Personal Information Vaulter's Name*
First
Last
Home Address*
Vaulter's Date of Birth*
Medical Information Primary/Emergency Contact* The primary contact will be used in the case of emergencies and for general communication.
First Name
Last Name
If yes, please describe.*
If so, please provide instructions and any other relevant information.* If so, please provide instructions and any other relevant information.
Pole Vault Information Briefly explain your pole vaulting experience.*
Consents Consent to Contact Participant* By selecting "I agree", I authorize RISE Pole Vault Coaches to communicate with the participant via mobile device and email about RISE Pole Vault matters.
I agree
Promotional Material Consent* By selecting "I agree", I authorize RISE Pole Vault to use the participant's name and photo in APPROPRIATE, POSITIVE, and GYM RELATED promotional materials including but not limited to promotional videos, website photos, posters, gym artwork, flyers, stickers, and other materials to help promote RISE Pole Vault.
I agree
Social Media Sharing Consent* By selecting "I agree", I authorize RISE Pole Vault to post APPROPRIATE and POSITIVE videos/encouragements of the vaulter on the internet. If at anytime you would like these posts removed or you would like to "deauthorize" RISE Pole Vault from posting videos or encouragements of you/your child, this request can be sent to support@risepolevault.com and action will be taken immediately.
I agree
Cancellation and Refund Policy Consent* RISE Pole Vault DOES NOT OFFER RESCHEDULING, PAUSING OF MEMBERSHIPS, OR MAKE UPS AT THIS TIME. PLEASE READ OUR MEMBERSHIP AGREEMENT TO UNDERSTAND OUR POLICIES AND LEARN ABOUT THE OPPORTUNITY TO RESCHEDULE DURING THE IHSA SEASON.
In the event of gym closure or class cancellation initiated by RISE POLE VAULT, make ups will be allowed within TWO WEEKS of the closure or cancellation and must be scheduled by emailing support@risepolevault.com. DO YOU AGREE TO THESE TERMS?
In the event of club closure or class cancellation, classes will be refunded in the form of an account credit.
Do you agree to these terms?
I agree
Recurring Payment Consent* By selecting “I agree”, I understand and authorize RISE Pole Vault to set up a monthly recurring payment in the amount selected in this checkout form beginning at the completion of the payment process.
I agree.
MEMBERSHIP AGREEMENT
THIS MEMBERSHIP AGREEMENT (“Agreement” ), when signed by the person signing
below as the member (“Member” ) and accepted by RISE Pole Vault LLC, an Illinois limited
liability company (“Company” ), shall govern the membership rights of Member and the
relationship between Member and the Company relating thereto.
The Company and Member are sometimes referred to collectively herein as the
“Parties” and individually each a “Party.”
This Agreement consists of this Membership Agreement, the Release of Liability and
Assumption of Risk in the form attached hereto as Schedule 1 (which includes the Safety
Guidelines attached thereto as Exhibit A “Safety Guidelines” ) (“Release of Liability and
Assumption of Risk”) , Additional Rules (as defined below), all as may be amended or modified
from time to time, and shall constitute the full agreement between the Company and Member
with respect to Member’s use and access to the Company’s facilities, coaching and training.
THIS AGREEMENT AND ALL EXHIBITS AND SCHEDULES ATTACHED HERETO
CONTAIN RELEASE AND INDEMNIFICATION PROVISIONS AND LIMITATIONS ON THE
COMPANY’S LIABILITY. YOU ARE URGED TO READ IT CAREFULLY, AS YOU ARE
WAIVING CERTAIN RIGHTS.
Member understands that pole vaulting related activities and training are potentially
dangerous activities that involve the risk of serious injury, disability, death and/or property
damage. As a condition of entering into this Agreement, the Member agrees to enter into that
certain Release of Liability and Assumption of Risk form attached hereto as Schedule 1 and
agrees to all of the terms and conditions and guidelines included therein. If the Member is a
minor, then the parent or legal guardian of the minor named above shall consent to this
Agreement by executing this Agreement and the Release of Liability and Assumption of Risk
form attached hereto as Schedule 1 .
