The Island Waiver and Release
In consideration of services received, the undersigned for himself/herself, and his/hers heirs and assigns, hereby releases VOTR, its directors, agents, employees, servants and assigns, from any and all liability for claims, demands or actions or causes of actions whatsoever, whether known or unknown, arising out of any damages, loss, injury or death to undersigned or undersigned's property, while undersigned participates in indoor/outdoor volleyball play organized and offered by VOTR regardless of whether such loss, damage or injury results from negligence of VOTR, its directors, employees, servants, agents or assigns.
The undersigned recognizes that there are inherent risks, which are significant risks, associated with the playing of indoor/outdoor volleyball. Knowing of these inherent risks, the physical exertion and rigors, and the significant risk of physical injury (including, but not limited to, knee injuries, head injuries, back injuries, foot injuries, and internal injuries) involved with indoor/outdoor volleyball, the undersigned certifies that he/she is at least eighteen years of age, in good physical health, and fully capable of participating in the rigorous activities and conduct associated with indoor/outdoor volleyball. By choosing to play indoor/outdoor volleyball, the undersigned hereby assumes full responsibility for him/herself for any and all bodily injury, death, loss of personal property, and expenses (including, but not limited to, ambulance services, medical fees and costs and attorney fees) which may occur as a result of playing indoor/outdoor volleyball. The undersigned expressly acknowledges, and assumes the risk for, all dangerous conditions associated with the playing of indoor/outdoor volleyball (including, but not limited to, playing field conditions and playing field surfaces which includes grass, sand, dirt or bare ground). Further, the undersigned, releases VOTR, its directors, agents, employees, servants and assigns, from any obligations, duties or expectations to provide any and all notice or warning as to the existence of such conditions, including playing field conditions, damage to the playing field including grass, sand, and bare ground, unpredictable play or behavior from other volleyball players, and weather conditions.
The undersigned acknowledges that the playing of indoor/outdoor volleyball, as well as the setting up of equipment used to play indoor/outdoor volleyball, involves the inherent risk of personal injury to any person or groups of persons, and the undersigned acknowledges that the playing of volleyball, and the setting up of equipment for playing volleyball, irrespective of the skills of the undersigned or other participants wishing to play indoor/outdoor volleyball, involves behavior which is unpredictable and not controllable by VOTR, its directors, agents, employees, servants, or assigns. Undersigned expressly assumes such risk, and waives any claim for negligence on the part of VOTR, its directors, agents, employees, servants, and assigns with respect to foreseeing, controlling or abating unpredictable behavior or negligent behavior on the part of other volleyball participants and/or spectators.
VOTR provides some, but by no means all, equipment necessary for playing indoor/outdoor volleyball. VOTR provides a net, boundary-marking ropes, aluminum, steel or wood poles and ropes used to set up the net, and metal stakes and a hammer used to set the poles into the ground. VOTR provides no warranty, either expressed or implied, as to either the completeness of the equipment for purposes of volleyball play, or the fitness of the above-stated equipment, and undersigned waives any and all claims as to breach of express or implied warranty for fitness; further, undersigned expressly assumes the risk of playing with and handling of volleyball equipment listed above, recognizing that there is risk of personal injury associated with working with, setting up or playing with such equipment, including the risk of lightning strikes as the equipment described in this paragraph will attract lightning. VOTR does not warrant the safety of the equipment, and undersigned assumes all risk associated with such equipment.
The playing of indoor/outdoor volleyball includes inherent risks with respect to varying weather conditions and undersigned acknowledges that weather is unpredictable. Undersigned assumes all risks associated with weather-related accidents or occurrences while playing indoor/outdoor volleyball and releases VOTR, its directors, agents, employees, servants, and assigns from any liability for claims, demands, actions, or causes of actions whatsoever, arising out of weather-related occurrences, (including, but not limited to, heat stroke, sun stroke, sunburn, lightning, hail, snow, wind or wind-blown objects, rain, tornadoes, standing water, wet hills, wet grass, wet sand or wet ground, holes in the playing field, trees or tree limbs falling and any other natural occurrence or disaster).
Your signature, on this waiver and release form, indicates you have read and understand this waiver of liability, understand its contents clearly, and have signed it voluntarily.
Waiver & Release (I HAVE READ THIS WAIVER AND RELEASE COMPLETELY AND UNDERSTAND ITS CONTENTS FULLY. I AM SIGNING THIS WAIVER AND RELEASE VOLUNTARILY)
Manager/Captain/Players/Drop-In Indemnification Agreement: Manager/Captain/Players/Drop-In shall indemnify and hold harmless Volleyball Of The Rockies d.b.a. The Island (hereafter referred to as VOTR) from and against all claims, liabilities, causes of action or other legal proceedings stemming from claims of negligence against VOTR or any other claim in tort or contract, by any Manager or third party whom Manager allows to participates in VOTR activities, for damage to property, injury or death of any person or persons in any way arising out of, connected to, or resulting from Manager allowing that third party or team member to participate in VOTR activities, including playing indoor or outdoor, in a confined space which might include running into equipment, beach furniture, or other players, as well as, being hit by volleyballs or slipping on a wet surface in the foot wash area while at the Island, without first signing a VOTR Waiver and Release form (such form shall be made immediately available upon request from VOTR Manager). Indemnification shall include the obligation to defend any and all actions, claims, or other legal proceedings and to reimburse VOTR for all expenses, including costs and attorney's fees incurred in connection therewith, regardless of whether such claims arose out of negligence of VOTR, its directors, agents, employees, servants, or assigns. Outside food/beverage is not allowed at the Island/Oasis facilities. Any person introducing alcohol into our facilities will be suspended from all VOTR programming. I grant Volleyball of the Rockies (VOTR) and its subsidiaries, the right to take photographs/video of me in connection with the above-identified event. I authorize VOTR, its assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that VOTR may use such photographs/video of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing.
Volleyball of the Rockies, Inc. dba The Island (VOTR) has put preventative measures in place to reduce the spread of COVID-19; however, VOTR cannot guarantee that you will not become infected with COVID-19. Further, playing volleyball could increase your risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to, or infected, by COVID-19 by playing volleyball at The Island and that such exposure or infection may result in personal injury, illness, permanent disability and death. I understand that the risk of becoming exposed to or infected by COVID-19 at The Island may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Island employees, other players or guests.
I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of The Island, its employees, agents and representatives, whether a COVID-19 infection occurs before, during, or after participation in any VOTR programming.