Waiver
Mercer County Club Sports, SimplyFit
Release of
Liability
In consideration of being allowed to participate in any way in any Mercer
County Club Sports, SimplyFit or any affiliated program, event or activity, I understand,
acknowledge and agree to the following:
1. I certify that I am at least 21 years of age and that I am
physically fit and able to participate in the program, event or activity, and
have not been advised otherwise by a qualified medical professional. I
will not participate in any program, event or activity in which I am not
physically able.
2. I certify that I have medical insurance coverage, and that this coverage is not limited or restricted by participation in recreational sports activities such as those offered by Mercer County Club Sports, SimplyFit or affiliate.
3. I agree to comply with any and all rules, regulations, terms
and conditions for participation in the program, event or activity. I agree to
inspect the equipment and premises to be used prior to participation. If
I believe that anything is unsafe, I will inform league officials, team
captains, referees or facilities owners of the issue and refuse to participate
if not corrected.
4. I acknowledge and fully understand that as a participant, I will
be engaging in activities that involve risk of serious injury, including
permanent disability and death, property loss and severe social and economic
losses. These risks include, but are not limited to, those caused by: (a)
the actions, inactions or negligence of Mercer County Club Sports, SimplyFit , participants,
volunteers, spectators, coaches, event officials, referees and organizers; (b)
conditions of the premises or equipment used; (c) rules of play; (d)
temperature; (e) weather; (f) condition of participants; and, (g) vehicular
traffic. I further acknowledge and fully understand that there may also
be other risks that are not known or foreseeable at this time. I
KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, EVEN IF ARISING FROM THE
NEGLIGENCE OF MERCER COUNTY CLUB SPORTS, SimplyFit OR OTHERS, AND I ASSUME FULL
RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.
5. I, on behalf of myself, my heirs, executors, administrators and
assigns, hereby waive, release, discharge, and agree not to sue Mercer County
Club Sports,
SimplyFit or its affiliates, its managers, members, directors, officers, employees,
volunteers, representatives, agents, coaches and referees, and other
participants, sponsoring agencies, sponsors, advertisers and if applicable,
owners and lessors of equipment and premises used to conduct the programs,
events or activities (collectively the Releasees), from any and all claims WITH
RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person
or property, any liability and expenses WHETHER OR NOT ARISING FROM THE
NEGLIGENCE OF THE RELEASEES which I may have or which may subsequently accrue
to me, relating to, resulting from or arising out of my use and/or
participation in any programs, events or activities of Mercer County Club
Sports, including any injury or damage to my person or property, or to that of
any other person or property. My release of liability includes my
attendance at any social or charitable event or gathering that may be
organized, authorized, or paid for by the Releasees, individual players, or any
league or division organized under the Releasees or their rules, including but
not limited to happy hour gatherings, bar functions, and any pre-game or post-game
events or gatherings.
6. I agree to indemnify, defend and hold the Releasees harmless
from and against any and all claims for damages, injuries, losses, liabilities
and expenses relating to, resulting from or arising out of my participation in
any Mercer County Club , SimplyFit or affiliated program, event or activity.
7. I grant Mercer County Club Sports, permission to use
photographs, videotapes, recordings or any other record of me in the event for
any legitimate purpose.
8. I will not
bring alcohol or illegal drugs to any of the sites.
9. I consent to have medical treatment that may be deemed
advisable in the event of injury, accident and/or illness during any program,
event or activity. I release Mercer County Club Sports, SimplyFit and all persons
participating in any such medical treatment from all responsibility for any
such actions.
10. I acknowledge that safe, appropriate behavior
is expected of me at all times.
I
understand that I will be held personally responsible for damages or litigation
brought about due to my behavior, particularly if that behavior is deemed to be
violent, unnecessarily aggressive, or of a racist or sexually offensive
nature.
11. I
understand that owners and/or employees of Mercer County Club , SimplyFit or its affiliates reserve the right to revoke my privilege of participation for any reason.
12. I
understand that Mercer County Club Sports, may change this waiver at any
time by posting a revised version on their website.
The revised version will be effective at the
time it is posted, and the updated waiver will be available for review at any
time.
13. I intend that this Waiver and Release of
Liability shall be construed broadly to provide a release and waiver to the
maximum extent permissible under applicable law.
I ACKNOWLEDGE THAT I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY AND I FULLY
UNDERSTAND ITS TERMS AND CONDITIONS.
I UNDERSTAND THAT I HAVE WAIVED IMPORTANT LEGAL RIGHTS. I CHECK THE ELECTRONIC
BOX INDICATING THAT I HAVE READ AND UNDERSTOOD THIS WAIVER KNOWINGLY AND
VOLUNTARILY WITHOUT DURESS