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ARENA23 CHANDLER Waiver 

WAIVER AND RELEASE OF LIABILITY, ACKNOWLEDGMENT AND ASSUMPTION OF RISKS, INDEMNITY, AND PARTICIPANT AGREEMENT 

IN CONSIDERATION OF THE SERVICES OF ARENA23 CHANDLER LLC, I, THE UNDERSIGNED ADULT LISTED BELOW, AM AT LEAST 18 YEARS OF AGE, AND AGREE AND UNDERSTAND THAT THE SPORTS SIMULATORS AND ATHLETIC ACTIVITIES AT ARENA23 CHANDLER HAVE INHERENT RISKS, AND THAT PARTICIPATION IN THE ACTIVITIES AND USE OF THE SPORTS SIMULATION EQUIPMENT (INCLUDING THE BALLS OF EACH RESPECTIVE SPORT) MAY RESULT IN SERIOUS INJURY, INCLUDING BUT NOT LIMITED TO THOSE SET FORTH IN THE ASSUMPTION AND ACKNOWLEDGEMENT OF RISKS PARAGRAPH BELOW. I FURTHER UNDERSTAND THAT THE ACTIVITIES AND SPORTS SIMULATORS AT ARENA23 CHANDLER WILL BE SHARED WITH OTHER INDIVIDUALS OVER WHOM ARENA23 CHANDLER HAS NO CONTROL. WITH THE FOREGOING UNDERSTANDING, I AGREE AS FOLLOWS: 


ASSUMPTION AND ACKNOWLEDGMENT OF ALL RISKS 

I, ON MY OWN BEHALF, AND ON THE BEHALF OF THE BELOW-LISTED MINORS, AS THEIR PARENT, LEGAL (COURT APPOINTED) GUARDIAN OR CUSTODIAN, KNOWINGLY, VOLUNTARILY, AND FREELY ACCEPT AND ASSUME ANY AND ALL RISKS, BOTH KNOWN AND UNKNOWN, OF INJURIES OR OTHER LOSS OR DAMAGE MAY SUFFERED WHILE ON ARENA23 CHANDLER PREMISES, HOWEVER CAUSED, EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION, INACTION OR NEGLIGENCE OF ARENA23 CHANDLER LLC, THEIR PRINCIPALS, OFFICERS, OWNERS, SHAREHOLDERS, EMPLOYEES, LANDLORD (PACIFIC COAST HOLDINGS, LLC), EQUIPMENT MANUFACTURERS OR REPAIR PERSONS, SPONSORS, AGENTS (ALL COLLECTIVELY REFERRED TO BELOW AS "RELEASED PARTIES"). SUCH RISKS INCLUDE, BUT ARE NOT LIMITED TO CUTS AND BRUISES, FALLS, BROKEN BONES, INJURIES TO WRISTS, ARMS, LEGS, ANKLES, BACKS, HEADS AND NECKS, INJURIES FROM CONTACT FROM SPORTS BALLS OR CONTACT WITH OTHER PARTICIPANTS, INJURIES CAUSED BY CONTACT WITH SPORTS SIMULATION MACHINES, FRAMES, NUTS/BOLTS, NETS, BASKETBALL BACKBOARDS, POLES OR OTHER STRUCTURES OR FIXTURES, AND/OR SPINAL INJURIES. THE RISKS ASSUMED INCLUDE THOSE INHERENT IN THE ACTIVITIES AND RECREATIONAL SERVICES OFFERED BY RELEASED PARTIES, INCLUDING, BUT NOT LIMITED TO THOSE INVOLVED IN ALL SPORTS SIMULATORS, INCLUDING THE BASKETBALL COURTS, BASEBALL BATTING CAGES, OCTAGON, BOT BOXER SIMULATOR, TENNIS, SOCCER, HUMAN FOOSBALL, FOOTBALL COMBINE, FIELD GOAL KICKING, “QB1” AND ANY OTHER OFFERINGS/ACTIVITIES, ADDED IN THE FUTURE. 


