Liability Waiver & Hold Harmless Agreement
I am aware of the dangers and risks to me and my property involved in participating and using the batting cages and turf facility at Champions Turf LLC (the "Activity"). I acknowledge and agree that I am fully aware of the risks and hazards connected with the Activity, including physical injury or even death. I recognize the importance of complying with applicable laws, policies, rules, and regulations, and any instructions from Champions Turf related to the Activity. I understand Champions Turf does not insure participants in the Activity, that any coverage would be through personal insurance, and Champions Turf has no responsibility or liability for injury resulting from the Activity. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OR LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or loss or damage to property owned by me, as a result of participation or observation in the Activity.
In consideration for being allowed to voluntarily participate in the Activity, on behalf of myself, my personal representatives, heirs, next of kin, successors, and assigns, I hereby RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE, INDEMNIFY, HOLD HARMLESS Champions Turf LLC, its owners, officers, members, agents, servants, and employees (the RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever, including attorney's fees, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in or observing the Activity, whether directly or indirectly. I hereby further agree that North Dakota law shall apply to this Agreement. If any dispute arises from the Activity or this Agreement, any action must be brought in a court located in Burleigh County, ND.
In signing this Agreement, I acknowledge and represent that I have read the foregoing Liability Waiver and Hold Harmless Agreement, that I understand it, and that I sign it voluntarily as my own free act and deed; that no oral representations, statements, or inducements, apart from the foregoing written agreements, have been made.
If this Agreement has been signed by a person under eighteen (18) years of age, then the parent or legal guardian must sign the Agreement below before such minor is allowed to participate in or observe the Activity. I represent and warrant that I am the parent or legal guardian of the above-signed minor ("Minor"). I consent to the Minor's participation in the Activity. I have read the foregoing Agreement and I consent to its execution by the Minor. I agree that all of the terms and conditions of the foregoing Agreement are incorporated into this Agreement by reference, and that I am bound thereto. I agree that neither the Minor, nor I, will revoke or disaffirm the foregoing Agreement or this Agreement at any time. I agree to indemnify and hold the Releasees harmless from and against any and all claims, liabilities, costs, or expenses, including attorney's fees, that may arise from the breach or alleged breach by the Minor or by me of the foregoing Agreement or of this Agreement.
READ BEFORE SIGNING