RELEASE, INDEMNITY
AGREEMENT AND COVENANT NOT TO SUE
In consideration of being
allowed to participate in athletic activities (the “Activities”)
at any time on property (the “Property”)
made available by Sports Connection, LLC (the “Company”),
I the undersigned, for myself, my heirs and next of kin,
representatives and assigns (collectively, the
“Releasing Parties”), release, indemnify and
forever discharge and covenant not to sue the
Company, Sports Warehouse, LLC, Sports Connection, LLC,
Carolina Juniors Volleyball, Charlotte Sports Center, LLC,
their respective affiliates, owners, directors, officers,
employees and agents and their respective successors and
assigns (collectively, the “Company Parties”),
of and from any and all causes of action, claims, demands,
damages, costs, loss of services, expenses, compensation,
all consequential damages and attorneys’ fees (regardless
whether pursuant to the laws of any county, state or
country) on account of, or in any way growing out of, any
and all known and unknown injuries, death, and property
damage arising, relating to or resulting, directly or
indirectly, from the Activities at any time regardless of
the cause and without regard to negligent conditions on or
related to the Property or negligence (including without
limitation gross negligence) on behalf of any Company
Party (including all injuries, deaths, paralysis and
conditions of health, whether or not immediately apparent
following the Activities, or which may at any time
thereafter develop collectively, “Liabilities”).
I acknowledge and understand that (1) I am
participating in the Activities voluntarily, (2) the
Activities may be dangerous and may result in serious
bodily injury, paralysis and/or loss of life, and (3) by
signing this Release and Indemnity Agreement, for myself
and on behalf of the other Releasing Parties, I am
specifically releasing, agreeing to indemnify, forever
discharging and covenanting not to sue all Company Parties
from all Liabilities which includes claims brought
by me or any Releasing Party regardless of the legal
theory involved in such claims and including but not
limited to negligent conditions on or related to the
Property or negligence (including without limitation gross
negligence) on behalf of any Company Party. I HEREBY
PERSONALLY ASSUME ALL RISKS IN CONNECTION WITH ALL
ACTIVITIES.
I expressly agree
that this Release and Indemnity Agreement is intended to
be as broad and inclusive a release of liability as
permitted by applicable law and that if any portion
thereof is held invalid, it is agreed that the balance
shall, notwithstanding, continue in full legal force and
effect. I hereby warrant and represent that I have
carefully read this agreement and agree to its terms and
conditions, that before signing this agreement I had the
chance to ask questions; and I AM AWARE THAT BY SIGNING
THIS RELEASE AND INDEMNITY AGREEMENT, I ASSUME ALL RISKS
AND WAIVE AND RELEASE CERTAIN SUBSTANTIAL RIGHTS THAT I OR
ANY OTHER RELEASING PARTY MAY HAVE OR POSSESS AGAINST ANY
COMPANY PARTY.