IN CONSIDERATION of being permitted to participate in any way in a Cactus Dodgeball activity (“Activity”), I, for myself, my personal representatives, assigns, heirs, and next of kin:
- ACKNOWLEDGE, agree, and represent that I understand the nature of Dodgeball Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity;
- AGREE TO COMPLY with any and all rules, regulations, terms and conditions for participation in the program, event or activity. I agree to inspect the equipment and premises to be used prior to participation. If I believe that anything is unsafe, I will inform Cactus Dodgeball officials, team captains, referees or facilities owners of the issue and refuse to participate if not corrected;
- FULLY UNDERSTAND that:
- (a) Dodgeball ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH (“RISK”);
- (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions or others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW;
- (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGES I incur as a result of my participation or that of the minor in the Activity;
- HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Cactus Dodgeball LLC, their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the “RELEASEES” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releases, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any many incur as the result;
- CONSENT to the use of my image or likeness in fundraising or promotional material to be used by Cactus Dodgeball, its associates, affiliates, agents, sponsors, or representatives and the general media. I freely and willingly waive all rights or claims to compensation for use of my image or likeness. I irrevocably relinquish and give to Cactus Dodgeball all right, title, and interest that I may have in the Photograph(s), finished pictures, negatives, reproductions, and copies of the original prints and negatives;
- GRANT AUTHORITY to the staff and volunteers of Cactus Dodgeball to render a judgment concerning medical assistance or hospital care in the event of an accident or illness that renders me unable to make such judgments myself;
- HEREBY RELEASE, INDEMNIFY, HOLD HARMLESS (for myself and on behalf of my heirs, executors, assigns, personal representatives, assigns, and next of kin) and agree not to sue Cactus Dodgeball, their officers, officials, members, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the Activity, with RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property associated with my presence or participation in any programs, events or activities of Cactus Dodgeball, including injury or damage to my person or property, or to that of any other person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE to the fullest extent permitted by law;
- COVENANT to indemnify, defend, and hold harmless to the fullest extent permitted by law the Releasees from any loss or damages, including reasonable attorneys’ fees and litigation expenses, which may be incurred by them in the event any such claims are asserted against them or any of them. I understand that medical claims are my responsibility;
- AGREE TO be respectful to all Cactus Dodgeball members and acknowledge that if a Sexual Harassment claim is found to be valid, I will be banned from Cactus Dodgeball. Sexual Harassment is defined as any harassment based on a person’s sex, such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature, including offensive remarks about a person’s gender. Both males and females can be victims of sexual harassment. Prohibited behavior includes any behavior that creates an offensive environment Complaints of harassment will be documented and investigated as soon as possible and a resolution provided to the victim in writing within 30 days. Insofar as possible, complaints will be maintained as confidential to prevent retaliation while the complaint is being researched and/or resolved. Cactus Dodgeball prohibits retaliation of any kind against an individual claiming harassment.
- INTEND that this Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law;
- AUTHORIZE my email address to be added to the Cactus Dodgeball’s mailing list. I give them permission to contact me about their events and promotions;
- ACKNOWLEDGE THAT any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties;
- UNDERSTAND THAT this voluntary liability waiver form shall be in full force and effect at all times during my participation in the Activity, of any kind or nature, and for whatever period of time I participate in said Activities, either continuously or from time to time, as the case may be.
BY CHECKING THE BOX UPON REGISTRATION OR SIGNING THE WAIVER IN PERSON AT ANY CACTUS DODGEBALL ACTIVITY, I ACKNOWLEDGE THAT I HAVE READ THIS VOLUNTARY LIABILITY WAIVER FORM AND RELEASE OF LIABILITY, AND I FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT FREELY, KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS. I DECLARE THAT I AM EIGHTEEN (18) YEARS OLD OR OLDER AND AM LEGALLY COMPETENT TO EXECUTE AND AGREE TO THE TERMS AND CONDITIONS OF THIS VOLUNTARY LIABILITY WAIVER FORM AND RELEASE OF LIABILITY.