The Big House Waiver
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter referred to as the “Release Agreement”)
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
PLEASE READ CAREFULLY.
DEFINITIONS:
In this Release Agreement, the terminology will be defined as follows:
The Big House AND Chet Lemon Enterprises, Inc. - hereinafter referred to as “the ORGANIZATION” and its (their) directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors, and assigns (all of whom are hereinafter referred as “RELEASEES”)
All Activities - hereinafter referred to as “SPORT”, including, but not limited to observation or use of facilities or equipment, events or services provided, arranged, organized, conducted, sponsored, or authorized by RELEASEES, or participation in any off-site program affiliated with the ORGANIZATION, and shall include, but is not limited to SPORT, SPORT rental, orientational and instructional courses, seminars and sessions, travel, transport and accommodation, and other such activities, events and services in any way connected with or related to SPORT.
The Undersigned - hereinafter referred to as “PARTICIPANT”, “himself”, “herself”, “I”, and/or “Myself”.
AGREEMENT:
In consideration of being permitted to participate in SPORT and/or utilize the facilities, services and programs of the ORGANIZATION, PARTICIPANT, for himself or herself and any personal representatives, heirs, and next of kin, hereby acknowledges, agrees and represents that he or she has, or immediately upon entering or participating will, inspect and carefully consider such premises and facilities or the affiliated program. It is further warranted that such entry into the ORGANIZATION for observation or use of any facilities or equipment or participation in such affiliated program constitutes an acknowledgement that such premises and all facilities and equipment thereon and such affiliated program have been inspected and carefully considered and that the undersigned finds and accepts same as being safe and reasonably suited for the purpose of such observation, use or participation.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER THE ORGANIZATION FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO OBSERVATION OR USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY OFF-SITE PROGRAM AFFILIATED WITH the ORGANIZATION. PARTICIPANT HEREBY AGREES TO THE FOLLOWING:
PROTECTIVE EQUIPMENT:
I have been advised to wear all protective equipment that is required by the rules and regulations of the governing body for my sport.
ASSUMPTION OF RISKS:
I am aware that SPORT involves many risks, dangers and hazards. The risks, dangers and hazards, including but not limited to: travel or transport to and from the sites used for SPORT; travel on highways and backcountry roads; failing to play safely or within the limitations of one’s own abilities, negligence of other participants; and NEGLIGENCE ON THE PART OF RELEASEES, INCLUDING THE FAILURE ON THE PART OF RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF SPORT.
I ACKNOWLEDGE THAT SPORT PARTICIPATION INCLUDES POSSIBLE EXPOSURE TO AND ILLNESS FROM INFECTIOUS DISEASES INCLUDING BUT NOT LIMITED TO MRSA, INFLUENZA, COVID-19 OR ANY MUTATION THEREOF. WHILE PARTICULAR RULES AND PERSONAL DISCIPLINE MAY REDUCE THE RISKS, THE RISK OF SERIOUS ILLNESS AND DEATH DOES EXIST.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH SPORT AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM AT THE ORGANIZATION.
I certify that I am physically and mentally fit to participate in SPORT at the ORGANIZATION and have not been advised by a qualified medical professional not to participate in any SPORT such as those offered at the ORGANIZATION. I certify that there are no health‐related reasons or problems which preclude my participation in these SPORT or events and have disclosed to the ORGANIZATION any underlying medical conditions.
I hereby consent to receive medical treatment which may be deemed advisable by the ORGANIZATION in the event of injury, accident, and/or illness during my participation in SPORT at the ORGANIZATION. I agree that I will not hold RELEASEES responsible for any claims resulting from any medical treatment I receive. I certify that I currently have medical/health insurance or a current membership to a National Governing Body to cover any injuries that I may sustain during my participation in SPORT at the ORGANIZATION.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT:
In consideration of the RELEASEES agreeing to my participation in SPORT and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
TO RELEASE, WAIVE, AND DISCHARGE ANY AND ALL CLAIMS that I or my heirs, assigns, personal representatives, and next of kin, may have now or in the future against the ORGANIZATION, and its officers, directors, employees, contractors, subcontractors, sponsors, suppliers, national organizations or associations, representatives, agents, affiliates, insurers, successors and assigns; other participants, teams, sponsors, and advertisers of SPORT at the ORGANIZATION; and if applicable, owners and lessors of the premises used by the ORGANIZATION for any liability expenses, loss or damage to person or property, injury, death or disability suffered from or in connection with my presence or participation in SPORT at the ORGANIZATION due to any cause whatsoever, INCLUDING THE NEGLIGENCE ON THE PART OF THE RELEASEES. I HEREBY AGREE NOT TO SUE OR MAKE CLAIMS AGAINST THE RELEASEES AND GIVE UP ALL MY RIGHTS TO DO SO.
