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KUBE SPORTS COMPLEX LLC  (THE KUBE)

ICE KUBE LLC, AIR KUBE LLC, 

STELLA ANN’S LLC, UP 4 ONE LOUNGE LLC

HAMMOND, INDIANA

WAIVER OF LIABILITY, RELEASE AND INDEMNIFICATION AGREEMENT

I, the undersigned, individually and/or as the parent or guardian of the minor child/children (collectively “child”) identified below will be participating in recreational activities, including but not limited to: ice hockey and/or ice skating and/or trampolining and/or climbing and/or ninja course ( collectively “activity(ies)”) at the Kube Sports Complex in Hammond, Indiana (“The Kube”), beginning on the date this document is signed. I acknowledge that my participation and/or my child’s participation in an activity(ies) is totally voluntary. In consideration of the Kube Sports Complex LLC’s and any of its affiliates, agreement to permit me and/or my child to participate in the activity(ies) at the Kube, the receipt and sufficiency of such consideration is hereby acknowledged, I do hereby agree to the following:

1.    I, individually, and/or on behalf of my child and our respective heirs, successors, assigns and personal representatives, hereby release and forever discharge The Kube and its employees, agents, members, officers and representatives (in their individual and official capacities) from any and all liability whatsoever, for any and all damages, injuries or losses (including death, emotional distress or mental anguish) to myself, and/or my child and my property and/or the property of my child, including but not limited to any claims, demands, causes of action, damages, losses, costs, expenses (including hospital, medical and dental expenses) and/or attorney’s fees, which arise out of, occur during, or result from my and/or my child’s participation in the aforementioned Activity, including my and/or their travel to or from the Kube and including without limitation or reservation, any claim, loss, suit or demand that my child might assert once they attain the age of majority.

2.    I, individually, and/or on behalf of my child and our respective heirs, successors, assigns and personal representatives, hereby agree to defend, indemnify and hold harmless The Kube and its employees, agents, members, officers and representatives (in their individual and official capacities) from any and all liability, loss or damages incurred or sustained (including injury or damage to persons and/or property) as a result of any claims, demands, causes of action, damages, losses costs, expenses (including hospital, medical and dental expenses) and/or attorney’s fees, which arise out of, or relate to my and/or my child’s participation in the aforementioned activity(ies), including their travel to or from the Kube.

3.    I agree that this Waiver of Liability, Release and Indemnification Agreement (“Agreement”) shall be governed by the laws of the State of Indiana and is intended to be as broad and inclusive as legally permitted. If any portion hereof is deemed to be invalid, it is agreed that the remaining terms and conditions shall, notwithstanding, continue in full force and effect. In the event of any cause of action related to or arising from the Activity, I agree that jurisdiction lies with the Superior Court of Lake County, Indiana or the United States District Court for the Northern District of Indiana, Hammond Division.

4.    I hereby acknowledge and accept that there are certain risks, known and unknown, including bodily injury and death, that are inherent in my and/or my child’s participation in activity(ies). I, on my own behalf and on behalf of my child, have knowingly and voluntarily decided to assume the risks of these inherent dangers in consideration of The Kube permission to allow my participation and/or my child’s participation in the aforementioned activity(ies). I hereby release and discharge The Kube from any and all negligence, excluding The Kube sole negligence, in connection with my participation and/or my child’s participation in the activity(ies), including travel to and from the Kube. I hereby acknowledge and agree that The Kube may permit me and/or my child to engage in any activity(ies) at the Kube and that I assume sole responsibility for preventing me and/or my child from engaging in any activity(ies) in which I do not want to participate and/or want my child to participate.

5.    I hereby agree that, if I and/or my child engages in any activity(ies) at the Kube, I shall have sole responsibility for ensuring that I and/or my child will wear at all times all protective equipment required by the Kube for such activity(ies), including a helmet that meets the USAA Hockey and or Figure Skating  requirements. I and/or my child also agree to abide by the Kube’s rules and regulations, including the verbal directions of the Kube’s staff. I hereby acknowledge that if I and/or my child are non-compliant with any such requirements, rules, regulations and/or directions, that may result in (a) my/our ejection from the Kube on the dates(s) on which I am and/or we are found to be in violation or (b) my and/or my child’s permanent expulsion/exclusion from the Kube. I understand that the Kube is a privately-owned facility and has the sole authority and discretion to determine whether I and/or my child are able to (a) enter the Kube or (b) participate in any Activities conducted therein.

6.    I hereby state that, as the parent or guardian of any child identified herein, I have the right and authority to (a) execute this Agreement and (b) permit their participation in the activity(ies) at the Kube. It is understood that in executing this Agreement, the terms of the document apply in the same manner to each child, if any, and me identified below.

7. By signing this agreement, I acknowledge that my presence at Kube Sports Complex may expose me to contagious and/or infectious diseases, viruses, or other illnesses, including but not limited to COVID 19, and voluntarily assume the risk that my child(ren) and I may possibly be infected by said diseases, viruses, or illnesses; and that such exposure or infection may result in personal injury, illness, permanent disability, loss of income, and/or death. I understand that the risk of exposure may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Kube personnel, employees, volunteers, spectators, program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself.

8.    BY SIGNING THIS WAIVER, RELEASE AND INDEMNIFICATION AGREEMENT, I HEREBY ACKNOWLEDGE AND REPRESENT THAT I HAVE READ AND INITIALED THIS ENTIRE DOCUMENT, THAT I UNDERSTAND ITS TERMS AND PROVISIONS, AND I UNDERSTAND THAT IT AFFECTS OUR RESPECTIVE LEGAL RIGHTS, THAT IT IS A BINDING AGREEMENT, AND THAT I HAVE SIGNED IT KNOWINGLY AND VOLUNTARILY.

BY SIGNING THIS WAIVER, RELEASE AND INDEMNIFICATION AGREEMENT, I HEREBY ACKNOWLEDGE AND REPRESENT THAT I HAVE READ AND INITIALED THIS ENTIRE DOCUMENT, THAT I UNDERSTAND ITS TERMS AND PROVISIONS, AND I UNDERSTAND THAT IT AFFECTS OUR RESPECTIVE LEGAL RIGHTS, THAT IT IS A BINDING AGREEMENT, AND THAT I HAVE SIGNED IT KNOWINGLY AND VOLUNTARILY.

 

Please Note: All information must be complete.

Today's Date: April 25, 2024


First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Photo Release

I hereby grant permission to Kube Sports Complex LLC (The Kube) and its respective partners, officers, employees, agents, representatives, successors, licensees and assigns (collectively "The Kube") to photograph or record my images, likeness, or depiction and/or that of my minor children, if applicable. 

I hereby grant permission to The Kube to edit, crop, or retouch such photographs and recordings, and waive any right to inspect any of my photographs or recordings. I hereby consent to and permit photographs or recordings of me and/or those of my minor children to be used by The Kube worldwide for any purpose, including promotional and advertisement purposes, and in any medium, including print and electronic. 

I understand that The Kube may use such photographs and recordings with or without associating names thereto.I further waive any claim for compensation of any kind for their use or publication of photographs and recordings of me and/or those of my minor children, if applicable.

Please check to note your acceptance of the photo release terms. *
Agree
Disagree
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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