I, the undersigned participant or the parent or legal guardian of a minor named in this document (the “Minor”), acknowledge, agree and understand that I voluntarily elect to participate in activities at Ethic Indoor, LLC’s facilities (the “Facilities”) and that there are certain risks and hazards involved in participating at the Facilities, including, but not limited to, those hazards associated with weather conditions, playing conditions, equipment and the behavior of other participants in addition to the physical activities of any chosen sport or exercise, including, but not limited to, the acts of pitching, throwing, fielding and catching of the ball, the swinging of the bat, running, jumping, stretching, sliding, diving, and collisions with other persons and with stationary objects, all of which can cause serious injury or death to me and to other persons. I agree that in consideration for the right to participate in activities at the Facilities: 1.) I voluntarily accept and solely assume all risk of damages, loss, and injury, including, but not limited to, personal injury, loss of property, death, incurred and/or suffered by me (a) while participating in any activity at the Facilities, (b) while serving in a non-playing capacity or observer at Facilities, and (c) while on or upon the premise of any and all areas of Facilities. 2.) I release, discharge and covenant not to sue: (a) Ethic Indoor, LLC and its affiliates, (b) all members, equity-holders, owners, officers, directors, managers, umpires, agents, servants, associations, employees, contractors, subsidiaries, and lessees of Ethic Indoor, LLC and/or its affiliates and any of their respective heirs, successors, and assigns, and (c) Orthopaedic Associates of Wisconsin and its affiliates, and all members, shareholders, partners, equity-holders, owners, officers, directors, managers, umpires, agents, servants, associations, employees, contractors, and subsidiaries of Othopaedic Associates of Wisconsin and its affiliates, and any of their respective heirs, successors, and assigns (collectively, the “Released Parties”) for any claims, damages, costs, including, but not limited to, attorneys’ fees, or cause of action which I have now or may in the future have as a result of personal injuries or property damage sustained or incurred by me from whatever cause including, but not limited to, my own actions, omissions or negligence, the negligence of any of the Released Parties and their guests and invitees, breach of contract, or any other actions or omissions of any of the Release Parties and their guests and invitees, on my own behalf, and on behalf of the Minor, and each of my and the Minor’s heirs, successors, and assigns. This Release does not relieve any party from liability for reckless or intentional misconduct. 3. I agree to hold harmless and fully indemnify the Released Parties from any and all claims, damages, costs, including, but not limited to, attorneys’ fees, and any and all causes of action which may arise from any claim or cause of action made by me, through me or on my behalf even if the damages, injuries or death are caused in whole or in part by any of the Released Parties, other than reckless or intentional misconduct of the Released Parties. I ACKNOWLEDGE THAT I HAVE READ AND THAT I UNDERSTAND EACH AND EVERY ONE OF THE ABOVE PROVISIONS IN THIS WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT AND AGREE TO ABIDE BY THEM. I FURTHER ACKNOWLEDGE THAT I HAVE SIGNED THIS WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT VOLUNTARILY IN CONSIDERATION OF BEING ALLOWED TO PARTICIPATE IN THE ABOVE ACTIVITIES AT ETHIC INDOOR, LLC’S FACILITIES. OTHER: I hereby give Ethic Indoor, LLC and its affiliates, and their respective successors and assigns, my permission and consent to take photographs, video, and other images of me or the Minor (collectively, the “Media”) and use in its marketing, including social media channels and website, without compensation. Ethic Indoor, LLC will own all right, title, and interest in and to the Media and I further grant Ethic Indoor, LLC permission to copyright, publish, distribute, use, modify, print and reprint the Media in any manner whatsoever, including, without limitation, publications, advertisements, brochures, website images, or other electronic displays and transmissions. I forever release and hold Ethic Indoor, LLC harmless from any and all liability arising out of the use of the Media in any manner or media whatsoever and waive any and all claims or causes of action related to the use of the Media.
Date: October 4, 2024
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