3RD LAIR WAIVER AGREEMENT FORM
Participant Agreement, Release And Acknowledgement Of Risk In consideration of the services of Action Sports U.S.A. d/b/a 3rd Lair, their agents, owners, volunteers, participants employees and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as (“3rd Lair), I hereby agree to release, indemnify and discharge 3rd Lair, on behalf of myself, my children, my parents, my heirs, assigns personal representative and estate as follows:
1.I acknowledge that BMX biking, inline and/or skateboarding entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death or damage to myself, to property or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include among other things: collision with other participants, collision with the walls, ramps or other fixed objects, falling in any way, my own equipment failure or the failure of the ramps or other equipment, my own or others’ negligence and objects or conditions on any surface that may cause me to fall, broken bones, sprains, head and back abrasions and bruises. I acknowledge that it is the policy of 3rd Lair that all patrons wear helmets and full pads while patronizing 3rd Lair facilities.
I acknowledge that BMX biking, inline and/or skateboarding entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death or damage to myself, to property or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include among other things: collision with other participants, collision with the walls, ramps or other fixed objects, falling in any way, my own equipment failure or the failure of the ramps or other equipment, my own or others’ negligence and objects or conditions on any surface that may cause me to fall, broken bones, sprains, head and back abrasions and bruises. I acknowledge that it is the policy of 3rd Lair that all patrons wear helmets and full pads while patronizing 3rd Lair facilities.2.I expressly agree and promise to accept and assume all of the risks of patronizing 3rd Lair facilities and the inherent risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the known and unknown acknowledged risks.
I expressly agree and promise to accept and assume all of the risks of patronizing 3rd Lair facilities and the inherent risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the known and unknown acknowledged risks.3.I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless 3rd Lair from any all claims, demands, or causes of action, which are in any way connected with my patronage of 3rd Lair and my participation in this activity or my use of 3rd Lair equipment or facilities, including any such claims which allege negligent acts or omissions of 3rd Lair.
I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless 3rd Lair from any all claims, demands, or causes of action, which are in any way connected with my patronage of 3rd Lair and my participation in this activity or my use of 3rd Lair equipment or facilities, including any such claims which allege negligent acts or omissions of 3rd Lair.4.Should 3rd Lair or anyone acting on their behalf, be required to incur attorneys fees and costs to enforce this agreement, I agree to indemnify 3rd Lair and anyone acting on its behalf and hold them harmless for all such fees and costs and agree to pay such fees and costs if ordered to do so by an arbitrator or a court of competent jurisdiction.
Should 3rd Lair or anyone acting on their behalf, be required to incur attorneys fees and costs to enforce this agreement, I agree to indemnify 3rd Lair and anyone acting on its behalf and hold them harmless for all such fees and costs and agree to pay such fees and costs if ordered to do so by an arbitrator or a court of competent jurisdiction.5.I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while patronizing 3rd Lair facilities or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions that could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created directly or indirectly by any such condition.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while patronizing 3rd Lair facilities or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions that could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created directly or indirectly by any such condition.6.Any controversy or claim arising out of or relating to this agreement shall be settled by arbitration administered by the American Arbitration Association in accordance with its Arbitration Rules. The prevailing party shall also be entitled to an award or attorneys’ fees and costs and judgment on the award rendered by the single arbitrator may be entered in any court having jurisdiction thereof. In the event that I file a claim against 3rd Lair, I agree to do so solely in the state of Minnesota and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
Any controversy or claim arising out of or relating to this agreement shall be settled by arbitration administered by the American Arbitration Association in accordance with its Arbitration Rules. The prevailing party shall also be entitled to an award or attorneys’ fees and costs and judgment on the award rendered by the single arbitrator may be entered in any court having jurisdiction thereof. In the event that I file a claim against 3rd Lair, I agree to do so solely in the state of Minnesota and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against 3rd Lair on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Signature of participant________________________________ Print Name________________________________
Home address_______________________________________ City_____________________ Zip_______________
Phone # ______________________________________ Date _________________________
PARENT'S OR LEGAL GUARDIAN'S ADDITIONAL INDEMNIFICATION(Must be completed for participants (by parents or legal guardian) if under the age of 18)
In consideration of ___________________(print minor's name)("Minor") being permitted by 3rd Lair to participate and use it's equipment and facilities, I further agree to indemnify and hold harmless 3rd Lair from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by minor. I have the minor's parents permission to sign this form.
Parent or Legal Guardian Signature:________________________________________________________________
PrintName:__________________________________________Cell#:_________________________
Work #: __________________________________________ X: ________Date:________________
Does Minor have any Medical Conditions or Allergies?: ___________________________
Alternate Person to Notify in Case of Emergency: ________________________________
Phone #: ____________________________ Relationship: ________________________
ATTENTION THIS FORM MUST BE NOTARIZED OR SIGN IT AT 3RD LAIR IN PRESENCE OF EMPLOYEE
