Waiver and release of all claims

In consideration for use of the facility and being allowed to participate in activities on the premises, I waive and release Next Generation Sports & Rec LLC, its agents, servants, employees, insurers, successors and assigns from all claims, demands, causes of action, damages or suits at law and equity of whatsoever kind, including but not limited to claims for personal injury, property damage, medical expenses, loss of services, on account of or in any way related to or growing out of my presence at the facility or use of the facility and/or equipment.

This waiver and release is intended to and does release Next Generation Sports & Rec LLC from any and all liability for damages or injuries, permanent disability or death, on account of or in any way related to or growing out of my negligence, the negligence of third parties and Next Generation Sports & Rec LLC’s negligence, including but not limited to negligence in the construction, maintenance and upkeep of the facility and its equipment, negligence in training or negligence in supervision to the fullest extent permitted by law.

I further covenant and agree not to institute any claims or legal action against Next Generation Sports & Rec LLC for any claim released by this Agreement. I further agree that should any claim be made against Next Generation Sports & Rec LLC in contravention of this Agreement, including but not limited to derivative claims, I will protect, defend and completely indemnify (reimburse) Next Generation Sports & Rec LLC for any such claim and expenses including attorney’s fees and costs incurred by Next Generation Sports & Rec LLC in defending themselves or security indemnity hereunder.

  • I certify that I understand this activity has potential risks, known and unknown, including but not limited to:
    • Use of simple tools;
    • Potentially moving or lifting objects of not more than twenty pounds;
    • Mental stress and anxiety;
  • I understand that Next Generation Sports & Rec LLC is not responsible for any lost or stolen valuables or property from within the facility.
  • While at the facility, I agree to conduct myself in a responsible manner and will refrain from engaging in inappropriate conduct, including the use of loud, foul, slanderous language or any intimidating or offensive conduct that would interfere with the peaceful use and enjoyment of the facility by other users.
  • I understand that participating or spectating while appearing to be under the influence of alcohol or drugs is not allowed and that the program will not be refunded or rescheduled.
  • I acknowledge that I will fully comply with all rules and regulations and with any amendments governing the use of the facility.
  • Photos: From time to time, photos will be taken and are included in our marketing materials (including, but not limited to, our website, Facebook page, fliers, and advertisements). By signing this agreement you give Next Generation Sports & Rec LLC permission to use group photographs and videos which may include your image and video footage.
  • I understand there might be audio and video monitoring and recording in the gymnasium, and consent that it is okay.
  • Asset damage: I understand that nothing in the game rooms or anywhere on the property is intended to be damaged. I agree that I am liable for any and all damage to props, electronics, pictures, furniture, doors, windows, flooring, walls, the ceiling and all other items and structures that occur due to negligence during my stay.
  • I understand Next Generation Sports & Rec LLC reserves the right to have anybody removed from the property for any reason.

I have read this Agreement and understand that by signing the Agreement I have consented to be bound by its terms, including the waiver/release of any legal right I may have to sue Next Generation Sports & Rec LLC for any costs they incur because a claim or legal action is brought in violation of this Agreement. I agree any violation of the Agreement and its terms and conditions, as determined by Next Generation Sports & Rec LLC, will void and terminate this Agreement and may result in loss of the ability to use the facility or participate in programs or events without refund.

WARNING REGARDING COVID-19

Any interaction with the general public poses an inherent risk of exposure to COVID-19. People who show no symptoms can spread COVID-19 if they are infected. COVID-19 is an extremely contagious disease that can lead to severe illness and death. The CDC advises that older adults and people of any age who have underlying medical conditions are especially vulnerable to severe illness from COVID-19. By participating in Next Generation Sports & Rec LLC programs and events you voluntarily assume all risks related to exposure to COVID-19.

I also affirm that I will not participate in any of the events if I have any signs related to COVID-19 and I agree that I assume all risk regarding possible COVID-19 or other infection.