In consideration for rental or use of Berkley Riverfront Sand Volleyball Courts or your participation in activities involving the use of KC Crew's equipment or facilities, including without limitation, events held at Berkley Riverfront Sand Volleyball Courts or off premises (each a "KC Crew Activity"), upon signing this waiver and release for access to Berkley Riverfront Sand Volleyball Courst or any KC Crew Activity, I agree as follows:
Acknowledgement, Release, and Assumption of Risk. I acknowledge, agree and understand that:
• KC Crew Activities involve inherent, known and unanticipated risks, any and/or all of which could result in physical or emotional injury, disability, death, or damage;
• There are risks relating to the contraction and spread of COVID-19 that may accompany the KC Crew Activities.
• The risks of the KC Crew Activities are open and obvious to me.
• I accept and assume all of the risks attendant to the KC Crew Activities.
• I RELEASE, WAIVE, HOLD HARMLESS, AND FOREVER DISCHARGE the KC Crew Parties (as defined below) from any and all loss, costs, liability, expenses, attorneys’ fees, settlements, damages, claims and causes of action arising from or relating to my admission to the Berkley Riverfront Sand Volleyball Courts or any KC Crew facility, my participation in any KC Crew Activity, or my use of the KC Crew's equipment or facilities. This release does not include liability arising from gross negligence or intentional or criminal acts committed by KC Crew.
• I agree not to sue KC Crew for any loss, costs, expenses, damages, liability, claim(s) and/or causes of action released under this Waiver and Release
Indemnification: I HEREBY KNOWINGLY AND VOLUNTARILY AGREE TO INDEMNIFY KC Crew FROM ANY AND ALL LOSS, COSTS, LIABILITY, DAMAGES, EXPENSES, SETTLEMENTS, CLAIMS, DEMANDS, OR CAUSES OF ACTION, INCLUDING ATTORNEYS' FEES AND EXPENSES, THAT ARISE FROM AND/OR ARE IN ANY WAY RELATED TO AND/OR CONNECTED WITH: MY PARTICIPATION IN ANY KC Crew ACTIVITY OR USE OF KC CREW EQUIPMENT OR FACILITIES; OR ANY CLAIM BY A THIRD PARTY FOR PERSONAL INJURY, DAMAGE, LOSS OR THEFT OF PROPERTY BASED OR CAUSED BY MY PARTICIPATION IN ANY KC CREW ACTIVITY OR MY USE OF KC CREW EQUIPMENT OR FACILITIES.
Rules: I will abide by all of KC Crew’s rules; the requirements of applicable law; and any further directions, instructions and decisions of KC Crew's personnel relating to the Berkley Riverfront Sand Volleyball Courts, KC Crew facilities, or my participation in KC Crew Activities.
Minors: If the participant is a minor, I represent that I am the parent or legal guardian of the minor participant and have the authority and consent to enter into this agreement on behalf of the minor participant, including the releases and waivers provided for herein. I further acknowledge and agree that I have explained to the minor participant the inherent risks INVOLVED in participating in KC Crew activities. I further agree to indemnify and hold KC Crew harmless from and against any and all loss, costs, liability, damages, expenses, settlements, claims, demands, and causes of action that relate in any way whatsoever to the minor participant.
Medical Treatment: I consent to receive medical treatment should the need arise while at Berkley Riverfront Sand Volleyball Courts and further release and forever discharge KC Crew from any and all present and future claims that arise from, relate to, or are based on any first aid, medical treatment, or emergency service administered or rendered to me, or the minor participant for whom I am signing as parent or guardian.
Limitation of Liability: If any of the KC Crew Parties shall be found liable for any reason whatsoever -- not-withstanding the waiver and release set forth above – including without limitation, for any loss, costs, expenses, attorneys’ fees, or damages I may suffer, the total liability of KC Crew shall be limited to the amount I paid to participate in the KC Crew Activities giving rise to the claim or cause of action for such loss, costs, expenses, attorneys’ fees, or damages.
Definition of KC Crew Parties: “KC Crew Parties” shall mean KC Crew LLC dba KC Crew and each of their respective officers, directors, members, owners, investors, shareholders, parents, affiliates, franchisees, managers, employees, agents, representatives, contractors, insurers, spectators, affiliates, equipment suppliers, volunteers, and the heirs, successors and assigns of the foregoing.
Modification: This Waiver and Release cannot be modified or changed by representations or statements made by you, any participant, KC Crew, or any of its agents or employees, and may only be modified in writing and signed by an authorized officer.
This Waiver and Release constitutes the sole and entire agreement of the KC Crew Parties 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 off this Waiver and Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Waiver and Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Waiver and Release is binding on and shall inure to the benefit of the KC Crew Parties and me and our respective successors and assigns. All matters arising out of or relating to this Waiver and Release shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction). Any claim or cause of action arising under this Waiver and Release shall be brought only in the federal and state courts located in Jackson County, Missouri and I hereby consent to the exclusive jurisdiction of such courts, internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction). Any claim or cause of action arising under this Waiver and Release may shall be brought only in the federal and state courts located in Jackson County, Missouri and I hereby consent to the exclusive jurisdiction of such courts.