In consideration of being allowed to participate in any way and/or enter upon, use and/or engage in sports and fitness activities at 433 RecPlex and Keep Kickin Inc, including participation in practices, events and/or other uses of the indoor facility at 346 Main Ave, Norwalk, CT 06851, and their athletic/sports programs and related events and activities, the undersigned:
Agree that prior to participating, he/she will inspect the facilities and equipment to be used, and if he/she believes anything is unsafe, he/she will immediately advise a representative of 433 RecPlex and Keep Kickin Inc of such condition(s) and refuse to participate;
Acknowledge and fully understand that each participant will be engaging in activities that involve risk of serious injury, including permanent disability and death, and severe social and economic losses which might result not only from their own actions, inactions or negligence of others, the rules of play, or the condition of the premises or of any equipment used; further, that there may be other risks not known to us or not reasonably foreseeable at this time;
Assume all the foregoing risks and accept personal responsibility for the damages following such injury, permanent disability or death;
Understand that 433 RecPlex and Keep Kickin Inc does not provide medical insurance in such activities;
Release, waive, discharge and covenant not to sue 433 RecPlex, Keep Kickin Inc, and The Town of Norwalk or their affiliated clubs, their respective members, administrators, directors, coaches and other employees of said organizations, participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessees of premises used to conduct the event, all of which are hereinafter referred to as “releases,” from demand, losses or damages on account of injury, including death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the releases or otherwise;
Shall defend, indemnify, and hold 433 RecPlex, Keep Kickin Inc, and The Town of Norwalk, their officers, employees, and agents harmless from and against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the individual or group renting space from the facility, its officers, agents or employees.
The undersigned have read and acknowledge that he/she is entering into the above waiver and release, understanding that they have given up substantial rights by signing it and sign it voluntarily.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IT IS MY INTENTION ON BEHALF OF MYSELF OR MY MINOR CHILD TO SPECIFICALLY RELEASE AND INDEMNIFY 433 RECPLEX, KEEP KICKIN INC AND THE TOWN OF NORWALK FROM ANY AND ALL CLAIMS ARISING FROM THEIR OWN NEGLIGENCE. I AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS 433 RECPLEX, KEEP KICKIN INC AND THE TOWN OF NORWALK FROM ANY LIABILITIES, LOSSES, DAMAGES, SETTLEMENTS, CLAIMS, EXPENSES AND COSTS ARISING FROM MY OR MY CHILD’S PARTICIPATION IN THE DESCRIBED ACTIVITY, SAID INDEMNITY TO INCLUDE COURT COSTS AND REASONABLE ATTORNEYS’ FEES.
Photographs, Videos and Recordings
I hereby grant permission to 433 Recplex and Keep Kickin Inc and its representatives to take photographs or videos of me, or my son/daughter and to make recordings of my voice at any 433 Recplex and Keep Kickin Inc events. I further grant to the producers and their representatives the right to reproduce, use, exhibit, display, broadcast and distribute and create derivative works of these images and recordings in any media now known or later Developed. I acknowledge that 433 Recplex and Keep Kickin Inc owns all rights to the images and recordings.
Waiver, Indemnity and Release
I hereby waive any right to inspect or approve the use of the images or recordings or of any written copy. I further waive all moral rights. I also waive any right to royalties or other compensation arising from or related to the use of the images, recordings, or materials. I hereby release, defend, indemnify and hold harmless the producers from and against any claims, damages or liability arising from or related to the use of the images, recordings or materials, including but not limited to claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration, optical illusion or use incomposite form that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution. I hereby grant permission to 433 Recplex and Keep Kickin Inc to use my email for newsletter and other distribution of promotions and marketing aspects. This Agreement shall apply to all of the Customers' future visits to 433 Recplex and Keep Kickin Inc.I am 18 years of age or older and I am competent to contract in my own name or my parent or guardian has read, understands, and legally signs this document in my name. I have read this document before signing below, and I fully understand the contents, meaning and impact of this consent, waiver, indemnity and release. This consent, waiver, indemnity and release is binding on me, my heirs, executors, administrators and assigns.
