There are certain inherent risks associated with
participating in sports and/or athletic training that cannot be eliminated.
These risks include, but are certainly not limited to: (1) minor injuries such
as scratches, cuts, bruises and strains; and (2) potential for major injuries. All of these Risks will be present in the
activities that you and/or your minor will be participating in at Mammoth
Spring School (the “Activities”). HAVING READ THIS PARAGRAPH and having an
appreciation for and an UNDERSTANDING OF THESE RISKS, you hereby affirm that
you and/or your minor’s participation in these Activities is voluntary and that
you agree on behalf or yourself or your minor to all of the following:
1. ASSUMPTION OF RISK I, on behalf of myself and/or my minor,
ASSUME ALL OF THE RISKS THAT MAY OR CAN ARISE OUT OF PARTICIPATING IN THE
ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE ATHLETIC ACTIVITY ITSELF, USE OF
THE EQUIPMENT, COURT OR FACILITIES, THE ACTS OF OTHERS OR THE UNAVAILABLITY OF
EMERGENCY CARE, as well as those Risks described in the preceding paragraph.
2. INDEMNITY/HOLD HARMLESS I, on behalf of myself and/or my
minor and/or our heirs, personal representatives and/or assigns, also agree to
indemnify and hold Mammoth Spring School, as well as their affiliates, parents,
subsidiaries, assigns, partners, attorneys, members, employees, independent
contractors, shareholders, officers, directors, and agents or any producers,
investors, cast members or any other person or entity associated in any way
with the ownership, operation or affiliation with recreational facilities and the
creation, production or distribution of Mammoth Spring School-related marketing
content on any Mammoth Spring School-owned website, harmless from any and all
claims, causes of actions, lawsuits, arbitrations or proceedings as well as
from any expenses, judgments, costs, fees, damages, expenses and/or
liabilities, including attorneys’ fees incurred in defending or prosecuting any
such claims brought against Mammoth Spring School as the result of my or my
minor’s participation in the Activities. I hereby allow Mammoth Spring School
to use my or my minor’s image or likeness without current or future
compensation for marketing purposes related to Mammoth Spring School.
3. RELEASE/WAIVER In consideration for being permitted to
participate in the Activities, I, on behalf of myself and/or my minor and/or
our heirs, personal representatives and assigns HEREBY RELEASE, WAIVE AND
DISCHARGE Mammoth Spring School from any and all liability associated with or
related to my or my minor’s participation in the Activities and agree NOT TO
SUE Mammoth Spring School for any reason resulting from or associated with my
or my minor’s participation in the Activities. This waiver and release is
intended to include all claims for injuries, accidents, illnesses, or property
loss, whether known or unknown or anticipated or unanticipated, which are in
any way related to or associated with the Activities.