This Waiver, Release of Liability, and Assumption of Risk Agreement (“Agreement”) is entered into by the undersigned individual (“I,” “me,” or “Participant”) in favor of TheCricketGully LLC, a Minnesota limited liability company doing business as CrossBat Indoor Cricket Arena (the “Company”), located at 3150 County Road 42 West, Burnsville, Minnesota (the “Facility”).
PARTICIPATION AND CONSIDERATION
I desire to voluntarily participate in sports and recreational activities at the Facility, including but not limited to indoor cricket, indoor soccer, gym usage, and related events or programs (collectively, the “Activities”). In consideration of being permitted to access and use the Facility and participate in the Activities, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I agree to the terms set forth herein.
ASSUMPTION OF RISK
I understand that participation in the Activities involves inherent and foreseeable risks, including but not limited to physical injury, illness, disability, property damage, and even death. I voluntarily assume all risks, whether known or unknown, associated with my participation in the Activities and use of the Facility, including risks arising from the negligence of the Company and its owners, officers, directors, employees, agents, volunteers, sponsors, affiliates, and landlords (collectively, the “Releases”).
RELEASE AND WAIVER OF LIABILITY
To the fullest extent permitted by law, I, on behalf of myself, my heirs, executors, administrators, personal representatives, assigns, and next of kin, hereby RELEASE, WAIVE, DISCHARGE, AND HOLD HARMLESS the Releases from any and all claims, demands, actions, causes of action, damages, losses, liabilities, costs, or expenses (including attorneys’ fees) arising out of or relating to any injury, illness, death, or property damage that may occur as a result of my participation in the Activities or presence at the Facility, whether caused by the negligence of the Releasees or otherwise.
INDEMNIFICATION
I agree to indemnify, defend, and hold harmless the Releasees from and against any and all claims, demands, causes of action, losses, liabilities, and expenses, including attorneys’ fees and court costs, arising from or related to: (a) my participation in the Activities, (b) my use of the Facility, or (c) any violation of this Agreement.
MEDICAL TREATMENT
I authorize the Company and its representatives to secure emergency medical treatment on my behalf if deemed necessary, and I accept full responsibility for any associated costs and expenses.
EQUIPMENT AND FACILITY USAGE
I agree to use all equipment and facilities responsibly and in accordance with all posted rules and staff instructions. I understand that the Company is not responsible for lost, stolen, or damaged personal property
CODE OF CONDUCT
I agree to conduct myself in a respectful and sportsmanlike manner at all times. The Company reserves the right to deny access or remove any individual who engages in unsafe, inappropriate, or disruptive behavior without refund or compensation.
PHOTO AND VIDEO RELEASE
I grant the Company the irrevocable right to use photographs, videos, and other media of me taken during my participation in the Activities for promotional, advertising, or other lawful purposes, without compensation.
MINOR PARTICIPANTS
If this Agreement is signed on behalf of a minor Participant, I certify that I am the parent or legal guardian of the minor and that I have legal authority to enter into this Agreement on their behalf. I agree to all terms herein on behalf of the minor and agree to indemnify the Company for any claims brought on behalf of the minor.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any disputes arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located within Dakota County, Minnesota, and the parties consent to such jurisdiction.
ACKNOWLEDGMENT OF UNDERSTANDING
I acknowledge that I have read this Agreement carefully, understand its terms, and agree to be bound by its provisions. I acknowledge that I am voluntarily giving up substantial legal rights, including the right to sue the Company and the Releasees. No oral representations, statements, or inducements apart from this written Agreement have been made to me
DATA USE AND STORAGE
I acknowledge that, by signing this waiver, I will be added to the Company’s system, and my personal information may be stored and used for operational, safety, and communication purposes, in compliance with applicable privacy laws and policies.
CANCELLATION POLICY
I acknowledge that I have read and understand the Company’s cancellation, rescheduling, and refund policies, and I agree to abide by them. I understand that failure to cancel or reschedule within the required time frame may result in forfeiture of fees or other penalties as outlined in the Company’s policy.
FACILITY RULES AND POLICIES
I agree to comply with all posted rules, safety procedures, and instructions provided by the Facility staff. I understand that failure to follow such rules and policies may result in removal from the Facility, suspension from activities, or termination of my access privileges, without refund.policy.
Participant Information
Participant’s Name (Printed): ______________________________________
Signature: ______________________________________ Date: _______________
Email: ______________________________________
Phone: ______________________________________
If Participant is a Minor:
Parent/Guardian Name (Printed): ______________________________________
Parent/Guardian Signature: ______________________________________ Date: _______________