WAIVER OF ALL CLAIMS 

I, ON MY OWN BEHALF, AND ON BEHALF OF THE BELOW-LISTED MINORS, EXPRESSLY WAIVE ANY AND ALL CLAIMS, SUITS OR DEMANDS FOR PERSONAL INJURY, PROPERTY DAMAGE OR OTHER LOSS AGAINST THE "RELEASED PARTIES", AND EACH OF THEM, INCLUDING BUT NOT LIMITED TO ANY AND ALL NEGLIGENCE, NEGLIGENT SUPERVISION, NEGLIGENT INSPECTION, NEGLIGENT TRAINING, AND NEGLIGENT INSTRUCTION. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WAIVER IS INTENDED TO BE A COMPLETE RELEASE OF THE RELEASED PARTIES FOR ANY AND ALLRESPONSIBILITY FOR PERSONAL INJURIES, PROPERTY DAMAGE OR DEATH SUSTAINED BY ME OR ANY OF THE BELOW LISTED MINORS ON ARENA23 CHANDLER’S PREMISES, WHETHER ARISING OUT OF OR RESULTING FROM MY OR THEIR PARTICIPATION IN ACTIVITIES, USE OF SPORTS SIMULATORS OR OTHER SPORTS EQUIPMENT, FLOORING, PARKING LOTS, PREMISES AND FACILITIES. THIS RELEASE APPLIES FOR ANY DATE IN THE FUTURE (INCLUDING TODAY’S DATE) THAT I, OR THE MINOR LISTED BELOW, MAY VISIT ARENA23 CHANDLER’S FACILITY, AND IS FURTHER BINDING ON THE HEIRS, REPRESENTATIVES AND ESTATES OF THE UNDERSIGNED AND MINOR(S). I FURTHER AGREE TO WAIVE, RELEASE AND HOLD HARMLESS THE RELEASED PARTIES, FROM AND AGAINST ALL CLAIMS, DAMAGES, INJURIES, EXPENSES, OR DEATH ARISING OUT OF OR RESULTING FROM ADMINISTERING OF OR FAILING TO ADMINISTER MEDICAL ASSISTANCE TO ME OR ANY OF THE BELOW-LISTED MINORS. I SPECIFICALLY AGREE THAT THE SCOPE OF THIS WAIVER PROVISION IS TO RELEASE AND HOLD HARMLESS RELEASES, FOR ANY AND ALL INJURIES, INCLUDING, BUT NOT LIMITED TO CUTS AND BRUISES, BROKEN BONES, INJURIES TO WRISTS, ARMS, LEGS, ANKLES, BACKS, HEADS AND NECKS, INJURIES FROM FLIPS OR CONTACT WITH OTHER PARTICIPANTS, INJURIES CAUSED BY CONTACT WITH SPORTS SIMULATION MACHINES, FRAMES, NUTS/BOLTS, NETS, CHAIN-FENCES, BASKETBALL BACKBOARDS, METAL POLES, BASEBALL PITCHING MACHINES OR OTHER STRUCTURES OR FIXTURES, AND/OR SPINAL OR HEAD INJURIES, HOWEVER THEY ARE CAUSED, AND WHETHER OR NOT THE INJURY PRODUCING EVENT WAS REASONABLY ANTICIPATED, OR UNANTICIPATED BY THE PARTICIPANT. 


INDEMNITY

I FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES, AND EACH OF THEM, INCLUDING ATTORNEYS FEES, AGAINST ANY AND ALL CLAIMS, LAWSUITS OR DEMANDS RESULTING FROM ANY LOSS, INJURY, DAMAGE, OR DEATH, AS WELL AS PROPERTY DAMAGE, ARISING OUT OF, CONNECTED TO, OR RELATING IN ANY WAY TO THE PARTICIPATION IN THE ACTIVITIES DESCRIBED HEREIN, AND/OR THE PRESENCE ON THE PROPERTY, INCLUDING THOSE BROUGHT BY ME OR ANY OF THE MINOR’S LISTED BELOW.THIS INDEMNITY OBLIGATION EXTENDS TO, AND COVERS ANY NEGLIGENT ACT OR OMISSION OF RELEASES, WHETHER PASSIVE OR ACTIVE IN NATURE. 


AUTHORIZATION TO USE IMAGE AND PERSONAL INFORMATION

RELEASORS ARE HEREBY GRANTED THE RIGHT TO USE ANY IMAGES AND PERSONAL INFORMATION OF THE UNDERSIGNED, IN ANY SOCIAL MEDIA, WEBSITES, OR OTHER MARKETING MATERIALS. 

I, FOR MYSELF, AND AS PARENT, LEGAL (COURT-APPOINTED) GUARDIAN OR CUSTODIAN OF THE MINORS LISTED BELOW, WILLINGLY AGREE TO READ, OBEY, AND COMPLY WITH ALL POSTED, SPOKEN AND/OR SAFETY RULE SIGNS/VIDEOS AND CONDITIONS FOR ATTENDANCE AT ARENA23 CHANDLER, PARTICIPATION IN ACTIVITIES, AND USE OF SPORTS SIMULATORS AND OTHER EQUIPMENT, AND UNDERSTAND THAT THE FAILURE TO DO SO MAY RESULT IN SERIOUS INJURY OR DEATH. I REPRESENT THAT I AND ALL MINORS LISTED BELOW ARE PHYSICALLY FIT, OTHERWISE HEALTHY AND ABLE TO SAFELY PARTICIPATE IN ALL ACTIVITIES AND USE ALL OF THE SPORTS SIMULATORS AND EQUIPMENT AT ARENA23 CHANDLER. I FURTHER ACKNOWLEDGE THAT RECREATIONAL SERVICES ARE BEING PROVIDED, AND NO SALE, LEASE OR BAILMENT OF EQUIPMENT IS ANY PART OF TRANSACTION HEREIN. I AGREE THAT IF ANY PART OF THIS AGREEMENT IS DETERMINED TO BE UNENFORCEABLE, ALL OTHER PARTS SHALL REMAIN FULLY EFFECTIVE. 

I, FOR MYSELF, AND FOR THE BELOW-LISTED MINORS, AS THEIR PARENT, LEGAL (COURT-APPOINTED) GUARDIAN OR AUTHORIZED CUSTODIAN, DO READ AND UNDERSTAND ENGLISH, AND HAVE CAREFULLY READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND AGREE TO BE BOUND BY IT FOR MYSELF AND ON BEHALF OF ALL BELOW-LISTED MINORS. 

NOTICE: BY SIGNING THIS, YOU ASSUME ALL RISK OF INJURY OR DAMAGE AND RELEASE THE RELEASED PARTIES FROM ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW. 

Today's date: February 8, 2025

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Parent(s) of the specific minors listed on this waiver or Court-Appointed Legal Guardian(s) must sign for any participating minors (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.
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