The Company is a privately owned pole vaulting and sports club sports club available for
the use of Members. Memberships are available on a monthly basis or annual basis. Payment
of the membership fee does not grant Member any ownership rights in the Company or its
facilities, or any rights of use or access not specifically set forth in this Agreement by the
Company. The Company, in its sole discretion, reserves the right to refuse use of the
Company’s facilities, coaching and training (the “Facilities” ) to any person. Memberships are
not transferable, and membership should not be viewed or acquired as an investment.
The purpose of this Agreement, which is legally binding on the Company and the
Member, is to set out the terms and conditions upon which Member will be entitled to use the
Facilities of the Company, and certain rights and obligations of the parties with respect thereto.
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set
forth herein, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
Section 1. Membership Agreement
1.1 Membership and Benefits. Upon full payment of applicable fees, Member shall be
entitled to the benefits and privileges described in the Membership Benefits & Pricing, attached
hereto as Schedule 2 . Member’s membership shall be for a period of beginning on the date
Member’s application is accepted by the Company. The Company may, at any time, in its sole
discretion, offer other and different types of memberships and limit the number of memberships
available at any given time. All fees associated with the Company membership, unless
otherwise specified in this Agreement, are non-refundable. Any future revisions to the
membership terms, including, without limitation, revisions to the Safety Guidelines, and/or to any
Additional Rules made by the Company, shall be automatically incorporated into and made a
part of this Agreement.
1.2 Membership Fees . The current fees applicable to the membership are set forth in the
Company’s Member Benefits & Pricing document, attached hereto as Schedule 2 . The current
fees and dues are subject to change in the sole discretion of the Company.
1.3 Nature of Membership . Member acknowledges that membership does not give
Member any equity or ownership interest in the Company or the Facilities. Member
acknowledges that the interest acquired pursuant to this Agreement is only that of a revocable
license to use the Facilities under supervision and instruction of a Company coach pursuant to
the terms, covenants and conditions contained in this Agreement. Members shall not be subject
to any liability for capital or operating assessments for the costs and expenses of owning or
operating the Company, nor shall members be entitled to any revenues or profits relating to the
ownership or operation of the Company or its Facilities.
1.4 Limitations on Access . Member acknowledges that access to and use of the
Facilities by Member is subject to regulation by the Company. Access to the Facilities at times
other than those designated as Company events may be limited.
1.5 No Transfer of Membership . Membership cannot be transferred or sold.
1.6 Personal Property . Each Member and guest is responsible for their personal
property. The Company is not responsible for lost or damaged property or property stolen from
anywhere at the Facilities, and specifically disclaims any such responsibility.
Section 2. Payment of Membership Fees
2.1 Membership Fees . Membership fees shall be paid, on the same date each month. This date being determined by the date of the Member's submitted registration. Membership fees shall be paid each calendar month during the membership term, without any set-off, offset, abatement, or deduction whatsoever in US dollars by credit card. The Company reserves the right to change the membership fee in its sole and exclusive discretion. No Member may use the Facilities if their membership fee has not been timely paid. Failure to pay such fees when due, including any late fees or similar charges, shall be grounds for revocation of all membership privileges.
2.2 Recurring Credit Card Payment . Member authorizes regularly scheduled
charges to Member’s credit card on file with the Company. Member will be charged the amount
described herein each month. A receipt for each payment will be provided to Member upon
request and a charge will appear on Member’s credit card statement. Member agrees that no
prior notification will be provided in advance of Member’s credit card being charged. Member understands that this authorization will remain in effect until Member cancels it via EMAIL SUBMITTED TO SUPPORT@RISEPOLEVAULT.COM. Member certifies that Member is an
authorized user of the credit card and will not dispute the scheduled transactions so long as
they are in compliance with this Agreement.
Section 3. Conditions To Participate
3.1 Release of Liability and Assumption of Risk . Member agrees to enter into that
certain Release of Liability and Assumption of Risk form attached hereto as Schedule 1 as may
be amended from time to time and agrees to all of the terms and conditions and guidelines
included therein. If the Member is a minor, then the parent or legal guardian of the minor named
above shall consent to this Agreement by executing this Agreement and the Release of Liability
and Assumption of Risk form attached hereto as Schedule 1 .
