Hauff Mid-America Sports, doing business as Dakota Sports, (hereinafter referred to as Dakota Sports) requires that every person participating in activities in or around the netted areas (hereinafter referred to as the Cage) must read the information below, in its entirety, and in acknowledgment of understanding of the information below, personally, or on behalf of their children and/or a minor for whom the person has guardianship of, sign this document before participating in any of the activities performed in or around the Cage. In consideration for allowing me and/or my child and/or a minor for whom I am guardian, to participate in the activities performed in the Cage, I hereby voluntarily and knowingly agree to these terms.
Acknowledgment of Risks: I acknowledge the activities performed in and around the Cage involve known and unknown risks, which could result in physical or emotional injury, including but not limited to: musculoskeletal injuries, broken bones, injuries caused by equipment that breaks or otherwise fails, medical conditions resulting from physical activity, temporary or permanent disability, or death. The risk associated with participating in and around the Cage include property damage. I acknowledge I appreciate the character of the risks and dangers involved.
Appreciation and Assumption of Risks: Having voluntarily and knowingly acknowledged the risks associated with participating in or around the Cage, I know expressly and voluntarily accept and assume all such risks, including the risks that may be caused by the negligence or omissions of Dakota Sports and their staff. I knowingly choose to voluntarily participate in activities in and around the Cage and I elect to participate despite knowing and appreciating such risks and dangers.
Release of Liability and Indemnification: On behalf of myself and/or my child's behalf and/or on behalf of a minor for whom I am guardian, my heirs and my child's heirs, my next of kin and my child's next of kin, my successors in interest and my child's successors in interests, my personal representatives and my child's representatives, I hereby:
A. Waive any claim or cause of action against, release from liability, and forever discharge Dakota Sports, its owners, officers, employees and agents, for any liability for injuries to my person or property resulting from participation in activities in and around the Cage.
B. Agree to indemnify and hold harmless Dakota Sports, its officers, owners, employees and agents for any claims, causes of action, or liability for injuries to any other person or property resulting from my or my child's and/or a minor for whom I am guardian's participation in and around the Cage.
I acknowledge that I have consulted with my physician and I/my child and/or a minor for which I am guardian of am/is in proper health and physical condition to participate in activities in and around the Cage.
I certify that, to the best of my knowledge, I/my child and/or a minor for whom I am guardian have no preexisting physical condition that may result in danger to myself, or others, through the participation in all activities in and around the Cage, or physical contact with others. I/my child and/or a minor for whom I am guardian agree to follow any and all rules and instructions both written and verbal, as stated by the Dakota Sports staff.
Authority to Photograph/Video: I acknowledge Dakota Sports may film, record or photograph participants in and around the Cage, and I hereby give my permission for Dakota Sports to use my image, name and voice and my child's image, name and voice in all such films, recordings and photographs taken by Dakota Sports without receipt of compensation. I further agree and understand all intellectual property rights to such film, recordings and photographs taken in connection with my or my child's participation in and around the Cage is and will be the property of Dakota Sports.
Severability: I agree that if a court of competent jurisdiction finds any portion of this agreement void or unenforceable, the remaining portions will remain in full force and effect.