LEMO, LLC (“LEMO”) is the parent company to (Encore Volleyball, Foundry Baseball, 80/20 Cafe, Flexzone and the LEMO Foundation).
I, the undersigned, (or parent/guardian of the participant under 18 years of age), understand that this is a legally binding Release of Liability of LEMO, LLC.
I/We request permission to participate in a LEMO sanctioned activity/program occurring at the LEMO Facility approved alternative location as required by the authorized activity/program. In consideration of being granted permission to participate, I/we agree as follows:
- Voluntary Activity: I/We understand and agree that participation in this activity is purely voluntary and is not required of me by LEMO.
-Release of Liability: I/We, on behalf of myself/the participant, the family heirs, personal representatives, guardians, successors, and assigns, hereby release LEMO, their Administrators, Faculty, Trustees, Officers, Directors, Employees, Volunteers, Coaches, Athletic Trainers, Team Physicians, and Agents, (all of whom are referred to as "Releasees"), from, and agree not to sue or take legal action against Releasees, for any claims that I/We may have to arise from, or in connection with any physical, emotional or mental injury or property damage that I may suffer as a result of my participation in the activity from any cause whatsoever to the extent permitted by law.
-Acknowledgment of Risk: I/We recognize and appreciate the dangers, hazards, and risks of the activity, which could include severe or even fatal injuries and property damage. I/We attest that I/we have fully considered the risks and hazards, and I/we agree that I have individually assumed the risks involved in this activity.
-Emergency Medical Treatment: I/We understand and agree that Releasees may not have medical personnel available at the activity location. I/We understand and agree that Releasees are granted permission to authorize emergency medical treatment, if necessary, and that such action shall be subject to the terms of this Agreement. I/We understand and agree that Releasees assume no responsibility for any injury or damages, which might arise out of or in connection with such authorized emergency medical treatment.
-Fitness to Participate: I/We hereby represent that I /the participant, am physically and mentally able to participate in the activity/program. I/the participant has no known health problems, which would present a risk to me in participating in the activity/program.I/the participant has a known medical condition(s), listed below, which may present a threat to me with participation in the activity. I have/the participant has been approved for participation in sport/fitness activity by a medical professional. I/we understand that I am/the participant is choosing to participate in the activity/ program and agree to assume all associated health risks.
-Insurance: I/We represent that I have a comprehensive medical health insurance plan necessary to provide for and pay any medical costs that may be attendant due to an injury. If such a policy does not exist, I/we will be responsible for any expenses incurred due to injury/illness while participating in the activity/program.
-Photo Release: I/We do hereby permit LEMO to use my/the participant's photograph or photographic image or video in any official LEMO business, including, but not limited to: LEMO websites, LEMO newsletters, and newspapers, advertising materials, postcards, and other related media and marketing materials. It is agreed that the use of photographs or photographic images or videos shall in no way be used in any other forum other than official LEMO business purposes.
-Coronavirus (COVID-19) is an extremely contagious disease that spreads easily through person-to-person contact, and may be spread by persons who are not exhibiting any symptoms. COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Participating in this activity or accessing LEMO facilities increases the risk of contracting COVID-19. I acknowledge and agree that such risks are part of the risks and hazards I assume when consenting to participate in these activities. LEMO in no way warrants that COVID-19 infection will not occur through participation in the Activities or by accessing LEMO facilities.
I acknowledge that I have carefully read this agreement and fully understand its contents. I acknowledge that I am voluntarily executing this agreement on my own free will. After having the opportunity to consult with legal counsel of my own choosing, I understand that this release means I am giving up, among other things, rights to sue LEMO and their Releasees for injuries, damages or losses I may incur. I also understand that this release binds my heirs, executors, administrators, and assigns, as well as myself. I further acknowledge and understand that this agreement will absolve LEMO and their Releasees from any liability in connection with any injury or harm suffered as a result of my/my child’s participation in a LEMO activity/program. I acknowledge that I have been made aware of any and all risks of participation in the LEMO activity/program.
On my behalf, and behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the Facility, its employees, contractors, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.
I understand and agree that this release includes any claims based on the actions, omissions, or negligence of the Facility, its employees, contractors, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Facility activities.
