In consideration of being permitted to participate in any activity, including, but not limited to, indoor soccer and any related activities (collectively, the "Activity"), provided or sponsored by Le Five USA, Inc., Le Five West Sacramento, LLC, Le Five Rancho Cordova, LLC, or any of their respective affiliates (collectively, “Le Five”), I agree to all of the terms and conditions set forth in this Release of Liability and Assumption of Risk (this “Release”).
1. Certifications. I certify that I am, and will be at all times, qualified, in good health, and in proper physical condition to participate in the Activity. I further agree that if, at any time, I believe conditions to be unsafe to participate in the Activity, I will immediately discontinue further participation in the Activity.
2. Assumption of Risk. I FULLY UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK AND DANGER OF SERIOUS BODILY INJURY, INCLUDING, BUT NOT LIMITED TO, PERMANENT DISABILITY, PARALYSIS, AND DEATH ("RISKS"). I ACKNOLWEDGE THAT: (A) SUCH RISKS MAY BE CAUSED OR COMPOUNDED BY (i) THE ACTIONS, OMISSIONS OR NEGLIGENCE OF MYSELF, OTHER PARTICIPANTS IN THE ACTIVITY OR LE FIVE, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF LE FIVE, OR (ii) THE CONDITION IN WHICH OR WHEREUPON THE ACTIVITY TAKES PLACE; AND (B) THERE MAY BE OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES UNKNOWN TO ME OR NOT READILY FORESEEABLE AT THIS TIME. DESPITE THESE RISKS AND LOSSES, WHETHER KNOWN OR UNKNOWN, AND WHETHER FORESEEABLE OR NOT READILY FORESEEABLE AT THIS TIME, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARIILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY FULLY ACCEPT AND ASSUME ALL RISKS AND LOSSES THAT MAY ARISE FROM THE ACTIVITY.
3. Release. To the maximum extent permitted by law, I hereby expressly waive and release any and all claims which I may have, or which I may hereafter have, whether known or unknown, against Le Five, Le Five’s respective directors, officers, shareholders, members, volunteers, employees, agents, affiliates, successors and assigns, other participants, sponsors, advertisers, and, if applicable, owners and lessors of the premises upon which the Activity takes place (collectively, “Releasees”) arising out of or attributable to the Activity, whether arising out of the negligence of Le Five or any other Releasees or otherwise. I covenant not to make or bring any claim against Le Five or any other Releasees, and forever release and discharge each of them from liability under any such claim. I understand that, by signing this Release, I am waiving any and all claims arising out of or attributable to the Activity, including those claims that may be unknown to me, or which I do not suspect at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
4. Indemnification. I agree to indemnify, defend and hold harmless each of Le Five and the other Releasees from and against any and all claims, losses, damages, deficiencies, actions, judgments, settlements, awards, penalties, fines, costs and expenses of any kind, including attorneys’ fees, litigation expenses, the costs of enforcing any right of indemnification under this Release, and the cost of pursuing any insurance providers, that may be incurred by or awarded against Le Five or any other Releasee to the extent arising out of or resulting from any claim released by me hereunder or from any claim of a third party related to my participation in the Activity.
5. Governing Law; Exclusive Venue. This Release shall be governed by and construed in accordance with the laws of the State of California. Any claim or cause of action relating to or arising out of this Release may be brought only in the federal and state courts located in Sacramento County, California, and I hereby consent to the exclusive jurisdiction of such courts.
6. Miscellaneous. This Release constitutes the sole and entire agreement between Le Five 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 held invalid, illegal or unenforceable in any jurisdiction, the remaining provisions shall remain enforceable to the maximum extent permitted by law.
I HAVE READ THIS RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
*PARENT OR LEGAL GUARADIAN’S CONSENT (IF PARTICIPANT IS 17 YEARS OR YOUNGER)
I AM THE PARENT OR LEGAL GUARDIAN OF THE PARTICIPANT NAMED, WHO IS A MINOR. I UNDERSTAND THE NATURE OF THE ACTIVITY AND THE PARTICIPANT’S EXPERIENCE AND CAPABILITIES AND I BELIEVE THE PARTICIPANT TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN THE ACTIVITY. I AGREE THAT IF, AT ANY TIME, I BELIEVE CONDITIONS TO BE UNSAFE FOR THE PARTICIPANT TO PARTICIPATE IN THE ACTIVITY, I WILL IMMEDIATELY DISCONTINUE THE PARTICIPANT’S FURTHER PARTICIPATION IN THE ACTIVITY. FURTHERMORE, I HAVE READ THE ABOVE RELEASE OF LIABILITY AND ASSUMPTION OF RISK (THE “RELEASE”) AND FULLY UNDERSTAND ITS TERMS AND THE RISKS OF THE PARTICIPANT’S PARTICIPATION. I ACKNOWLEDGE I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS ON BEHALF OF MYSELF AND BEHALF OF THE PARTICIPANT BY SIGNING BELOW. I HAVE THE LEGAL RIGHT TO CONSENT TO AND, BY SIGNING BELOW, I DO HEREBY CONSENT TO ALL OF THE TERMS AND CONDITIONS OF THE RELEASE ON MY AND THE PARTICIPANT’S BEHALF.