1. By signing this Release of Liability (this “Release”), I hereby waive, release, forever discharge, and covenant not to bring or make, any claim against The Yard, 4721 Commercial Drive, LLC, or any of their respective officers, representatives, directors, employees, agents, affiliates, managers, members and successors (collectively, the “Released Parties”) arising out of or in any way related to my or my child’s participation in the Activities, whether such claim is now known, or hereafter becomes known, or arises out of the negligence of The Yard or any other Released Party, or otherwise. I shall defend, indemnify, and hold harmless The Yard and all other Released Parties from any and all losses, claims, liabilities, judgments, costs, fees and expenses (including attorneys’ fees) arising out of or in connection with the Activities.
2. By signing this Release, I certify that I am fully aware of and hereby assume any and all risks and hazards which may be associated or involved with or result from the Activities, including but not limited to travel risks, physical injuries of any type, death, illness, and property loss or damage. With knowledge of all of said risks and hazards, I hereby desire to voluntarily participate in, or consent to my child voluntarily participating in, the Activities. I voluntarily assume full responsibility for any loss, illness, property damage or personal injury, including death that may result, directly or indirectly, from myself or my child participating in the Activities.
3. It is my express intent, evidenced by my signature hereon, that this Release shall bind my family members, heirs, personal representatives, and assigns.
4. I hereby further agree that this Release of Liability shall be construed in accordance with the laws of the State of Alabama.
5. By signing this Release, I acknowledge and represent that I have read this Release in its entirety, and understand it and sign it voluntarily as my own free act and deed.
6. This Release constitutes the sole and entire agreement between myself and The Yard regarding the subject matter set forth herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. In the event that any provision of this Release is adjudicated to be unenforceable, I agree that such determination shall in no way affect the validity and enforceability of the remaining provisions of this Release, all of which shall remain enforceable to the fullest extent permitted by law.
7. If I am signing this Release on behalf of my child, I certify that I am either the parent or the legal guardian thereof, am at least nineteen (19) years of age and fully competent, and voluntarily execute this Release for full, adequate and complete consideration fully intending to be bound by same, with full knowledge of all risks involved with my child's participation in the Activities.