Loading...

Sports Challenge America + Elevate Operations LLC – Adult Participant Waiver and Release of Liability

THIS IS A LEGALLY BINDING AGREEMENT. 

PLEASE READ IT CAREFULLY BEFORE SIGNING.

In consideration of being permitted to participate in any activities or services provided by Southwest Florida Enterprises, Inc., a Florida corporation d/b/a Sports Challenge America, and Elevate Operations LLC, together with their parents, subsidiaries, and/or affiliates (collectively, “SCA”), I, the undersigned participant, acknowledge, understand, and agree to the following:

1. Assumption of Risk: I understand that entering a facility owned or operated by SCA and/or participating in any of the offerings provided by SCA, including but not limited to challenges, leagues, scrambles, open play activities, tournaments, clinics, camps, practices, rentals, and any other related sports, recreational, wellness, fitness, social or community activities (collectively, the "Activities") involves inherent and significant risks, including, but not limited to, equipment malfunction, falls, collisions, being hit by a ball, club, or other objects, sliding injuries, overuse injuries, strains and sprains, cuts and abrasions, finger and hand injuries, sunburn, dehydration, heat-related illnesses, as well as the potential for severe bodily injury, disfigurement, paralysis, or even death. These risks are present in various sports and activities, such as baseball, golf, soccer, bowling, football, and basketball, and may also be present in other Activities provided. Additional risks may include contracting a viral or bacterial infection, such as COVID-19, environmental hazards, such as uneven or slippery surfaces, poor weather conditions, and the actions or inactions of other participants. The Activities may also involve risks related to the use of facilities or equipment, including potential mechanical failures. Other accidents or injuries may result from my actions or the actions of others, including those that may be severe, permanent, disabling, or life-altering. I acknowledge that I am voluntarily participating in the Activities, and I assume all risks, both known and unknown, foreseeable and unforeseeable, associated with my participation. I understand that it is my responsibility to assess my own physical and mental capabilities and to determine whether I should participate in the Activities. By participating, I accept full responsibility for the consequences of my actions and the risks associated with the Activities.

2. Waiver and Release of Liability: I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby release, waive, discharge, and covenant not to sue SCA, its owners, officers, directors, shareholders, employees, agents, and/or contractors (collectively referred to as "Released Parties") from any and all claims, liabilities, demands, causes of action, or losses, including reasonable attorneys’ fees and costs, arising out of or in any way related to (i) my presence at a facility owned or operated by SCA; and/or (ii) my participation in the Activities. This waiver and release extends to, but is not limited to, personal injury, property damage, disfigurement, paralysis, wrongful death, emotional distress, loss of consortium, loss of income or earning capacity, medical expenses, or any other damages, whether caused by the negligence of the Released Parties or otherwise, and regardless of the foreseeability or avoidability of such damages. I understand that this waiver and release of liability is intended to be as broad and inclusive as permitted by Florida law and if any portion of this waiver and release is held invalid, it is agreed that the balance shall continue in full legal force and effect to the greatest extent permitted by law. I further agree that this waiver and release of liability shall bind my family, spouse, heirs, assigns, personal representatives, and anyone else entitled to act on my behalf. By signing this waiver and release of liability, I acknowledge that I have carefully read and fully understand its contents, and I voluntarily agree to its terms, intending to be legally bound by them. I understand that I am giving up substantial legal rights, including the right to sue the Released Parties for damages in the event of injury or death resulting from my participation in the Activities.

3. Indemnification: I agree to indemnify, defend, and hold harmless SCA and its owners, officers, directors, shareholders, employees, agents, and/or contractors (collectively referred to as "Indemnified Parties") from and against any and all claims, liabilities, damages, costs, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or related to my participation in the Activities, my presence at a facility owned or operated by SCA, or my use of any equipment, facilities, or common areas provided by SCA. This indemnification obligation includes, but is not limited to, claims arising from the negligence of the Indemnified Parties or any third parties, as well as any claims resulting from property damage, personal injury, disfigurement, paralysis, wrongful death, emotional distress, loss of consortium, loss of income or earning capacity, medical expenses, or any other damages that may be incurred. I further agree to indemnify and hold harmless the Indemnified Parties from any claims, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or related to any breach of this agreement or any representations, warranties, or acknowledgments I have made herein. My indemnification obligation extends to the actions of my family members, guests, or any other persons who attend the facility or participate in the Activities as a result of my actions or invitation. By signing this agreement, I understand that I am accepting financial responsibility for any harm or loss caused by my actions or the actions of those associated with me. This indemnification obligation shall survive the termination or expiration of this agreement, and it shall be enforceable to the fullest extent permitted by law.

4. Health and Fitness: I represent and warrant that I am physically capable of participating in the Activities and do not have any medical condition, injury, or impairment that may affect my ability to safely participate. I acknowledge that it is my responsibility to consult with a physician prior to participating in the Activities if I have any concerns about my health or fitness.

5. Rules and Regulations: I agree to follow all rules, regulations, and instructions provided by SCA, including any posted at the SCA’s facility or communicated by SCA staff. I understand that SCA reserves the right to remove me from the Activities or any SCA facility if I fail to comply with these rules or if my behavior poses a risk to myself or others.

6. Governing Law and Venue: This Waiver and Release of Liability shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising out of or relating to this Waiver and Release of Liability shall be subject to the exclusive jurisdiction of the state and federal courts located in Lee County, Florida.



I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY, FULLY UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY.



Today's Date: September 17, 2026








Media Release and Authorization
By signing this Waiver and Release of Liability and participating in the Activities, I hereby grant Sports Challenge America and Elevate Operations LLC permission to use my likeness in photographs, video recordings, electronic images, livestreams, social media content, promotional videos, digital marketing materials, advertising campaigns, or audio recordings in any and all of its publications, including website entries, without payment or any other consideration. I understand and agree that Sports Challenge America and Elevate Operations LLC may own and use these images, and all related materials, and all rights related to them. I hereby irrevocably authorize Sports Challenge America and Elevate Operations LLC to edit, alter, copy, exhibit, publish, distribute reproduce, or otherwise use these images for any and all lawful purposes. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the user of my image. I hereby hold harmless and release and forever discharge SCA and its employees and agents, including any firm authorized to publish and/or distribute a finished product containing my image, from all claims, damages, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. I am 18 years of age and am competent to contract in my own name. I have read this release before signing below and I fully understand the contents, meaning and impact of this release. *
Agree
First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
By checking this box, you agree to receive text message updates from the business who owns this Smartwaiver form. Msg & data rates may apply. Msg frequency is recurring. Reply STOP to opt out.
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
By entering the Sports Challenge America Facility, you agree to the Sports Challenge America Terms & Conditions located at www.sportschallengeamerica.com/terms-and-conditions which include waivers of certain legal rights. *
Agree
Anyone using our amenities must also sign a waiver upon entry or be confirmed to have a waiver on file. *
Agree
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!