LIABILITY WAIVER AND RELEASE OF
CLAIMS
ASSUMPTION OF RISK | RELEASE OF LIABILITY | INDEMNITY AGREEMENT
PLEASE
READ CAREFULLY – THIS IS A LEGALLY BINDING AGREEMENT
By signing
this agreement, I acknowledge, understand, and voluntarily agree to the following
terms in consideration of being allowed to participate in recreational sand
sports and related activities organized by Liberty Collective.
1.
Voluntary Participation
I am
voluntarily participating in activities organized by Liberty Collective,
including but not limited to sand volleyball, training sessions, tournaments,
fitness activities, and other recreational events (collectively, the
“Activities”). I understand that my participation is completely voluntary.
2.
Assumption of Inherent Risks
I
understand and acknowledge that participation in the Activities involves
inherent risks, known and unknown, that may result in serious injury, permanent
disability, illness, emotional distress, property damage, or death. These risks
may arise from a variety of causes, including but not limited to my own actions
or inactions, the actions or negligence of others, the condition of the
premises, facilities, equipment, weather conditions, and the nature of the
Activities themselves.
I
voluntarily assume all such risks, both known and unknown, even if caused in
whole or in part by the negligence of Liberty Collective or others.
3.
Health and Medical Clearance
I certify
that I am in good physical condition and do not have any medical condition or
impairment that would prevent me from safely participating in the Activities. I
understand that I am solely responsible for consulting a qualified medical
professional regarding my fitness to participate. I accept full responsibility
for any injury or health condition that may result from my participation.
4.
Waiver and Release of Liability
To the
fullest extent permitted by law, I hereby release, waive, discharge, and hold
harmless Liberty Collective, its owners, managers, directors, officers,
employees, volunteers, agents, contractors, and affiliates (collectively, the
“Released Parties”) from any and all claims, liabilities, demands, losses,
damages, causes of action, or expenses (including attorneys’ fees) that I or my
heirs, assigns, or representatives may have now or in the future arising out of
or in any way related to my participation in the Activities, including but not
limited to claims for negligence, premises liability, or otherwise, and
including claims for personal injury, death, or property damage.
5.
Indemnification
I agree to
indemnify, defend, and hold harmless the Released Parties from and against any
and all claims, demands, damages, liabilities, losses, and expenses (including
reasonable attorneys’ fees and court costs) arising out of or in connection
with my participation in the Activities or any breach of this agreement by me.
6.
Photography and Media Release
I grant
Liberty Collective the irrevocable right and permission to use any photograph,
video, or audio recording taken of me during the Activities for marketing,
promotional, or commercial purposes in any media, worldwide and in perpetuity,
without further compensation or notice.
7.
Severability
If any
provision of this agreement is found to be invalid, illegal, or unenforceable,
the remaining provisions shall remain in full force and effect and shall be
interpreted to best carry out the original intent.
8.
Governing Law
This
agreement shall be governed by and interpreted in accordance with the laws of
the State of Ohio (or the applicable state where the Activities take place, if
different). Any legal action shall be brought exclusively in a court of
competent jurisdiction located in that state.