3.2 Safety Guidelines . Member agrees to at all times adhere to the Safety
Guidelines issued from time to time by the Company, a copy of which is attached hereto as
Schedule 2 . Member acknowledges that the Safety Guidelines are subject to change from time
to time by the Company at its discretion. Members may obtain a copy of the current Safety
Guidelines at any time upon request. Member’s continued participation in Company events
following the posting of revised Safety Guidelines means that Member accepts and agrees to
the changes. Member is expected to check with the Company before participating in Company
events to ensure the Member is aware of any changes.
3.3 Medical . Member acknowledges that it is Member’s own personal responsibility to be
in such proper physical and mental condition as to allow the Member to participate in pole
vaulting activities and training without creating undue or unusual risk to Member or other
persons.
3.4 Restrictions . In the interests of the safety of Members and others, the Company may
from time to time establish regulations limiting or restricting the rights of Members and other
persons to use the Track, in its sole and exclusive discretion.
Section 4. Rules and Regulations
4.1 Rules and Regulations . The Company shall have the right to make additional rules
and regulations for the use of all or any part of the Facilities (the “Additional Rules” ), and the
Company’s interpretation of the Additional Rules shall be final. Any changes to the Safety
Guidelines and/or Additional Rules shall become effective immediately upon posting a copy
thereof in a conspicuous place on the Company premises and shall apply thereafter to all
Members and guests. Member agrees to be bound by the terms this Agreement, the Safety
Guidelines and the Additional Rules, and agrees to be bound by any and all changes, repeals,
amendments or additions to the same. The Company reserves the right to modify and amend all
rules at any time, in its sole and exclusive discretion.
4.2 Enforcement . All Members must use the Facilities in accordance with this
Agreement, the Safety Guidelines, and the Additional Rules (collectively the “Rules” ). All
Company Rules shall be exclusively administered and enforced by the Company. Members
shall have no authority to enforce the Rules; only the Company may do so. The Company shall
take reasonable action to enforce the Rules but shall not be liable for a failure to do so.
Section 5. Liability for Use of Property
If a Member, or the guest of a Member, damages the Facilities, or causes personal injury
while on or near the Facilities, such Member shall be liable for all claims, damages and costs
arising therefrom, whether compensatory, consequential, punitive or incidental, including
attorney’s fees, and the Member so responsible, or the Member whose guest was responsible,
shall defend, indemnify, and hold harmless the Company and its members, managers, officers,
employees, agents, affiliates, successors, and assigns (the “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 Agreement, and the cost
of pursuing any insurance providers, incurred by the Company or any other Releasees arising
out or resulting from any claim by Member or of a third party related to Member’s participation
pursuant to this Agreement, including any claim related to Member’s own negligence or the
ordinary negligence of the Company.
Section 6. Advertising and Promotion Release
The Company, its duly authorized agents and assigns, may use Member’s name and
likeness and photographic, videotape and other images of Member, and that of Member’s
guests in any way and for any lawful purpose, and Member and Member’s guests hereby duly
consent to such use and relinquishes all rights thereto.
Section 7.Indemnity, Warranties, Remedies, Limitation of Liability
7.1 Acknowledgment . Member acknowledges and agrees that:
A. Use of the Facilities is for the sole benefit of Member;
B. Use of Facilities and pole vaulting activities are hazardous and involve
extraordinary risk of serious personal injury or death, as well as the risk of
damage to property;
C. Member freely and willingly accepts and voluntarily assumes all risks of property
damage, personal injury or death in connection with Member’s presence at the
Company and the use of the Facilities, and the presence at the Company and
use of the Facilities by Member’s guests;
D. The nature of the services to be provided under the terms of this Agreement
make it appropriate, equitable and essential to provide for the allocation of the
risks and liabilities, the limitation of remedies, and the indemnification of the
Company and the other Releasees, all as set forth in this Agreement and by the
Release of Liability and Assumption of Risk attached hereto as Schedule 1 >,
which shall be signed by Member (and by Member’s parent or guardian if
Member is a minor) before use of the Facilities.
