ManaBall Liability Waiver

 

Release and Waiver of Liability: 

In consideration of participating in the sport of ManaBall, I represent that I understand the nature of this activity and that I am qualified, in good health, and in proper physical condition to participate in such activity. I acknowledge that if I believe event conditions are unsafe, I will immediately discontinue participation in the activity.

 

By signing below, I hereby release ManaBall and its employees/volunteers/event partners from any liability for injuries, loss of damage to personal property which may occur while the participant is participating in this event. There are risks, both known and unknown, involved when using any inflatable or amusement device, including, but not limited to, physical injury, emotional injury, distress, paralysis, and even death. The risk of serious injury from participating inflatable activities, although minimal, does exist, as it does in all play and amusement activities.

 

·        Each participant must have a liability waiver submitted on his/her behalf.

·        Shirt/Shoes must be worn at all times while using the ManaBall inflatables

·        No sharp objects may be worn or carried. Please remove any objects, including jewelry that might puncture the ManaBall inflatables.

·        ManaBall inflatables are not meant to protect from a fall

·        No jumping off ledges, tables, etc., is allowed, as injury can occur.

·        DO NOT bump/tackle a player while they are knocked down. Players must wait for other players to be able to fully stand before engaging in gameplay.

·        It is recommended to play with like ages and body sizes while using ManaBall inflatables

·        No food, candy, or drinks are allowed within the ManaBall inflatables.

·        No one under the influence of alcohol or any other substance will be allowed to participate in the event provided by ManaBall. ManaBall has every right to use their best judgment when determining if the participant is under the influence or fit to play.

 

Release/Waiver:

I/WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE ManaBall and facilities used by the participant, including its owners, staff and volunteers used to conduct ManaBall events, program or premises. Its consultants and others who those authorized to give recommendations, directions, or instructions, to engage in risk evaluation or loss control activities regarding ManaBall facility or events held at such facility and each of them, their directors, officers, agents, staff, volunteers, all for the purposes herein referred to as “Releasee”...FROM ALL LIABILITY TO THE UNDERSIGNED, my/our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.

 

I/WE HEREBY acknowledge that THE ACTIVITIES OF THE EVENT (S) ARE VERY DANGEROUS and Involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.

 

Photography:

Participant, or the Parent/Legal Guardian of a minor participant, agrees in consideration of being permitted to participate grant ManaBall, and all RELEASED PARTIES, the irrevocable right and permission to photograph and/or record me or my child(ren)/ward(s) in connection with ManaBall to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner in any and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the Photograph and/or Recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind. All Photographs and/or Recordings are exclusive to ManaBall.

 

Equipment and Attire

Unless otherwise specified, players should be wearing comfortable clothing and athletic shoes. Bare feet or Sandals are not permitted. All jewelry, zippers, sharp snaps or any item that may pop the ManaBalls is strictly prohibited. If the ManaBall is damaged due to neglect of the participant during the activity, including inappropriate usage, and it is determined that it does not fall under normal wear, they agree to repair or replace the ball within 30 days.

 

RELEASOR UNDERSTANDS THAT THIS IS A CONTINUING RELEASE AND INDEMNITY AGREEMENT WHICH NEVER EXPIRES, AT ANY AGE, AND APPLIES TO ALL INJURIES, DAMAGES, CLAIMS, LIABILITY AND/OR INHERENTLY DANGEROUS ACTIVITIES OCCURRING PRIOR TO THE DATE OF ITS EXECUTION UNTIL THE END OF TIME.

 

I/WE HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT OF THE LAW.

READ CAREFULLY: *
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (Those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above. LIABILITY AND/OR INHERENTLY DANGEROUS ACTIVITIES OCCURRING PRIOR TO THE DATE OF ITS EXECUTION UNTIL THE END OF TIME. This Agreement contains the entire agreement between the parties and the terms of this Agreement are contractual and not mere recital. Participant further states that he or she has carefully read this Agreement and knows the contents of this document and signs this agreement as his or her OWN FREE ACT AND WILL.
Name ( For 18 Years and Older): *
Name ( For 18 Years and Older):
Signature:
READ CAREFULLY:
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (Those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above. LIABILITY AND/OR INHERENTLY DANGEROUS ACTIVITIES OCCURRING PRIOR TO THE DATE OF ITS EXECUTION UNTIL THE END OF TIME. This Agreement contains the entire agreement between the parties and the terms of this Agreement are contractual and not mere recital. Participant further states that he or she has carefully read this Agreement and knows the contents of this document and signs this agreement as his or her OWN FREE ACT AND WILL.