Melody Lanes

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PARTICIPANT RELEASE OF LIABILITY AND

ASSUMPTION OF RISK AGREEMENT

READ BEFORE SIGNING

Organization Name:  Oak Mountain Lanes, Inc and Wolverine Capital, LLC

 

Participant 1  _________________________________________________________________

Participant 2  __________________________________________________________________

Participant 3  __________________________________________________________________

 

I, on behalf of myself and/or as the parent or legal guardian of the above-named participant(s), in consideration of being allowed to participate in any way on the Ropes Course, having read this participant release of liability and assumption of risk agreement in its entirety, do understand, acknowledge, appreciate, and agree that:

                1.  The risk of injury from the activities involved in the Ropes Course is significant, including the potential for permanent paralysis and death.  Although Oak Mountain Lanes, Inc and Wolverine Capital, LLC, (a) provides instruction, (b) provides general supervision of activities, and (c) has developed rules and policies that focus on safety, it is impossible to eliminate or foresee all risks and possibilities.  Such risk include risks inherent to a ropes course, including but not limited to cuts, bruises, rope burns, muscle strain, twisted or sprained ankles, knees and the potential for permanent paralysis and/or death.

2.  To the fullest extent permitted by law, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISE FROM THE NEGLIGENCE OF THE RELEASEES or others and assume full responsibility for my participation.  I acknowledge that the Releasees (as defined below) will not have any responsibility for any injury, or to pay any cost or expenses incurred by me the participant or as a parent or legal guardian to a participant incurred as a result of participation in the Ropes Course.

3.  I willingly agree to comply with the posted rules for the Ropes Course, to exercise ordinary and reasonable care in the use of Ropes Course, and to comply with all terms and conditions for participation.  If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.

4.  I, for myself, my minor child (if parent or legal guardian), and on behalf of my (or in the case of my minor child, his or her) heirs, assigns, representatives, executors, and next of kin, to the fullest extent permitted by law, agree to release, indemnify, defend, and hold harmless Oak Mountain Lanes, Inc and Wolverine Capital, LLC, their affiliates, subsidiaries, officers, directors, managers, members, shareholders, officials, agents, owners and lessors of premises used to conduct the event (“Releasees”), from any and all claims, causes of action, suits, losses, liabilities, damages, fines, penalties, liens, judgments, settlements, proceedings, costs, fees, and expenses (including reasonable attorneys’ fees and court costs) of any nature whatsoever for or relating to injury, death, and/or disability, bodily injury, or property damage in any way resulting from, relating to, or caused by (whether in whole or in part) the negligent, grossly negligent or willful acts or omission of the Releasees, of any third party also participating in the Ropes Course, of bystanders, or of myself or my minor child.

5.  In further consideration of being permitted to participate in the Ropes Course, I do hereby release and waive all claims, causes of action, suits, losses, liabilities, damages, fines, penalties, liens, judgments, settlements, proceedings, costs, fees, and expenses arising from or relating to my (or my minor child’s) participation in the Ropes Course. Any dispute under this agreement or arising from or related to my (or my minor child’s) participation in the Ropes Course shall be resolved by arbitration before a single arbitrator selected by Oak Mountain Lanes, Inc. and Wolverine Capital, LLC, in a hearing to be held in Shelby County, Alabama. The decision of the arbitrator on any dispute shall be final and binding on the parties and enforceable in a court of appropriate jurisdiction in Shelby County, Alabama; any objections to venue and personal jurisdiction in such forum are expressly waived. Any expense of the arbitrator shall be shared equally by the parties.

     THE PARTIES HEREBY WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

                X__________________________________        ________    ________

                  (Participant’s Signature)                                       (Age)          (Date)

FOR PARENTS/GUARDIANS OF PARTICIPANT OF MINOR AGE

(Under 18 at time of Registration)

This is to certify that I, as parent/guardian with legal responsibility for this/these participant(s), do consent and agree to his/her/their release as provided above of all the Releasees, and, for myself, my heirs, assigns, and next to kin, I release and agree to indemnify and hold harmless the Releasees from any and all liability incidents to my minor child’s involvement or participation on the Ropes Course as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law.

 

X_______________________________      ____________    ______________________

 (Parent/Guardian Signature)                         (Date)                  (Emergency Phone Number)