The Hoover Metropolitan Complex(hereafter referred to as the “HMC” and includes each and every area of the Hoover Metropolitan Complex, including but not limited to, all facilities, fields, equipment, associated sidewalks, and parking lots) is a multi-purpose sports and recreation center that provides an extraordinary menu of sports and activities for participants of all ages. Some of the activities offered at the HMC include instruction, leagues, tournaments, and facility rental for sports such as basketball, baseball, boxing, soccer, football, volleyball, lacrosse, and softball, fitness activities, individualized personal training, a variety of group fitness classes, parent/child classes, summer camps, birthday parties, field trips, corporate outings, team building, company picnics, climbing, rappelling, bouldering, belaying, spotting, slacklining, team building activities, rescue training and other activities on aerial equipment (collectively, the “Activities”). The required physical exertion for the Activities ranges from mild to very strenuous, depending upon the activity and the motivation of the participant; the required skill level ranges from beginner to highly skilled, depending upon the activity; and the competitiveness of the activity ranges from moderate to highly competitive. Therefore, the individual is able to select activities that fit his/her needs, abilities, and interests.
While the many benefits of the Activities are apparent, HMC and its staff regard participant safety as a top priority and feel it is important that the PARTICIPANT/PARENT (which refers to either an Adult Participant OR a Minor Participant and Parent/Guardian) understands that there are risks inherent in all physical activity and in participation in the Activities at the HMC. HMC takes great care to reduce the risks associated with the many physical activities offered at the facility. Among some of the precautions taken are the postings of various league and safety rules and warnings, training of supervisors on site, safety signage, utilization of trained referees, and having basic first aid materials on site.
However, regardless of the care taken to reduce risks and to avoid injuries, some risks are inherent in any physical activity and cannot be totally eliminated without changing the nature of the activity. A few examples of the many inherent risks include, but are not limited to, heat related illnesses; over-exertion; imperfect playing surfaces; failure to adhere to posted rules or warnings (Note: Coaches or supervisors are present for certain activities, but the Participant/Parent should have no expectation of supervision over an area or activity unless directly specified otherwise); collisions with objects or co-participants; falls to the playing surface; unexpected equipment failure or malfunction (e.g., obstacles, fitness equipment, pitching machines); careless or erratic acts by co-participants; errors in judgment/supervision of supervisors, other employees, or officials; and/or being struck by an object (e.g., ball, puck, bat, stick, boxer’s fist). There are also inherent risks that are specific to a sport – such as being kicked in soccer; being struck by a ball in lacrosse or softball; and body contact by a blocker in flag football. There are even risks at a child’s birthday party such as children running into others, swinging objects carelessly, playing in a reckless manner, and not following the rules. Likewise, in camps or team building activities, injuries can occur due to enthusiasm of participants or striving to win or achieve a goal.
HMC believes that it is important that the PARTICIPANT/PARENT understand that three types of injuries can occur to a participant in the Activities. Minor injuries are the most common and include, but are not limited to, muscle soreness, headaches, sprains, abrasions, and bruises. Serious injuries are less common, but do occur occasionally. They include, but are not limited to, broken bones, concussions, torn ligaments or cartilage, eye injuries, cuts, and internal injuries. Catastrophic injuries are very rare; but HMC feels that every PARTICIPANT/PARENT should be aware of the slight possibility. These injuries include permanent disability, brain injury, paralysis and even death.
