RELEASE AND WAIVER OF LIABILITY,
EXPRESS ASSUMPTION OF RISK,
AND INDEMNITY AGREEMENT (“Agreement”)
I hereby request permission from Field House, LLC dba JH Indoor to be present
at, attend, observe and/or participate in activities, and/or use its facilities
and equipment (the “Activities”) at 3580 South Park Drive, Jackson, WY 83001
(“Premises”).
In consideration of the above grant of permission by, Field House, LLC dba
JH Indoor for the "Activities" on the Premises, I, for myself for and
for my child(ren) (collectively referred to herein as “me” “I” or “my”), personal
representatives, executors, administrators, assigns and heirs:
1. Acknowledge, agree, and represent that I understand the nature of the
Activities and that I am
qualified, in good health, and in proper physical condition to participate in
them. I further agree and warrant that if at any time I believe conditions to
be unsafe, or if at any time my health suffers, I will immediately discontinue
participation, and leave if appropriate.
2. Authorize Field House, LLC dba JH Indoor, its respective owners,
investors, members, managers, shareholders, agents, directors, officers,
volunteers, employees, landowners, subsidiaries, and affiliated companies
(collectively, "Releasees") and medical care provider(s) to carry out
any emergency medical transport or medical care for me or my child(ren), as may
be necessary in their sole discretion, and agree to be fully responsible for
any costs associated with such transport and care.
3. Understand that it is my responsibility to comply with all posted and
published procedures, including safety and hygiene procedures and protocols
intended to lessen the likelihood of the spread of disease among participants
and staff. I further understand that it is my responsibility to comply with all
laws and other requirements imposed by federal, state, and local authorities.
4. UNDERSTAND THAT THE ACTIVITIES INVOLVE INHERENT AND OTHER RISKS AND
DANGERS, including but not limited to falling or loss of balance; striking
padded or unpadded surfaces; being injured by equipment; being injured by the
actions or inactions of other participants and bystanders; collisions with
other participants; falls due to slick or uneven surfaces; equipment failures
of any kind; equipment misuse by myself or others; potential exposure to
communicable disease (including but not limited to coronavirus/COVID-19, other
viruses, bacteria, and all other infectious pathogens and disease vectors);
physical injury or illness as a result of physical activity or being on the
Premises where the Activities take place; which risks may result in SERIOUS
INJURY, ILLNESS, EMOTIONAL DISTRESS, AND DEATH (collectively,
"Risks"). I understand that the Risks may be caused or contributed to
by my own actions or inactions, the actions or inactions of other participants,
bystanders or staff, the conditions and settings in which the Activities take
place, or the alleged or actual NEGLIGENCE of the Releasees. I understand that
the description and list of Risks in this Agreement is not complete, and that I
or my child(ren) will encounter Risks not described herein, known and unknown,
inherent and otherwise, in connection with the Activities. With a full understanding
of the foregoing, I VOLUNTARILY AGREE TO ASSUME ALL INHERENT AND OTHER RISKS OF
INJURY, ILLNESS, EMOTIONAL DISTRESS, AND DEATH AND ALL RESPONSIBILITY FOR
LOSSES, COSTS, AND DAMAGES I or my child(ren) incur as a result of, or in
connection with, the Activities.
5. RELEASE, DISCHARGE, HOLD HARMLESS, AND AGREE NEVER TO SUE RELEASEES FOR ALL
LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ARISING FROM OR RELATED TO ACTIVITIES,
INCLUDING INJURY, ILLNESS, EMOTIONAL DISTRESS, OR DEATH CAUSED IN WHOLE OR IN
PART BY THE ALLEGED OR ACTUAL NEGLIGENCE OF THE RELEASEES. I further agree that
if, despite this Agreement, I or anyone acting on my behalf makes a claim
against any of the Releasees, I will DEFEND, INDEMNIFY, AND HOLD HARMLESS each
of the Releasees from any attorneys’ fees, losses, liability, damage, or
expenses which Releasees may incur as the result
of such claim.
6. I understand that this Agreement will apply every time I or my child(ren)
are on the Premises or participate in the Activities. I agree that this
Agreement is a contract which will be enforced to the fullest extent allowed by
Wyoming law and will be binding on me, my assignees, subrogors, heirs, assigns,
executors, and personal representatives. If any part of this Agreement is
deemed to be unenforceable under Wyoming law, the remaining terms shall be
enforceable.
I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND AND AGREE TO BE BOUND BY ITS
TERMS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING
IT, AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY
NATURE.
MINOR RELEASE
By signing on behalf of a minor child participant, I represent that I am that
minor child’s parent or legal guardian, that I am authorized to sign this
Agreement on the minor child’s behalf, and agree that I will defend, indemnify,
and hold harmless Releasees against any claims arising from the minor
participant’s presence at JH Indoor or participation in the Activities. I
acknowledge that the minor participant is bound by all the terms of this
Agreement, and understand that the minor participant would not be permitted to
be at JH Indoor or take part in the Activities unless I agree to all terms of
this Agreement.