7.2 Covenant Not to Sue . Member hereby releases, waives, discharges and covenants
not to sue the Releasees for and from all liability to Member, Member’s personal
representatives, assigns, heirs and next of kin for any and all loss or damage, and any claim or
demands therefore on account of injury to Member’s person or property or resulting in the death of Member, or any other damage or expense arising in connection with Member’s membership,
whether caused by the negligence of the Releasees or otherwise.
7.3 Indemnification . Member agrees to indemnify, defend, and hold harmless the
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 attorneys' fees, fees and the costs of enforcing any right to indemnification
under this Agreement, and the cost of pursuing any insurance providers, incurred by Releasees,
relating to any claim of a third party or Company arising out of or occurring in connection with
the Member’s or any of Member’s invitees in or upon the Facilities, or in connection with
Member or any of Member’s invitees’ negligence, willful misconduct, or breach of this
Agreement regardless of whether caused by the negligence of any of the Releasees or
otherwise. Member shall not enter into any settlement without Company's or Releasee’s prior
written consent.
7.4 No Warranty . The Facilities and all aspects of membership in the Company are
made available for use "as is", and the Company makes no warranty as to their use, safety, or
performance. Except to the extent any warranty, representation, term or condition cannot or may
not be excluded or limited by law, the Company makes no warranty or representation either
express or implied, whether by statute, common law, custom, usage or otherwise as to any
matter including without limitation merchantability, satisfactory quality, or fitness for any
particular purpose.
7.5 Limitation of Liability . IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE
OR LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION
IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF ANY PROVISION OF
THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE
FORESEEABLE, (B) WHETHER OR NOT THE COMPANY WAS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY
(CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND
NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS
ESSENTIAL PURPOSE. IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY
UNDER THIS AGREEMENT EXCEED THE TOTAL OF THE AMOUNTS PAID TO THE
COMPANY HEREUNDER.
Section 8. Suspension and Termination of Membership
8.1 Absolute Right of the Company . The Company shall have the absolute right, in its
sole and absolute discretion, to suspend or terminate the rights and privileges of membership of
any Member if said Member (or guest of a Member):
A. Willfully refuses or neglects to comply with the provisions of this Agreement,
Safety Guidelines or the Additional Rules;
B. Engages in reckless or other conduct that endangers the safety of Member or
any other person, or engages in other conduct that, in the sole judgment of the
Company, is harmful to the interests of the Company; or
C. Fails to reinstate Member’s membership within 60 days of suspension for
non-payment of indebtedness to the Company.
8.2 Resignation . Member may resign Member’s membership in the Company at any
time by giving notice in writing to the Company, but shall continue to be liable for any
indebtedness to the Company at the date of Member’s resignation. If a Member wishes to
terminate his or her membership at the Company, the Member shall provide a written email to:
support@risepolevault.com.com at least seven (7) days prior to such Member’s scheduled auto pay date
expressly terminating the membership.
8.3 Effect of Termination or Resignation . Member’s resignation, or the termination or
suspension of Member’s rights or membership, will not relieve Member from any liability to the
Company or terminate Member’s obligations under Section 2 hereof. If Member’s membership
is terminated pursuant to this Section 8 , any dues shall be forfeited.
8.4 Company Property . All certificates, membership cards, and similar evidence of
membership are the property of the Company and shall be surrendered to the Company upon
membership termination.
8.5 Termination of All Memberships . The Company shall have the right, in its sole and
absolute discretion, to terminate all memberships in the Company upon not less than one (1)
year's written notice. Additionally, the Company shall also have the right, in its sole and
absolute discretion, to terminate or suspend all memberships in the Company upon the
occurrence of an event rendering the Facilities unusable or beyond repair.
Section 9. Miscellaneous
9.1 Entire Agreement . This Agreement, including and together with any related
schedules and exhibits constitutes the sole and entire agreement of the Parties with respect to
the subject matter contained herein, and supersedes all prior and contemporaneous
understandings, agreements, representations, and warranties, both written and oral, regarding
such subject matter.
