QUAD INDOOR SPORTS
Assumption of Risk – Waiver of Liability – Indemnification Agreement
As consideration for being allowed to enter the Quad Indoor Sports Dome (”the Quad”) and participate in any activity, program, event, party or function at the Quad Indoor Sports facility, including, without limitation, any athletic practice, game, training session, camp or event (collectively, “Activities”), the undersigned (a) on his or her own behalf as Participant (if Participant is age 18 or older), or (b) on his or her own behalf and on behalf of Participant as Participant’s parent or legal guardian (if Participant is under age 18), hereby understands, acknowledges and agrees as follows:
- If Participant is under age 18, I am the parent or legal guardian of Participant.
- Participant is physically fit with no known medical conditions which prohibit participation in Activities at the Quad.
- I agree to follow all rules and regulations of the Quad.
- I understand that the risk of injury from Activities at the Quad is significant, including, but not limited to, the potential for (1) minor injuries, such as cuts, bruises, muscle strains and sprains, (2) major injuries, such as broken or fractured bones, concussion or lost teeth, and (3) catastrophic injuries, such as heart attacks or fractured skull or those that cause disfigurement, loss of mental capacity, loss of sight, speech or hearing, paralysis or death. I further understand that there is a significant risk of damage to my personal property from my participation in Activities at the Quad.
- I WILLINGLY AND VOLUNTARILY ASSUME ALL RISKS in any way associated with, related to, or occurring as a result of, my participation in Activities at the Quad, however caused or arising, both known and unknown, EVEN IF SUCH RISKS ARISE FROM THE NEGLIGENCE or carelessness OF ANY RELEASED PARTY (as defined below) OR OTHERS.
- I hereby forever release, hold harmless, waive, discharge and indemnify, to the fullest extent permitted by law, Quad Indoor Sports, Urban Indoor Sports LLC, Urban Indoor Properties LLC, any lender of Urban Indoor Properties LLC, and each of their respective predecessors, successors, affiliates, members, managers, partners, shareholders, and controlling and controlled persons (together with any and all directors, officers, employees, volunteers, independent contractors, trustees, representatives, attorneys, agents and assignees of each of the foregoing) (collectively, the “Released Parties” and, each, a “Released Party”) from and against any and all liabilities, debts, obligations, costs, expenses, damages, judgments, liens, claims and demands of any nature or description, in equity or at law, that I (or my heirs, assigns, next of kin or personal representatives) may hereafter own, acquire or hold against any one or more of the Released Parties, known or unknown, suspected or unsuspected, asserted or not, arising out of my participation in Activities at the Quad, even if the risks and liabilities that I am releasing arise out of the negligence or carelessness of ANY RELEASED PARTY.
- Clarifying Clauses: Participant/Parent confirm that: 1) this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between me and QUAD and cannot be modified or changed in any way by representations or statements by any agent or employee of QUAD; 2) the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Illinois and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect; and 3) It is hereby understood and agreed that Waiver of Subrogation is granted in favor of the owner, Quad Indoor Sports 4) if legal action is brought, the appropriate trial court for the County of Cook in the State of Illinois has the sole and exclusive jurisdiction and that only the substantive laws of the State of Illinois shall apply.
- I grant each of the Released Parties permission to film, video or photograph me and the perpetual right to use my image for any commercial or non-commercial purpose without any consideration or payment to me.
- I consent to receive direct calls and emails from the Released Parties for marketing purposes relating specifically to Quad Indoor Sports.
Acknowledgment of Understanding: Participant/Parent have read and understand this Agreement. I understand that I am giving up substantial rights, including the right of the Participant/Parent to sue for damages in the event of death, injury or loss. I acknowledge that I am voluntarily signing the agreement, and intend my signature to be a complete release of all liability, including that due to ordinary negligence by the Protected Parties, to the greatest extent allowed by law of the State of Illinois.