PARENT, GUARDIAN, GUEST, PARTICIPANT, SPECTATOR
RELEASE OF LIABILITY & WAIVER OF CLAIMS AGREEMENT
In consideration of you or your children or those in your custody being allowed access to, or, to use the & Capelli Complex Monmouth (“the Facility”) , or, to spectate or participate in any programs, rentals, classes, clinics or any events at the Facility, you do, on behalf of yourself, your heirs, children and assigns, jointly and severally referred to hereafter as “Participant”, to the fullest extent permitted by law, agree as follows:
1) TO WAIVE ALL CLAIMS that you or the Participant have or may have against the Facility, its owners, staff, employees, directors or officers, arising out of the Participant’s visit to the Facility or participation in the Programs or the use of any equipment provided by the Facility or by any other person for any reason whatsoever including but not limited to injury, death, illness, contracting a sickness or virus, including but not limited to the flu or Covid19 or any variant thereof. The Participant and his/her Parents or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Facility, its owners, affiliates, operators, employees, agents, and officers, to the fullest extent permitted by law.
2) TO ASSUME ALL RISKS of entering the Facility, participating in the Programs and using the Equipment, even those caused by the negligent acts or conduct of the Facility, its owners, affiliates, operators, employees, agents, and officers. The Participant and his/her Parents or legal guardian(s) understand that there are inherent risks of entering the Facility, being in close proximity to other persons, participating in the various possible programs and using any equipment, as well as navigating the Facility, risks which may be both foreseen and unforeseen and include serious physical injury and death, and including but not limited to illness, contracting a sickness or virus; You also understand and accept the risks of, and waive all claims in the event you, your child, minor or guests are exposed to any infections, illnesses, viruses or other contagions including but not limited to various forms of the flu or Covid19; You are agreeing that you will not enter the Facility or engage in any activities at the Facility if you are feeling ill, have a fever or exhibit any other Covid19 symptoms or if you otherwise feel it might be inappropriate to enter the Facility;
3) TO RELEASE the Facility, its owners, aﬀiliates, operators, employees, agents, and oﬀicers from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suﬀer, arising out of his/ her participation in the Programs and use of the Equipment; and
The Participant and the Participants' guardians or custodians, if a minor, understand that visiting and participating in the Programs is voluntary and further understands that he/she has the opportunity to inspect the Facility before any participation. The Participant understands that he/she is obligated to follow the rules of the Facility and Programs and that he or she can minimize his/her risk of injury through the exercise of common sense and by being aware of his/her surroundings.
If, while participating in the Programs, you or the Participant observe any unusual hazard, which you/he/she believes jeopardizes your personal safety or that of others, you or the Participant will remove yourselves from participation in the Programs and immediately bring said hazard to the attention of the Facility. A refund for the session will be provided to the Participant after advising the Facility of the issue. I do hereby authorize Capelli Complex Monmouth LLC and its assigns to utilize any and all photographs, pictures or other likeness of me or anyone assigned guardianship to me, as they deem appropriate in its promotional materials or team films.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Facility and its counsel in any proceeding.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.