RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named below (referred to as "I" or "me") desires to participate in pole vaulting related training, activities and competitions provided by RISE Pole Vault LLC, an Illinois limited liability company, located at 125 Capista Dr., Shorewood, IL 60404 (the "Company"), including, but not limited to the following: pole vaulting (straight pole vaulting, bent pole vaulting, straight pole drills, bent pole drills, platform vaulting and related activities), rope vaulting (platform rope vaulting, non-platform rope vaulting, platform rope vaulting drills, non-platform rope vaulting drills), gymnastics training (tumbling stunts, high bar exercises, parallel bar exercises and related activities), strength training (lifting weights, high bar exercises, rope exercises, body weight exercises and related activities), speed training (sprinting, sprinting drills, plyometric training and related activities) and other activities associated therewith (collectively the "Activity").
In consideration of being permitted by the Company to participate in the Activity and in recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth in this instrument (this "Release").
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY WITH INHERENT RISKS, EVEN WHEN ALL SAFETY PRECAUTIONS ARE TAKEN AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT RISKS INCLUDE OTHER INDIVIDUALS PARTICIPATING IN THE AREA, EQUIPMENT FAILURE AND EXCEEDING ONE’S OWN ABILITIES. I ACKNOWLEDGE THAT THE COMPANY DOES NOT AND CANNOT GUARANTY MY SAFETY. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its members, managers, officers, employees, agents, affiliates, successors, and assigns (collectively, "Releasees"), arising out of or on account of injury, disability, death, or property damage attributable to my participation in or otherwise related in any way to the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by the Company or any other Releasees arising out or resulting from any claim by me or of a third party related to my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of the Company.
I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.
I have received and agree to abide by the Company’s “Safety Guidelines,” a copy of which is attached as Exhibit A. I understand that the Company may update or amend the Safety Guidelines from time to time without notice and that it is my responsibility to adhere to the most recent Safety Guidelines then in effect.
I am aware and understand that I should not make any adjustments or modifications to any equipment used in the Activity without the Company’s consent.
As a condition of my being permitted to participate in the Activity, portions of which may be (but are not guaranteed to be) recorded or photographed, and in consideration of the opportunity to participate in the Activities and for good and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I grant permission to the Company, its successors and assigns, to utilize my appearance, name, voice and likeness (if at all) in connection with the Company in any and all manner and media throughout the world in perpetuity.
This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Cook County, Illinois and I hereby consent to the exclusive jurisdiction of such courts.
I ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS RELEASE, INCLUDING EXHIBITS, SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED TO THIS RELEASE, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS RELEASE, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS, OR APPENDICES ATTACHED TO THIS RELEASE, OR THE TRANSACTIONS CONTEMPLATED HEREBY.
This Release may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Release delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Release.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.
