Black Forest Performance Center Waiver
"Event": The Event is the voluntary use of the Black Forest Performance Center training (Venue) for training, lessons, and recreation.
"Date": This is a continuing release and indemnity agreement which never expires.
"Venue": The Venue is the sports court in the Black Forest Performance Center located at 14290 Herring Road, Colorado Springs, CO 80908, and all areas within the legal bounded property at the same address.
In consideration of being permitted to voluntarily participate in activities during the Event, the undersigned, for himself/herself as a participant, or on behalf of his/her child or ward as participant, as applicable (the "Undersigned"), hereby forever releases and discharges, and covenants not to sue, the Venue; and Double M Concrete LLC, including owners and LLC Members of the business and the Venue (collectively, the "Released Parties") from all present and future liabilities, debts, obligations, costs, expenses, damages, losses, charges, judgements, executions, liens, claims, demands, actions or causes of action of whatever nature or description, in equity or a law (herein, the "Released Claims"), which the Undersigned may now have, or may, or could, or shall hereafter have against the Released Parties, whether known or unknown, suspected or unsuspected, asserted or not asserted, arising out of activities related to and participation in the Event, even if the risk and liabilities that the Undersigned is releasing by this Release arise out of the negligence or carelessness of the Released Parties, whether active or passive, or from any hidden, latent or obvious defects in any of the facilities or equipment used, of one or more of the Released Parties.
The Undersigned further agrees to indemnify and hold harmless each of the Released Parties from any and all claims, charges, liabilities, obligations and demands (including reasonable attorney's fees) brought against any of the Released Parties in connection with the participant's participation at the Event, whether now existing or arising in the future, and accepts all legal responsibility for participant's actions and participation at the Event. The Undersigned understands, acknowledges, and accepts that this Release is intended to be binding on the Undersigned, the Undersigned's family, estate, heirs, executors, administrators, and assigns.
The Undersigned further understands, acknowledges and accepts that participation in the Event involves certain inherent risks, including but not limited to serious bodily injury (including death) and agrees that participant's participation is completely voluntary, with full knowledge of the risks involved, and accepts such risk. The Undersigned certifies that he/she is in sufficient mental and physical condition to participate in the Event.
The Undersigned understands, acknowledges and accepts the possibility that the Undersigned or his/her successors may not now fully know the number or magnitude of all the Released Claims, but nevertheless intends to assume the risk by releasing such unknown claims, and agrees that this Release is a full and final release and waiver of all the Released Claims. This Release is the complete agreement between the Undersigned and the Released Parties and supersedes all prior agreements or understandings, written or oral. This Release may not be amended or modified other than by a written agreement executed by the parties hereto or their respective successors and legal representatives.
The Undersigned acknowledges that he/she has carefully read this Release, fully understands its contents and the fact that he/she is giving up certain legal rights and agrees to its terms, is over the age of 18 and is signing this Release voluntarily and under no duress, coercion or undue influence, or threat of the same. This Release shall be governed by and construed in accordance with the laws of the State of Colorado, without reference to the principles of conflicts of laws. The Undersigned intends for and agrees that this Release should be construed broadly to provide a release, indemnification and waiver to the maximum extent allowed by the law. Each of the paragraphs contained in this Release shall be enforceable independently of every other paragraph in this Release, and the invalidity or non-enforceability of any paragraph shall not invalidate any other paragraph contained in this Release.
If participant is under 18
This is to certify that I, as parent/guardian with legal responsibility for this minor participant, do consent and agree to his/her release and provided above of all the Released Parties, and for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless each of the Released Parties from any and all liabilities incident to my minor child's involvement or participation in the Event even if arising from their negligence, to the fullest extent permitted by law.