FACILITY RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY CONSENT AGREEMENT (“AGREEMENT”)
IN CONSIDERATION of being permitted to participate in any way in The Sports Barn, sport and recreation activities ("ACTIVITIES") as well as off-site activities sponsored by The Sports Barn I, for myself for personal representatives, assigns, heirs, and next of kin:
1. Acknowledge, agree, and represent that I understand the nature of these sport and recreation activities and that I am qualified, in good health, and in proper physical condition to participate in such activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the “Activities”.
2. Fully understand that: (a) these sport and recreation activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis, and death ("Risks"); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the activities, the condition in which the activities take place, or the negligence of the "Released Parties" named in 3 below; (c) there may be other risk and social and economic losses either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, costs and damages I incur as a result of my participation or that of the minor in the activities.
3. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist.
4. Hereby release, discharge, and covenant not to sue Brown Bear Athletics LLC., and its respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owner and lessors of premises on which the activities take place, (each considered one of the "Released Parties" herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Released Parties or otherwise, including negligent rescue operations, and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnify agreement I, or anyone on my behalf, makes a claim against any of the Released Parties, I will indemnify, save, and hold harmless each of the Released Parties from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
4. In addition, I agree to follow the rules of conduct as stated below and play set by The Sports Barn. Failure to do so may result in suspension from participation. Consent: I the undersigned coach or guardian or adult participant hereby grant authority to the staff at The Sports Barn to render a judgment concerning medical assistance or hospital care in the event of an accident or illness during my absence.
5. Use of Likeness; Participants and his/her parents or guardian hereby authorize “The Sports Barn” and its assigns to use any and all photographs, pictures, videos or other likenesses of participants in its promotional materials or social media platforms
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
The Sports Barn Turf Rules of Conduct
1. Play/Train at Your Own Risk.
2. Only Team/Club Participants Allowed on the Turf.
3. Indoor Soccer or Running Shoes Only on Turf.
4. No Cleats Allowed.
6. No Gum, Food, or Drink of Any Kind (Except Water) Allowed into the Field Area. (Gum Must Be Placed into a Garbage Bin Before Entering.)
7. No Hard Kicks into Protective Nets or Walls; Hard Kicks into Designated Goals Only.
8. No Touching or hanging on Protective Netting or Field Dividers.
9. Outside turf area there can be NO children under the age of 12 unless accompanied by a non-playing adult. Facilities staff is not responsible for the supervision of children.
10. No one is permitted onto turf area until their booking time. Players on the field will clear the field area 5 minutes before the booking time of the next group.
11. With the exception of licensed service animals, no pets are permitted inside of The Sports Barn. Licensed service animals are permitted and staff should be notified upon their entrance into the facility. Staff may request proof of credentials.
12. No smoking of any kind permitted. Violation will cause a request to leave the facility. A second offence will result in a facility ban.
13. Teams and clubs are obligated to leave organized and clean the turf and public areas after use.
14. ZERO TOLERANCE POLICY: Any verbal or physical abuse towards officials, staff or other players will result in ejection from current league and possible future leagues.
15. NO FIGHTING: Any physical altercation during game play will result in the dismissal of all players involved for the remainder of the season and possible future seasons.
16. Officials' decisions are final during game play, disputes and clarifications of rules may be addressed by team captain and/or co-captain at halftime or end of game.
17. Players are expected to be respectful to each other and practice good sportsmanship toward all officials, players, teams, and spectators within the league.
18. No Ball Kicking Except in the Turf Area.
19. Shirts Must Be Worn at all Times.
20. Dispose of Your Trash in Receptacles.
21. No Alcohol Allowed in the Facility.
22. Teams are responsible for the behavior of their players and of their fans.
23. You must Pay Before You Play.
24. No squirting water or spitting is allowed in the facility.
25. ALL PLAYERS ENTERING THE TURF AREA TO PRACTICE OR PLAY ARE REQUIRED TO WEAR PROTECTIVE GEAR UNLESS OTHERWISE INSTRUCTED. Coaches and Parents who permit youth players to enter the turf area are responsible to ensure that all players wear protective gear for liability issues. Anyone not wearing protective gear is breaking The Sports Barn rules.
26. Coaches or Directors of Clubs must sign a liability waiver for their teams. NO ONE IS PERMITTED TO ENTER THE TURF AREA UNLESS THEY OR THEIR COACH OR CLUB DIRECTOR HAVE SIGNED THE SPORTS BARN WAIVER FORM. You are required to sign THE SPORTS BARN liability waiver before entering the turf area so as to be covered by THE SPORTS BARN insurance. Failure to sign this waiver before entering means you are breaking THE SPORTS BARN rules and indicates that you agree to enter completely at your own risk and agree to waive any insurance coverage in case of injury. Please acquire the waiver form from THE SPORTS BARN Staff and sign and return before entering. Players who are on a roster are already covered by the signed waiver their coach has submitted. Coaches and Club Directors are responsible to make sure they have signed this waiver
Failure to Follow any of these rules could lead to an individual or a team being banned from the facility or to legal action for any damages incurred to the facility.
The Sports Barn Golf Simulator Rules of Conduct
- Bring your own clubs.
- NO ALCOHOL
- Only practice swing when standing in the T-box area of the simulator.
- Keep food and beverages at the provided tables in the seating area. NO FOOD OR DRINK INSIDE THE TEE BOX OR ON THE COMPUTER AREA at any time.
- Use clean golf clubs – All clubs must be cleaned before play. We have a club cleaning station that can be used prior to starting.
- We provide golf balls. If you’d like to use your own balls, please make sure they are brand new. Do not mark the golf balls with a marker, highlighter or pen, as it stains the screen.
- Only wedges of 56 degrees or less are allowed. NO LOB WEDGES.
- No foot spray or aerosol spray allowed. Impact tape only.
- Only use tees provided by The Sports Barn.
- No metal cleated shoes, dirty shoes or snow boots in the simulator area.
- Guests must be pre-registered with a signed liability waiver before golfing.
- Any golfer under 16 must be accompanied by a playing adult.
- No children under 8 years of age allowed in the simulator area.
- You may not go over your scheduled reservation time for cleanup. Please begin packing up prior to the end of your time and leave the room the way you found it.
- We have installed cameras. If anything in the golf lounge is damaged or broken during your scheduled tee time, golfers will be billed for the damage and may ultimately be banned from our facility. We must be notified of any damage that occurs immediately.
By checking this box, I agree to the above terms and conditions.
Today's Date: October 2, 2023