The activities at Lions Den Sports, LLC d/b/a Bradley Sports Center and Chicago Baseball Academy, LLC d/b/a Lil Sluggers Chicago (all of whom are hereafter referred to as “FACILITY”) regard participant safety as a top priority and feel it is important that the participant (and parent/guardian) understand that there are risks inherent in the activity regardless of the care taken by FACILITY. Three types of injuries can occur at FACILITY. Minor injuries are the most common and include, but are not limited to, muscle soreness, headaches, and bruises. Serious injuries are less common, but do occur occasionally. They include, but are not limited, to broken bones and internal injuries. Catastrophic injuries are rare; but FACILITY feels that participants should be aware of the slight possibility. These injuries include paralysis and even death.
1. Assumption of Risks. I, the Adult Participant [or Minor Participant and Parent(s) or Guardian(s)], (hereafter referred to as Participant/Parent) understand that all activities of FACILITY include risks that cannot be totally eliminated regardless of the care taken by FACILITY. Participant/Parent 1) knows, 2) understands, and 3) appreciates the types of injuries inherent in FACILITY activities. By signing this Assumption of Risk – Waiver of Liability – Indemnification Agreement (this “Agreement”) Participant/Parent hereby knowingly assumes all risks of the activity at FACILITY.
2. Waiver of Liability for Ordinary Negligence. In consideration of permission to use the property, facilities, equipment, and services of FACILITY, Participant/Parent, on behalf of myself, heirs, personal representatives, and assigns (“RELEASING PARTIES”) do hereby waive, release, discharge and covenant not to sue FACILITY, its owners, directors, officers, employees, volunteers, independent contractors, agents and equipment suppliers (“the PROTECTED PARTIES”) from liability from any and all claims arising from the ordinary negligence of the PROTECTED PARTIES.
3. Term and Scope of Agreement. This Agreement applies to the use of the FACILITY today and on all future dates within one (1) year of today. On the one-year anniversary (or such earlier date as the FACILITY decides in its sole discretion), you will be required to sign another form of agreement to renew these commitments for another year. This Agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in FACILITY activities including, but not limited to: recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; tests, classes, and instruction; observers or spectators; individual use of facilities, equipment, shower/locker room areas, and all premises including the associated sidewalks and parking lots (collectively, the “ACTIVITIES”) and to 2) any and all claims resulting from the damage to, loss of, or theft of property.
4. Indemnification. Participant/Parent also agree to hold harmless, defend, and indemnify FACILITY (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees, and related expenses) from any and all claims of RELEASING PARTIES arising from participation in ACTIVITIES, (including those arising from the inherent risks of the activity or the ordinary negligence of PROTECTED PARTIES). Participant/Parent further agree to hold harmless, defend, and indemnify FACILITY against any and all claims of co-participants, rescuers, and others arising from the conduct of the participant in ACTIVITIES.
5. Authority for Child. If this Agreement is being signed by a parent on behalf of a child under the age of 18, I hereby represent to FACILITY that I the full right, power and authority to enter into and execute this Agreement and to grant all rights, waivers, and acceptance of risk and obligations under it with respect to my child. If I no longer have such authority during the term that this Agreement is effective, I agree to notify the Facility immediately.
6. Miscellaneous Provisions. Participant/Parent agree that: 1) this Agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between me and FACILITY and cannot be modified or changed in any way by representations or statements by any agent or employee of FACILITY; 2) this Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Illinois and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect; and 3) if legal action is brought, the appropriate trial court for the County of Cook in the State of Illinois has the sole and exclusive jurisdiction and that only the substantive laws of the State of Illinois shall apply.
7. Acknowledgment of Understanding: Participant/Parent have read and understand this Agreement. I understand that I am giving up substantial rights, including the right of the Participant/Parent to sue for damages in the event of death, injury or loss. I acknowledge that I am voluntarily signing the agreement, and intend my signature to be a complete release of all liability, including that due to ordinary negligence by the PROTECTED PARTIES, to the greatest extent allowed by law of the State of Illinois.
Today's Date: January 28, 2020