WAIVER AND RELEASE OF LIABILITY YOU MUST BE 18 TO USE THIS WAIVER. IF UNDER 18 YOU NEED A PARENT TO FILL OUT THE WAIVER FOR YOU! THIS WAIVER IS VALID FOR 6 MONTHS AFTER SIGNATURE! READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS In consideration of Blue Line Mobile Gellyball (herein after referred to as Blue Line) furnishing services and/or equipment to enable me, or the minor(s) I am signing for, to participate in Gellyball, I agree as follows: AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Blue Line, or the employees, representatives or agents of Blue Line. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the game of Gellyball and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Blue Line for injury, loss or damage arising out of my or my family's use of Blue Line's services and equipment. INDEMNIFICATION. I agree to indemnify and defend Blue Line against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of Blue Line's services and equipment. FEES. I agree to pay for all damages to the equipment of Blue Line caused by any negligent, reckless, or willful actions by me or my family. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Texas law. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I acknowledge if I do not wish to sign this agreement then I may be offered a refund prior to the date of my event. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement. MEDICAL PERMISSION AUTHORIZATION If the participant is of minority age, the undersigned parent or guardian hereby gives permission for Blue Line to authorize emergency medical treatment as may be deemed necessary for the child named below while participating in Gellyball games from this date on. PHOTOGRAPHS. I understand that, pictures and or video may be taken by Blue Line staff or others, and I grant them the right to publish, and re-publish video, photographic portraits or pictures of me in which I may be included, in whole or in part. I understand that removing of safety glasses/goggles/ or mask is strictly prohibited while in the playable area. Removal of the safety glasses/goggles/ or mask by me or any minors I have signed for is grounds for immediate removal from the play field. I understand that violations of any of the Safety Rules gone over by Blue Line and it's Staff is grounds for immediate removal from the play field. I understand that Blue Line has the right to terminate my event at any time due mistreatment of it's employees or equipment. I understand that if Blue Line terminates my event, I am not subject to a refund in any amount. I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE BLUE LINE FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE. I FURTHER AGREE THAT I HAVE READ AND I WILL ADHERE TO ANY AND ALL SAFETY MEASURES AND RULES BLUE LINE HAS IN PLACE. I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS. |