Participant Release & Waiver of Liability

Participant Release & Waiver of Liability, Assumption of Risk, Indemnity, & Appearance Agreement

FOR MINORS: On consideration of participating in the Activity administered by Hammer and Jacks, I represent that I understand the nature of this Activity and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I acknowledge that if I believe event conditions are unsafe, I will immediately discontinue participation in the Activity. I fully understand that this Activity involves risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by my own actions, or inactions, those of others participating in the event, the conditions in which the event takes place, or the negligence of the “releasees” named below; and that there may be losses, cost, and damages I incur as a result of my participation in the Activity. I hereby release, discharge, and covenant not to sue Hammer and Jacks, its respective volunteers and employees, 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 future agree that if, despite this release, waiver of liability, and assumption of risk I, or anyone on my behalf, makes a claim against any of the releasees, I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost, which any may incur as the result of such claim.

 

APPEARANCE AGREEMENT: I understand that Hammer and Jacks produces promotional material relating to its programs and community spaces. I understand that as a participant in and/or a spectator at the Activity the Minor may be included in video or photographs taken during the Activity (open play, classes, birthday parties, etc.). All employees and associates of Hammer and Jacks will make all due efforts to ascertain permission from legal guardians before publishing media that contains visible faces or identifying information of minors. Therefore, without reservation or limitations, I, in my own behalf and on behalf of the Minor, hereby assign, transfer and grant to Hammer and Jacks, the right to photograph and/or video the Minor and to utilize such video and photographs and Minor’s face, likeness, voice and appearance as part of the Activity, in advertising and promoting the Activity or in advertising and promoting similar future activities and events. I further understand Hammer and Jacks, nor any other party is under any obligation to exercise any of the foregoing rights, licenses and privileges.

 

INFECTIOUS DISEASES: I acknowledge the contagious nature of viruses such as influenza and Coronavirus/COVID-19 and voluntarily assume the risk that my minor child(ren) and I may be exposed to, or infected by COVID-19 while visiting Hammer and Jacks and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by viruses such as influenza or Coronavirus/COVID-19 at Hammer and Jacks, or participating in its programs may result from the actions, omissions, or negligence of myself and others, including, but not limited to, employees, and their families. If a Minor in my care is exhibiting signs of illness or is knowingly infectious with any illness, I will not bring them to Hammer and Jacks community spaces. I understand that Hammer and Jacks reserves the right to refuse entry or ask any visitor to leave the space if they are exhibiting signs of illness.

 

PARENTAL CONSENT: AND, I, the minor’s parent and/or legal guardian, understand the nature of the above referenced activities and the Minor’s experience and capabilities and believe the minor to be qualified to participate in such activity. I hereby Release, discharge, covenant not to sue and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the Releasees from all liability, claims, demands, losses or damages on the minor’s account caused or alleged to have been caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, the minor, or anyone on the minor’s behalf makes a claim against any of the above Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss liability, damage, or cost any Releasee may incur as a result of any such claim. I authorize Hammer and Jacks to contact local emergency services and authorize transport of my child should immediate medical attention be needed.

 

I have read the RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY, AND APPEARANCE AGREEMENT, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.

 


Signee Information

All signees must be a parent and or legal guardian.

By clicking 'I Agree' below, you agree that you have read and agree with the terms of the waiver and that the information you provided is accurate. You furthermore agree that your submission of this form, via the 'I Agree' button, shall constitute the execution of this document in exactly the same manner as if you had signed, by hand, a paper version of this agreement.