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASEES, WITH RESPECT TO ANY AND ALL LIABILITY, INJURY, DISABILITY, DEATH or loss or damage to person or property, or expenses or fees (including reasonable attorney’s fees) associated with my presence or participation in SPORT at the ORGANIZATION WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
DAMAGES:
PARTICIPANT further agrees to pay for any damages to the ORGANIZATION and/or the ORGANIZATION’s property which results from the willful or negligent conduct of PARTICIPANT or PARTICIPANT’s dependent children.
GOVERNING LAW:
This Release Agreement shall be governed by the laws in the State of Florida, and any legal action relating to or arising out of this Release Agreement shall be commenced in Lake County, Florida. Florida state law (exclusive of any choice of law or conflicts of law principles) shall govern this Agreement. Parties irrevocably consent to the jurisdiction of the state or federal courts serving Lake County, Florida for the resolution of any disputes arising under this Agreement.
The PARTICIPANT further expressly agrees that the foregoing Release Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
This Agreement contains the entire agreement between the PARTICIPANT and the ORGANIZATION concerning its subject matter. This Agreement supersedes any prior agreements or understandings between PARTICIPANT or Parent and the ORGANIZATION concerning the subject matter of this Agreement and will remain in effect and unless and until replaced by a new written agreement.
PHOTOGRAPHY RELEASE:
I hereby agree to allow the ORGANIZATION to record and publish photos and videos (including audio) of PARTICIPANT and/or family members for the purpose of promoting the ORGANIZATION in a manner that does not violate the appropriate NCAA Bylaws and for documenting and/or reporting events and activities. I understand photographs, video and/or audio tape recordings to be taken of PARTICIPANT and/or family members at practice, during competition, recreational play, as well as other ORGANIZATION related events. I understand that this media will be produced and used for promotional purposes that do not violate NCAA Bylaws, and I authorize the ORGANIZATION to use my/our photograph, video and/or audio recording on its website and social media platforms, such as Facebook, Twitter, Instagram, YouTube, Four Square and Pinterest, etc., as well as other official printed publications without further consideration. In addition, I acknowledge that the ORGANIZATION has the right to crop or treat the media at its discretion, and I also acknowledge that the ORGANIZATION may choose not to use my/our image at this time, but may do so as its own discretion at a later date. I also understand that once I, or my family members, image(s) have been captured, they may be posted on ORGANIZATION’s website or social media platforms, and that the image can be downloaded by any computer user on or off the premises of the ORGANIZATION. The ORGANIZATION also reserves the right to discontinue use of photos without notice.
I HEREBY WARRANT THAT I AM OF LEGAL AGE AND AUTHORIZED TO ENTER INTO THIS RELEASE AGREEMENT ON BEHALF OF MYSELF OR OF THE MINOR. I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVE MAY HAVE AGAINST THE RELEASEES.
Electronic Signature Authorization
By applying my electronic signature to this agreement, I agree that my electronic signature is the legally binding equivalent of my handwritten signature on paper. I will not, at any future time, claim that my electronic signature is not legally binding or enforceable. By electronically signing and submitting this agreement, I 1) acknowledge that I have read and fully understand the terms of the agreement; 2) voluntarily agree to be bound by this agreement; and 3) certify that I am 18 years of age or older. My signature applies to all pages of this contract. I understand that I will receive a Portable Document Format (PDF) version of this agreement after it is signed at the email address I have provided. To view the PDF document, I understand that I will need software that enables me to receive and access PDF files such as Adobe Reader software or other software capable of reading a PDF file. In order to print and retain a hard copy of this agreement, I understand that I will also need a printer connected to my computer. I understand that if I wish to sign a hard copy of this agreement instead of an electronic version, I must contact the party that requires my signature on this agreement directly.
