This form must be read, acknowledged and signed by all Participants, adults and minors (persons under 18 years of age) AND by a parent or court-assigned, legal guardian (each referred to as “Parent”) of a minor Participant. Parent signs for himself or herself and on behalf of the minor child. No applicant may participate in a program unless this form is read and acknowledged by signature of the Participant and/or Participant’s Parent.
In consideration of participation in any and all activities at Diggers Den (the “Business”), located at Mundy Sportsplex, 5431 Hill 23 Dr, Flint, MI 48507 (the “Facility”), including but sandbox open play, electric RC open play, and hydraulic RC (the “Activities”), I, Parent, for myself and for my child(ren) who are under the age of eighteen (18) years (collectively referred to herein as “me” “I” or “my”), personal representatives, assigns and heirs (together referred to as “Participant”) agree to the terms of this Waiver of Liability and Release Form (“Agreement”). I acknowledge, agree, and represent that I understand the nature of the Activities and that I, individually or on behalf of my child, am in good health, and in sufficient 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.
CONDUCT: For the safety and enjoyment of everyone at the Facility, I agree to always conduct myself at the Facility in a safe, responsible, and respectful manner. I will comply with all instructions governing my conduct by Facility employees and in accordance with Business rules and instructions. At the discretion of any Business or Facility employee, Participants may be dismissed from participation and required to leave the Facility, with possible loss of payment. Grounds for dismissal and leave from the Facility include, but are not limited to, failure to comply with a Business or Facility employee’s instruction, any violent or dangerous conduct, property damage, criminal activity or unsportsmanlike behavior. I 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. I authorize the Business and Facility, 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, as may be necessary in their sole discretion, and agree to be fully responsible for any costs associated with such transport and care.
ALL RISKS ARE ASSUMED BY PARTICIPANTS: I UNDERSTAND THAT THE ACTIVITIES INVOLVE INHERENT AND OTHER RISKS AND DANGERS, including but not limited to falling or loss of balance; 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 inside or outside the Facility; 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 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 incur as a result of, or in connection with, the Activities.
PARTICIPANT’S RESPONSIBILITIES: (1) I am responsible for my own safety. I am in proper physical condition to participate in the activities. I will not participate in any activity at the Facility if I cannot do so safely. I have no known illness, disease or existing injury or physical defect that could be aggravated by my participation. I will inform a Facility employee if my health status changes. (2) Without exception, I agree to pay for any and all damages I cause to any property or injury to any persons at the Facility. I acknowledge that I am responsible for any and all medical expenses arising from my participation. Therefore, I will maintain insurance with appropriate coverages for any potential losses or liabilities. (3) If I believe that anything at the Facility may be unsafe, I will immediately advise a supervisor and a Facility employee of the safety concern.
PUBLICITY: Participants authorize use of any photograph, voice or likeness to appear in any advertising or promotion, social media, printed materials, television, video, or radio coverage of the league or tournament, without compensation to me.
RELEASE AND WAIVER: I 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.
I understand that this Agreement will apply every time I am at the Facility or participate in the Activities. I agree that this Agreement is a contract which will be enforced to the fullest extent allowed by Michigan 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, the remaining terms shall be enforceable.
I have read this entire document and fully understand its contents. I acknowledge that I have waived substantial rights by accepting this document and that I do so voluntarily. I accept the terms contained in this Agreement in their entirety. My signature attests to this on behalf of myself and my executors, personal representatives, administrators, heirs, next-of-kin, successors, and assigns. This Agreement will remain effective unless and until it is revoked in writing delivered to a Facility employee, after which the Participant shall not engage in any further activities at the Facility. If any provision of this Agreement is unenforceable by law, the remainder of the Agreement shall remain valid and enforceable.