9.2 Survival . Subject to the limitations and other provisions of this Agreement the
representations and warranties of the Parties contained herein shall survive the expiration or
earlier termination of this Agreement, as well as any other provision that, in order to give proper
effect to its intent, should survive such expiration or termination, shall survive the expiration or
earlier termination of this Agreement.
9.3 Notices . All notices hereunder must be in writing and addressed to the relevant Party
at the address set forth on the first page of this Agreement (or to such other address that may
be designated by the receiving Party from time to time).
9.4 Severability . If any term or provision of this Agreement is invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any
other term or provision of this Agreement or invalidate or render unenforceable such term or
provision in any other jurisdiction.
9.5 Amendments . No amendment to or modification of or rescission, termination, or
discharge of this Agreement is effective unless it is in writing, identified as an amendment to or
rescission, termination, or discharge of this Agreement and signed by an authorized
representative of each Party.
9.6 Waiver . No waiver by any party of any of the provisions of this Agreement shall be
effective unless explicitly set forth in writing and signed by the party so waiving. Except as
otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights,
remedy, power, or privilege arising from this Agreement shall operate or be construed as a
waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege
hereunder preclude any other or further exercise thereof or the exercise of any other right,
remedy, power, or privilege.
9.7 Cumulative Remedies . All rights and remedies provided in this Agreement are
cumulative and not exclusive, and the exercise by either Party of any right or remedy does not
preclude the exercise of any other rights or remedies that may now or subsequently be available
at law, in equity, by statute, in any other agreement between the Parties, or otherwise.
Notwithstanding the previous sentence, the Parties intend that Member's rights under Section 7
are Member's exclusive remedies for the events specified therein.
9.8 Assignment; Successors and Assigns . Member shall not assign any of its rights or
obligations under this Agreement without the prior written consent of Company. Any purported
assignment or delegation in violation of this Section shall be null and void. No assignment or
delegation shall relieve Member of any of its obligations hereunder. Company may at any time
assign, transfer, or subcontract any or all of its rights or obligations under this Agreement
without Member's prior written consent. This Agreement is binding on and inures to the benefit
of the Parties to this Agreement and their respective permitted successors and permitted
assigns.
9.9 No Third-Party Beneficiaries . This Agreement benefits solely the Parties to this
Agreement and their respective permitted successors and assigns and nothing in this
Agreement, express or implied, confers on any other Person any legal or equitable right, benefit
or remedy of any nature whatsoever under or by reason of this Agreement.
9.10 Choice of Law and Choice of Forum . This Agreement and all matters arising out of
or relating to this Agreement are governed by, and construed in accordance with, the laws of the
State of Illinois, without regard to the conflict of laws provisions of such State. Any legal suit,
action, or proceeding arising out of or relating to this Agreement must be instituted in the federal
courts of the United States of America or the courts of the State of Illinois, in each case located
in the City of Chicago and County of Cook, and each Party irrevocably submits to the exclusive
jurisdiction of such courts in any such suit, action, or proceeding. Service of process, summons,
notice, or other document by certified mail will be effective service of process for any suit,
action, or other proceeding brought in any such court.
9.11 Waiver of Jury Trial Waiver of Jury Trial. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY
CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT, INCLUDING EXHIBITS,
SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED TO THIS AGREEMENT, 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 AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES,
ATTACHMENTS, OR APPENDICES ATTACHED TO THIS AGREEMENT, OR THE
TRANSACTIONS CONTEMPLATED HEREBY.
9.12 Counterparts . This Agreement 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 Agreement 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 Agreement.
9.13 Headings . Headings in this Agreement are for convenience of reference only, and
are not to be used in any interpretation of the agreement between the parties.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first
above written.
COMPANY:
RISE Pole Vault LLC
By: Jake Winder
Name: Jake Winder
Title: Owner
MEMBER:
SCHEDULE 2
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 560A Joyce Rd. Joliet, IL 60436 (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.
I am the parent or legal guardian of the minor named below. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Release of Liability and Assumption of Risk. I further expressly waiver any cause of action, damages, costs or claims arising out of any injury to the minor named below.
Payment