General Participation Waiver:
This Waiver and Release Form is made as of the date written below by the individual(s) signing this form ("Participant") and provided to The BettPlex, LLC, a Minnesota limited liability company ("BettPlex"). The entire sports complex is owned by BettPlex and is known as TBK Bank Sports Complex (the "Facilities"). BettPlex also owns the fitness center which operates under the name of Level II Fitness and the family entertainment center which operates under the name of High 5 Lanes & Games.
I hereby assume all of the risks of participating in all activities at any of these facilities, including by way of example but not limited to any risks that may arise from: negligence or carelessness on the part of the persons or entities beign released, dangerous or defective equipment or property owned, maintained or controlled by them, or their possible liability without fault. I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which could affect my participation in this activity.
I acknowledge that this Waiver and Release of Liability will be used by the event holders, sponsors and organizers of the activity in which I may participate and that it will govern my actions and responsibilities at said activity. In consideration of my use of facilities or services provided at TBK BANK SPORTS COMPLEX, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors and assigns as follows:
A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: The BettPlex, LLC (known as TBK BANK SPORTS COMPLEX and including HIGH 5 LANES & GAMES) and its directors, officers, employees, volunteers, representatives, agents, activity holders, and sponsors;
B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in the above paragraph from any and all liabilities or claims made as a result of my use of these facilities, whether caused by the negligence of the Releasees or otherwise.
I acknowledge the TBK BANK SPORTS COMPLEX and its members, managers, employees, agents and contractors ("Releasees") are NOT responsible for the errors, omissions, acts or failures to act of any person or entity conducting a specific activity.
I acknowledge that this activity may involve a test of physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by facilities, temperature, weather, condition of participants, equipment, lack of hydration and actions of other people including, but not limited ot, participants, volunteers, coaches, parents, officials, umpires, referees, monitors, spectators and sponsors of any activity. These risks are not only inherent to participants, but are also present for volunteers and parents.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident and/or illness during this activity.
I understand while participating in this activity, I may be photographed. I agree to allow my photo or video of my likeness to be used for any legitimate purpose by TBK Bank Sports Complex and its employees, agents and assigns.
Check this box to accept:
Date: September 27, 2023
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 and have in many locatins, prohibited the congregation of groups of people. The BettPlex LLC (known as the TBK Bank Sports Complex and including High 5 Lanes & Games and Level II Fitness) has put in place preventative measures to reduce the spread of COVID-19; however, cannot guarantee that you will not become infected with COVID-19. Further, attending any program or activity at the BettPlex could increase your risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily asume the risk that I may be exposed to or infected by COVID-19 while attending The BettPlex, 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 TBK Bank Sports Complex may result from the actions, omissions, or negligence of myself and others, including, but not limited to, TBK Bank Sports Complex employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at the TBK Bank Sports Complex. On my behalf, I thereby release, covenant not to sue, discharge, and hold harmless the TBK Bank Sports Complex, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the TBK Bank Sports Complex, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after attending any TBK Bank Sports Complex or BettPlex program or activity.
Check this box to accept:
Date: September 27, 2023