Today's Date: February 8, 2023
To induce Rock Creek Sports, Inc. (“RCS”) and Trimax Boat and RV Storage ("TBRS"), to permit me to be on its premises for the purposes of engaging in the use of batting cages, workout space, or other athletics-related activities (collectively, the “Activities”), I hereby promise, covenant, and agree as follows:
(1) I acknowledge that I am aware of the potential dangers and risks involved in participating in the Activities, including, but not limited to, serious physical injury or death, which may result from my acts or omissions, the acts or omissions of others, or conditions existing on the premises operated by RCS and TBRS where I intend to participate in the Activities (the “Premises”). I further acknowledge that there may be other potential dangers or risks associated with participating in the Activities on the Premises that are not currently know to me or readily foreseeable. I hereby accept all such dangers and risks and any consequences that may arise from the same, including, but not limited to, any and all damages, losses, costs, or expenses that I may incur as a result of my participation in the Activities, and attest that I believe that I am physically capable of participating in the Activities and qualified to do so.
(2) I HEREBY WAIVE, DISCHARGE, AND RELEASE RCS AND TBRS AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND VOLUNTEERS; ANY OTHER PARTICIPANTS IN THE ACTIVITIES; THE OWNERS OF THE PREMISES; AND ANY SPONSORS OR ADVERTISERS OF ACTIVITIES THAT I MAY PARTICIPATE IN ON THE PREMISES (COLLECTIVELY, THE "INDEMNITEES"), UNCONDITIONALLY AND IN FULL, FROM ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, DEMANDS, CAUSES OF ACTION, COSTS, LOSSES, OR EXPENSES, INCLUDING ANY REASONABLE ATTORNEYS’ FEES OR LITIGATION COSTS INCURRED WITH REGARD TO THE SAME (COLLECTIVELY, “CLAIMS”), WHETHER DIRECT OR INDIRECT, OR OF ANY OTHER NATURE WHATSOEVER, ARISING OR RESULTING FROM OR RELATED TO THE NEGLIGENCE OF THE INDEMNITEES AND COVENANT NOT TO SUE ANY OF THE INDEMNITEES FOR THE SAME. IN THE EVENT THAT ANY SUCH CLAIMS ARE BROUGHT OR ASSERTED BY ME, OR ON MY BEHALF, TO THE FULLEST EXTENT PERMITTED BY LAW, I AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNITEES FROM ALL SUCH CLAIMS. I FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNITEES FROM ANY AND ALL CLAIMS ARISING FROM, CONNECTED WITH, OR RELATED TO MY PARTICIPATION IN THE ACTIVITIES.
(3) In no event shall the Indemnitees be liable to me for incidental, special, punitive, or consequential damages with respect to any Claims arising out of or related to my participation in the Activities, regardless of whether such claims arise in tort, contract, strict liability, or under any other theory of law or in equity and regardless of whether the Indemnitees knew or had reason to know that such damages might be incurred.
(4) This Agreement shall be governed by and construed in accordance with the laws of the state of Alabama, without regard to its choice of law principles. The provisions contained in this Agreement shall be enforceable to the maximum extent allowed by applicable law. In the event that any of the provisions or portions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.
I have read this Agreement in full and understand its contents. I have signed this Agreement knowing that by doing so I am giving up substantial rights and have signed it freely and without any inducement or assurance of any nature. I intend this Agreement to act as a complete and unconditional release of any and all potential Claims against the Indemnitees, to the fullest extent permitted by law. No provision of this Agreement shall be construed against RCS and TBRS solely by virtue of it having drafted such provision.