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
PLEASE READ CAREFULLY.
DEFINITIONS:
In this Release Agreement, the terminology will be defined as follows:
The Big House AND Chet Lemon Enterprises, Inc. - hereinafter referred to as “the ORGANIZATION” and its (their) directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors, and assigns (all of whom are hereinafter referred as “RELEASEES”)
All Activities - hereinafter referred to as “SPORT”, including, but not limited to observation or use of facilities or equipment, events or services provided, arranged, organized, conducted, sponsored, or authorized by RELEASEES, or participation in any off-site program affiliated with the ORGANIZATION, and shall include, but is not limited to SPORT, SPORT rental, orientational and instructional courses, seminars and sessions, travel, transport and accommodation, and other such activities, events and services in any way connected with or related to SPORT.
The Undersigned - hereinafter referred to as “PARTICIPANT”, “himself”, “herself”, “I”, and/or “Myself”.
AGREEMENT:
In consideration of being permitted to participate in SPORT and/or utilize the facilities, services and programs of the ORGANIZATION, PARTICIPANT, for himself or herself and any personal representatives, heirs, and next of kin, hereby acknowledges, agrees and represents that he or she has, or immediately upon entering or participating will, inspect and carefully consider such premises and facilities or the affiliated program. It is further warranted that such entry into the ORGANIZATION for observation or use of any facilities or equipment or participation in such affiliated program constitutes an acknowledgement that such premises and all facilities and equipment thereon and such affiliated program have been inspected and carefully considered and that the undersigned finds and accepts same as being safe and reasonably suited for the purpose of such observation, use or participation.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER THE ORGANIZATION FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO OBSERVATION OR USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY OFF-SITE PROGRAM AFFILIATED WITH the ORGANIZATION. PARTICIPANT HEREBY AGREES TO THE FOLLOWING:
PROTECTIVE EQUIPMENT:
I have been advised to wear all protective equipment that is required by the rules and regulations of the governing body for my sport.
ASSUMPTION OF RISKS:
I am aware that SPORT involves many risks, dangers and hazards. The risks, dangers and hazards, including but not limited to: travel or transport to and from the sites used for SPORT; travel on highways and backcountry roads; failing to play safely or within the limitations of one’s own abilities, negligence of other participants; and NEGLIGENCE ON THE PART OF RELEASEES, INCLUDING THE FAILURE ON THE PART OF RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF SPORT.
I ACKNOWLEDGE THAT SPORT PARTICIPATION INCLUDES POSSIBLE EXPOSURE TO AND ILLNESS FROM INFECTIOUS DISEASES INCLUDING BUT NOT LIMITED TO MRSA, INFLUENZA, COVID-19 OR ANY MUTATION THEREOF. WHILE PARTICULAR RULES AND PERSONAL DISCIPLINE MAY REDUCE THE RISKS, THE RISK OF SERIOUS ILLNESS AND DEATH DOES EXIST.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH SPORT AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM AT THE ORGANIZATION.
I certify that I am physically and mentally fit to participate in SPORT at the ORGANIZATION and have not been advised by a qualified medical professional not to participate in any SPORT such as those offered at the ORGANIZATION. I certify that there are no health‐related reasons or problems which preclude my participation in these SPORT or events and have disclosed to the ORGANIZATION any underlying medical conditions.
I hereby consent to receive medical treatment which may be deemed advisable by the ORGANIZATION in the event of injury, accident, and/or illness during my participation in SPORT at the ORGANIZATION. I agree that I will not hold RELEASEES responsible for any claims resulting from any medical treatment I receive. I certify that I currently have medical/health insurance or a current membership to a National Governing Body to cover any injuries that I may sustain during my participation in SPORT at the ORGANIZATION.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT:
In consideration of the RELEASEES agreeing to my participation in SPORT and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
TO RELEASE, WAIVE, AND DISCHARGE ANY AND ALL CLAIMS that I or my heirs, assigns, personal representatives, and next of kin, may have now or in the future against the ORGANIZATION, and its officers, directors, employees, contractors, subcontractors, sponsors, suppliers, national organizations or associations, representatives, agents, affiliates, insurers, successors and assigns; other participants, teams, sponsors, and advertisers of SPORT at the ORGANIZATION; and if applicable, owners and lessors of the premises used by the ORGANIZATION for any liability expenses, loss or damage to person or property, injury, death or disability suffered from or in connection with my presence or participation in SPORT at the ORGANIZATION due to any cause whatsoever, INCLUDING THE NEGLIGENCE ON THE PART OF THE RELEASEES. I HEREBY AGREE NOT TO SUE OR MAKE CLAIMS AGAINST THE RELEASEES AND GIVE UP ALL MY RIGHTS TO DO SO.
