WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
In consideration for receiving permission to participate in sports and other activities at MADFROG facilities, including but not limited to MADSPORTS LLC, MAD FROG LLC, MADSAND LLC, and The Pond Restaurant LLC(hereinafter referred to as “MADFROG”), I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE MADFROG or associated entities, as well as their directors, officers, agents, servants, employees, coaches or volunteers (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, lawsuits, actions and causes of action whatsoever arising out of or related to loss, damage, or injury, including death that may be sustained by me or my child, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise, while participating in such sports or activities, or while in, on or upon the premises where the activity is conducted.
I HEREBY FURTHER AGREE AS FOLLOWS:
- I am fully aware of the risks involved and the hazards connected with any activity, participation in, attendance for, but not limited to games, teamplay, exercise, volleyball, or any other sporting or physical events of any kind (hereinafter collectively referred to as “activities”). I hereby elect to voluntarily participate in said activity with full knowledge that said activities may be hazardous to me, my child or ward (hereinafter “child”) and/or our property. I further understand that participation at MADFROG is risky and sometimes dangerous, and that risk of injuries include, but are not limited to, cuts, sprains, dental injuries and even more serious injuries, such as broken bones, dismemberment, paralysis or death. Risks can also arise from the negligence of other participants. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH that may be sustained by me or my child, or any loss or damage to property owned by me, as a result of being engaged in such activity, whether caused by the negligence of releasees or otherwise. I also understand that there are no express or implied warranties that shall apply, other than those expressly set forth in this agreement.
- TO WAIVE ANY AND ALL CLAIMS for personal injury, death, and/or property damage of any kind that I or my child may have against MADFROG. With the full understanding of the risks stated above I, for myself and my child, hereby release, hold harmless, and indemnify from lawsuits MADSAND LLC, The Pond Restaurant LLC, MADSPORTS LLC, MAD FROG LLC and the owners, officers, directors, managers, coaches and trainers of such entities, and their heirs, successors and assigns, in connection with the participation of myself and/or my child in activities at MADFROG.
- It is my express intent that THIS WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT SHALL BE EFFECTIVE AND BINDING on myself, my child, my spouse, and the heirs, next of kin, executors, administrators, successors and assigns of myself and/or my child in the event of personal injury including death, illness and/or property damage.
- I ADDITIONALLY AGREE that I and my child will comply with any and all of MADFROG’s rules, guidelines, and safety procedures, both written and unwritten. I understand that failure to comply with rules and guidelines may result in my child being removed from MADFROG. Should this happen, I will be contacted to pick up my child. I also agree that if I observe or become aware of any concerns in my child's readiness for participation and/or in the program itself, I am obligated to remove my child from participation, and immediately inform the nearest official or instructor.
YOU ARE THE OPERATOR: I, for myself and my child, have read and understand the safety rules and agree to operate machinery at my own risk. I understand that the failure of myself or my child to follow these rules may result in injury or death.
I further understand that THE POND RESTAURANT LLC SERVES ALCOHOLIC BEVERAGES and is located on MADFROG premises. Alcoholic beverages will only be served to adults with valid identification.
MEDICAL CONDITIONS/ INSURANCE/ EMERGENCY MEDICAL TREATMENT
I HEREBY CERTIFY THAT neither I nor my child have medical conditions that would preclude us from attending or participating in MADFROG activities. I further certify that my child and I have medical insurance, or if there is a lack of medical insurance, I agree to personally assume any and all medical expenses (including future medical expenses) resulting from me or my child’s attendance or participation in MADFROG activities.
In the event of a medical emergency, I HEREBY AUTHORIZE and grant consent to MADFROG to secure from any hospital, ambulance, clinic or physician any treatment or exams deemed necessary for me or my child’s immediate care.
I HEREBY GRANT MADFROG and any of its affiliated companies or other entities with permission to any use all photographs, images, video recordings, or similar electronic reproduction of any sort (hereafter “video”) taken at any of its facilities, locations, or outside tournament venues. This grant also extends to MADFROG having exclusive control, possession, and, ownership of the video and all copyright, service mark, trademark, or trade secret ownership including what may be posted on MADFROG website, or any MADFROG or Participant’s Facebook, Instagram or any other social media outlet. As regards to any video so made, I agree to waive any claim to compensation of any kind for the use of said video.
I, on behalf of myself, my spouse, my child, our heirs, assigns, personal representatives and next of kin, HEREBY INDEMNIFY AND HOLD HARMLESS MADFROG and all of its affiliates and releasees from any and all liabilities related to me and/or my child’s involvement or participation in these programs, EVEN IF ARISING FROM MADFROG’s NEGLIGENCE, to the fullest extent permitted by Texas law. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
All disputes of any nature in contract or in tort shall be submitted to the American Arbitration Association for a three-lawyer panel, with Texas law being used for interpretative purposes. Each side shall be responsible for its own attorney’s fees and costs, and no fee shifting shall occur to the losing party.
By signing this waiver, I certify that I am at least eighteen (18) years of age and fully competent; and I am the participant and/or the legal parent or guardian of the child for whom I am signing. If I am not the parent or legal guardian of the child, I have the express permission of the child’s legal parent or guardian to sign on their behalf. I understand this waiver will remain in effect for a full calendar year from the date of signing.