TERMS OF REGISTRATION - I understand that the activity offered by Dick’s Sporting Goods, Inc. (“Dick’s”) for which I am registering is designed to provide a physical and mental challenge to an active participant.
- My participation is dependent on my own physical and mental stamina and strength.
- In participating in the activity, I certify that I am in good health and do not suffer from any heart condition or other ailment that could be exacerbated by the exertion involved in the offered activity.
- My participation may result in injury or illness including, but not limited to, bodily injury, disease, public exposure to viruses, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability.
- I am responsible for following all posted rules and/or instructions.
- I acknowledge that I am voluntarily participating in the offered activity with full knowledge of the potential risks of injury and/or death and assume all risks and dangers and all responsibility for any losses and/or damages.
- I authorize Dick’s to secure any and all emergency medical treatment in the event I am unresponsive or incapacitated. I also agree to pay all the costs and fees for any emergency medical care and treatment for me as secured or authorized under this consent.
- I understand and agree that an executed waiver and release of liability (completed at the time of registration and/or at the time of check-in for the activity) is required for participation.
PARTICIPANT WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK In consideration for being allowed to participate in any way in the event, program, and/or activity offered by Dick’s Sporting Goods, Inc. (“Dick’s”) for which I am registering, the undersigned acknowledges, appreciates, and agrees that: - The risk of injury from the activities is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury and/or death does exist;
- I KNOWLINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE, GROSS NEGLIGENCE, OR RECKLESSNESS of DICK’S or others, and assume full responsibility for my participation;
- I willingly agree to comply with the stated or customary rules and/or conditions of participation in the activity. If I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of Dick’s personnel.
- I, for myself and on behalf of my heirs, spouse, assigns, personal representatives and next of kin, HEREBY RELEASE, WAIVE, DISCHARGE, AND AGREE NOT TO SUE Dick’s, their officers, employees, agents, sponsors, insurers, owners of the premises, and/or others associated in any way with my participation in the activity (“RELEASEES”) FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, PRODUCT CLAIMS AND ANY OTHER ALLEGED LIABILITY that I, my spouse, next of kin, or my heirs may have WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY AS A RESULT OF MY INVOLVEMENT OR PARTICIPATION IN THE ACTIVITY OR THE USE OF ANY EQUIPMENT OR FACILITIES DURING THE ACTIVITY WHETHER ARISING FROM THE NEGLIGENCE, GROSS NEGLIGENCE, or RECKLESSNESS OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
- I further agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND in any action or proceeding, Dick’s from and against all Claims for or relating to my participation in the activity, my use of any equipment or facilities during the activity, or for my failure to comply with the terms of this Agreement, regardless of whether the act or omission complained was caused in whole or in part by the negligence in any form of Dick’s.
I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY EXECUTING IT. I FURTHER REPRESENT THAT I AM OF LEGAL AGE AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I hereby grant Dick’s, its affiliates, subsidiaries, successors, assigns and licensees (“Dick’s”) the absolute right and permission to use my name, address, image, likeness, voice, and opinions obtained during the any activity that I engage in (collectively, the “Materials”) in any and all media, including but not limited to film, photograph, video record and otherwise record, for digital and social media, advertising and/or promotional purposes, in any aspect of my attendance or participation at House of Sport, or to refrain from doing so. This right shall extend worldwide, in perpetuity, for all advertising and/or promotional purposes without notice to me and without any compensation. I agree that all photographs, videotape, film and recordings (including but not limited to digital video recordings) of me used and taken by Dick’s during any activities are owned by Dick’s and that they may contain copyright material. If I should receive any print, negative or other copy thereof, I shall not authorize its use by anyone else. I understand that I shall have no right of approval, no claim to any compensation, and no claim arising out of the use, alteration, distortion, or illusionary effect or use in any composite form of the Materials. |