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASEES, WITH RESPECT TO ANY AND ALL LIABILITY, INJURY, DISABILITY, DEATH or loss or damage to person or property, or expenses or fees (including reasonable attorney’s fees) associated with my presence or participation in SPORT at the ORGANIZATION WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
DAMAGES:
PARTICIPANT further agrees to pay for any damages to the ORGANIZATION and/or the ORGANIZATION’s property which results from the willful or negligent conduct of PARTICIPANT or PARTICIPANT’s dependent children.
GOVERNING LAW:
This Release Agreement shall be governed by the laws in the State of Florida, and any legal action relating to or arising out of this Release Agreement shall be commenced in Lake County, Florida. Florida state law (exclusive of any choice of law or conflicts of law principles) shall govern this Agreement. Parties irrevocably consent to the jurisdiction of the state or federal courts serving Lake County, Florida for the resolution of any disputes arising under this Agreement.
The PARTICIPANT further expressly agrees that the foregoing Release Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
This Agreement contains the entire agreement between the PARTICIPANT and the ORGANIZATION concerning its subject matter. This Agreement supersedes any prior agreements or understandings between PARTICIPANT or Parent and the ORGANIZATION concerning the subject matter of this Agreement and will remain in effect and unless and until replaced by a new written agreement.
PHOTOGRAPHY RELEASE:
I hereby agree to allow the ORGANIZATION to record and publish photos and videos (including audio) of PARTICIPANT and/or family members for the purpose of promoting the ORGANIZATION in a manner that does not violate the appropriate NCAA Bylaws and for documenting and/or reporting events and activities. I understand photographs, video and/or audio tape recordings to be taken of PARTICIPANT and/or family members at practice, during competition, recreational play, as well as other ORGANIZATION related events. I understand that this media will be produced and used for promotional purposes that do not violate NCAA Bylaws, and I authorize the ORGANIZATION to use my/our photograph, video and/or audio recording on its website and social media platforms, such as Facebook, Twitter, Instagram, YouTube, Four Square and Pinterest, etc., as well as other official printed publications without further consideration. In addition, I acknowledge that the ORGANIZATION has the right to crop or treat the media at its discretion, and I also acknowledge that the ORGANIZATION may choose not to use my/our image at this time, but may do so as its own discretion at a later date. I also understand that once I, or my family members, image(s) have been captured, they may be posted on ORGANIZATION’s website or social media platforms, and that the image can be downloaded by any computer user on or off the premises of the ORGANIZATION. The ORGANIZATION also reserves the right to discontinue use of photos without notice.
I HEREBY WARRANT THAT I AM OF LEGAL AGE AND AUTHORIZED TO ENTER INTO THIS RELEASE AGREEMENT ON BEHALF OF MYSELF OR OF THE MINOR. I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVE MAY HAVE AGAINST THE RELEASEES.
Electronic Signature Authorization
By applying my electronic signature to this agreement, I agree that my electronic signature is the legally binding equivalent of my handwritten signature on paper. I will not, at any future time, claim that my electronic signature is not legally binding or enforceable. By electronically signing and submitting this agreement, I 1) acknowledge that I have read and fully understand the terms of the agreement; 2) voluntarily agree to be bound by this agreement; and 3) certify that I am 18 years of age or older. My signature applies to all pages of this contract. I understand that I will receive a Portable Document Format (PDF) version of this agreement after it is signed at the email address I have provided. To view the PDF document, I understand that I will need software that enables me to receive and access PDF files such as Adobe Reader software or other software capable of reading a PDF file. In order to print and retain a hard copy of this agreement, I understand that I will also need a printer connected to my computer. I understand that if I wish to sign a hard copy of this agreement instead of an electronic version, I must contact the party that requires my signature on this agreement directly.