WAIVER AND RELEASE - I understand that participating in the Activities at the HMC is a potentially hazardous activity and that I and/or the minor participant should not participate in the Activities unless I/the minor participant am/is medically able. I hereby certify that I/the minor participant am/is in good health and that I/the minor participant am/are physically able to participate in the Activities. Having read this waiver, knowing the facts stated herein, and in consideration of being given permission to participate in the Activities and to use the property, facilities, equipment, and services of HMC, today and on all future dates, I, the PARTICIPANT/PARENT, on behalf of the minor participant, myself, spouse, heirs, executors, administrators, personal or legal representatives, assigns and/or anyone entitled to act on my behalf (hereafter referred to as the “Releasing Parties”) do hereby waive, release, discharge and covenant not to sue HOOV SFM, LLC, the City of Hoover, Alabama, The Public Parks and Recreation Board of the City of Hoover, and all owners, directors, officers, officials, managers, employees, volunteers, independent contractors, agents, and equipment suppliers (hereafter referred to as the “Protected Parties”) from liability from any and all claims, liabilities, demands, and actions of every name, kind, and nature arising out of my participation in the Activities at HMC, even though the liability may arise out of negligence or carelessness on the Protected Parties. This agreement includes, but is not limited to, 1) personal injury (including death) from incidents or illnesses arising from my/the minor child’s participation in HMC Activities including, but not limited to: any recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; individual or group instruction; and individual use of all HMC facilities, and 2) any and all claims resulting from the damage to, loss of, or theft of my/minor participant’s property. I further agree to defend, indemnify and hold the Protected Parties harmless from each and every claim and liability that I/the minor participant may allege against the Protected Parties, including attorney’s fees and costs, as a direct and/or indirect result of injury and/or death to me/the minor participant because of my/the minor participant’s participation in the Activities, whether caused by the negligence of the Protected Parties or otherwise. This release includes all injuries and/or damages suffered by me/the minor participant before, during or after participation in the Activities. I recognize, intend and understand that this release is binding on my/the minor’s heirs, executors, administrators, or assignees.
This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in
HMC activities including, but not limited to: recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; individual or group instruction; as an observer or spectator; and individual use of all facilities. This applies to all facilities, fields, equipment, and all other premises including the associated sidewalks and parking lots and to 2) any and all claims resulting from the damage to, loss of, or theft of property.
Medical Treatment Authorization: I hereby authorize and grant permission to HMC staff to secure emergency medical treatment for myself or, if my minor child or ward is the Visitor, for the minor. I have insurance sufficient to cover medical costs that may be incurred and/or in any event I agree to be responsible for such costs. I represent that neither I nor the minor Visitor (if applicable) have any mental or physical condition that might create risks to ourselves or to others. I understand that HMC reserves the right to deny or terminate a Visitor’s participation in its Activities, in its sole discretion.
Photo and Video Release: I authorize HMC to take photographs and videos of me or the minor Visitor for any lawful purpose (e.g., publicity, web content) without compensation and agree that such photographs and video are the property of the Hoover Met Complex.
Governing Law; Severability; Continuing Validity: I, along with the Released Parties, agree that in any dispute, the laws of the State in which the applicable HMC facility is located shall govern this Agreement and that any action or claim relating in any way to this Agreement, Hoover Met Complex, the Activities, or any other dispute between a Released Party and a Visitor or Parent shall be brought solely in a court of competent jurisdiction in the county in which the applicable facility is located. The prevailing party in any such action or claim shall be entitled to recover its related costs including attorneys’ fees. I, along with the Released Parties, AGREE TO WAIVE MY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING related in any way to this Agreement, Hoover Met Complex, or the Activities. This Agreement shall be binding, to the fullest extent allowed by law, on all persons signing below, the minor child, if any, and their respective successors, heirs, executors, administrators and family members. It may not be altered. If any part of this document is deemed by a court of competent jurisdiction to be unenforceable the remainder shall nevertheless remain in full force and effect. I understand that each time I, or the minor Visitor, visits any HMC facility, then I, or the minor Visitor, shall be and remain bound by the terms and conditions herein; provided, however, that HMCt may require a modification or replacement agreement in the future as a condition to further visits to the Hoover Met Complex.
Acknowledgment of Understanding: I, the PARTICIPANT/PARENT, have read and understand this Agreement. I understand that I am giving up substantial rights, including the right of both the participant and the parent or guardian to sue for damages in the event of death, injury or loss. I, the PARTICIPANT/PARENT, acknowledge that I am voluntarily signing this agreement, and intend my signature to be a complete release of all liability, including that due to inherent risks or the ordinary negligence by the Protected Parties, to the greatest extent allowed by law of the State of Alabama.