GUARDIAN RELEASE, INDEMNITY AGREEMENT AND COVENANT NOT TO
SUE
In consideration of my
minor child (“Minor”) 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, Minor, our 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 in Minor, collectively, “Liabilities”).
I acknowledge and
understand and have explained to Minor that (1) Minor is
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 Minor,
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, Minor (whether directly or derivatively) 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 IN
WHICH MINOR PARTICIPATES.
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 am 18 years old or older and Minor’s parent or
legal guardian; I have carefully read this agreement and
agree to its terms and conditions and explained it to
Minor, 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 MINOR
AND I OR ANY OTHER RELEASING PARTY MAY HAVE OR POSSESS
AGAINST ANY COMPANY PARTY.