WAIVER AND RELEASE OF LIABILITY READ BEFORE SIGNING Please read this Agreement carefully and understand its content. Please be aware that this form can be viewed and submitted online or can be filled out at the front desk of MWC Sports Complex. The Agreement is valid for one (1) year after signing. After one (1) year, participants must execute and submit a new Agreement and update your profile with MWC Sports Complex. Express Assumption of Risk Associated with Activities at MWC Sports Complex By signing this Agreement, I hereby understand and acknowledge that the risk of participation, physical occupancy/attendance including spectating and/or physical exertion both associated and unofficially located on the MWC Sports Complex Campus including games, events, and other related activities offered by MWC Sports Complex and the rental and/or use of equipment therewith include, but are not limited to, the following (collectively, the Activities): 1) Risks of harm or injury from the Activities, acts of God, failure or malfunction of equipment both in use by participant and/or use by another other third party and any alleged negligent upkeep and operation of such equipment (including equipment rented by MWC Sports Complex) 2) Exposure to weather, elements, excessive heat (both inside or outside of the facility), hypothermia, encountering natural or man-made hazards, uneven terrain; 3) Injuries or harm that could result from these Activities include, without limitations, and are not limited to, mental or physical injury, disease, strains, sprains, fractures, partial or total paralysis, heat stroke, heart attack, partial or permanent disability, death, or other serious bodily injury; 4) Harm, injury or even death due to my own negligence and/or the negligence of other including, but not limited to, contact with other participants and/or fixed or moving objects, coach/instructor error or decision making; 5) Risk of delayed or no medical treatment due to accidents or illness occurring both inside and outside of the MWC Sports Complex Facility. I hereby also understand there are no trained medical professionals with MWC Sports Complex. Despite this, I hereby authorize MWC Sports Complex to provide basic first aid and to seek medical attention and calling 911 on my behalf. Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19 The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. MWC Sports Complex has put in place preventative measures to reduce the spread of COVID-19 pursuit to North Carolina Governor issued Executive Orders both past and current; however, MWC Sports Complex cannot guarantee that you will not become infected with COVID-19. Further, participation could increase your risk of contracting COVID-19. READ CAREFULLY 1) By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participation and/or physical occupancy or attendance as both a patron or spectator; 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 MWC Sports Complex may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the MWC Sports Complex employees, volunteers, and program participants and their families. 2) 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 participation at MWC Sports Complex as it pertains to Coronavirus/COVID-19. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless MWC 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 MWC Sports Complex, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation at MWC Sports Complex. I hereby also acknowledge that MWC Sports Complex will not liable pursuant to state law as it pertains to any COVID-19 related illness, at any time, to both myself, family or any closely associated individual who I have may have put at risk for transmission, based on MWC Sports Complex’s implementation of required guidelines and protocols as it pertains to public health and safety and required state regulations. 3) I represent that I have adequate insurance to cover any injury or illness I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or illness myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition. 4) In the event that I file a lawsuit, I agree to do so in the state where MWC Sports Complex is located, and I further agree that the substantive law of that state shall apply. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect By signing this document, I agree that if I am exposed or infected by COVID-19 during my participation in these Activities, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence and; I agree that I will practice safe social distancing and clean hygiene and follow all guidelines expressly stated and posted throughout the Premises during my participation at MWC Sports Complex. I KNOWINGLY AND FREELY ASSUME SUCH RISKS, listed above and also known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASES or others, and assume full responsibility for my participation. II understand and acknowledge that the description of the risks above are not complete and the participation in the Activities may involve additional unknown or unanticipated risks that are not readily foreseeable at this time, but which could result in serious injury, illness, or death. In spite of such risks, I hereby assume with full knowledge all risks to me involved in participating in the Activities and take all responsibility for all liabilities, losses, costs, and damages I incur as a result of my participation in such Activities. Declaration of Fitness I certify and declare that I am in good and sound health and of sufficient physical condition to participate in vigorous physical activity and in the Activities. I do not have any pre-existing medical conditions both physical or mental, which could reasonably and foreseeably cause a dangerous situation to other persons or myself while participating in the Activities. I further acknowledge that I am not pregnant, and have valid medical or health insurance coverage in effect at this time, and there is no reason why I cannot participate in these Activities and that I may decline to participate in any further in the Activities at any time for any reason. I will remove myself from participation and bring such to the attention of a program leader immediately. Release of Liability and Indemnity In being permitted to participate in the Activities by MWC Sports Complex on its property (the Premises and Facility) I HEREBY RELEASE, COVENANT NOT TO SUE AND AGREE TO INDEMNIFY AND HOLD MWC SPORTS COMPLEX, PROGRAM LEADERS, ASSISTANT VOLUNTEERS, AND/OR EMPLOYEES, OTHER PARTICIPANTS, SPONSORING AGENCIES, SPONSORS, ADVERTISERS, VOLUNTEERS, AND IF APPLICABLE, OWNERS AND LESSORS OF PREMISES HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS OR CAUSES OF ACTIONS I, MY ESTATE, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN MAY HAVE FOR ANY INJURY, DAMAGE OR WRONGFUL DEATH ARISING FROM MY PARTICIPATION IN THE ACTIVITES WHETHER CAUSED BY MY NEGLIGENCE OR NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE FROM CONDUCT RELATED TO THE ACTIVITIES, TO THE FULLEST EXTENT PERMITTED BY LAW. Agreement to Follow Rules I HEREBY AGREED TO ABIDE BY ALL RULES SET FORTH BY MWC SPORTS COMPLEX. Rules are subject to change at any time in MWC Sports Complex sole discretion. Any violation of the rules may result in the immediate expulsion from the Premises, including the possibility of being permanently banned from the Premises. Returning to the Premises after being permanently banned will be considered trespassing, which MWC Sports Complex will prosecute to the fullest extent of the law. Photo/Video/Other Media Release I consent and agree that MWC Sports Complex and/or their representatives may take photographs or digital recordings of me as a participant during this event and use theses in any and all media for training or promotional purposes. I waive any rights, claims or interest and I understand that there will be no financial or other remuneration. I understand that I will inform MWC Sports Complex and/or its representatives, staff, agents in advance if I choose not to be part of any photo, video, or other media being taken or created. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
September 21, 2023