Assumption of Risk/Waiver of Liability/ Indemnification Agreement
By participating in activities and using equipment at Rally Recreation, LLC (hereinafter referred to as “RALLY”), I agree for myself and (if applicable) for my minor child(ren), to the following: - AGREEMENT TO OBEY POSTED RULES AND CODE OF CONDUCT. I agree to observe and obey posted warnings and rules of play set by RALLY. I acknowledge that I have read the Rally Code of Conduct governing my and my family’s participation in the activities or use of the equipment at the facility, and (if applicable) I have explained the rules to my child(ren). I and my child(ren) will play under control, within the rules of the games, and to the best of my/our ability will avoid causing injury to myself/ourselves and other persons using the equipment and the facility. I understand that failure to do so may result in suspension from participation or temporary or permanent ban from the facility.
- ASSUMPTION OF RISK AND RELEASE. I understand that by participating in activities and using equipment and facilities at RALLY, I and (if applicable) my child(ren) do so at my/our own risk. I recognize that there are certain inherent risks associated with the activities, and I assume full responsibility for personal injury to myself and my child(ren), and further release and discharge RALLY for injury, loss or damage arising out of my or my child(ren)’s use of or presence on the premises, whether caused by the fault of myself, my child(ren), RALLY or third parties. RALLY and its owners, employees or agents, shall not be liable for any damage whatsoever arising from any personal injury or property loss sustained by me and my child(ren) while engaged in activities or using equipment at the facility.
- INDEMNIFICATION. I hereby fully and forever release, indemnify and hold harmless RALLY and its owners, employees and agents from any and all claims, demands, damages or rights of action, present or future, resulting from my or my child(ren)’s participation in any activity or use of the equipment at the facility.
- FEES. I agree to pay for all damage to the equipment or to the facility of RALLY caused by any negligent, reckless or willful actions by me or my child(ren).
- HEALTH CERTIFICATION. I certify that I and (if applicable) my child(ren) are physically able to participate in all activities and use the equipment at the facility without aid or assistance. I further certify that I am willing to assume the risk of any medical or physical conditions that I or my child(ren) may have. In the event I or my child is injured, I do hereby authorize treatment and/or care in any hospital and by any licensed medical doctor or dentist.
- ARBITRATION. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- GOVERNING LAW. Any legal or equitable claim that may arise from participation in the activities or use of the equipment at the facility shall be resolved under Oregon law.
- PHOTO/VIDEO AUTHORIZATION. I grant RALLY the right to photograph, videotape and/or record me and (if applicable) my child(ren) while participating in activities on the premises and to use, publish and reproduce the pictures, videos and recordings on its website and in any and all media, including broadcast television and the internet, for publicity, advertising and promotion. This permission will remain in force and shall continue forever unless I revoke the permission in writing. I hereby waive any claim to receive payment from RALLY for such use.
I, the undersigned, affirm that I am 18 years or older. I have read this document and understand it. I further understand that by signing this release, I voluntarily surrender certain legal rights. By indicating my signature, I am agreeing to conduct business electronically with RALLY. I understand that transactions and/or signatures in records may not be denied legal effect solely because they are conducted, executed, or prepared in electronic form and that if a law requires a record or signature to be in writing, an electronic record or signature, this agreement satisfies that requirement. |