WAIVER, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK
The individual registering for this event (hereinafter referred to as “I” or “me”) desires to participate in The BHL Skate in the Phoenix, AZ area (the “Session”) provided by Kleineck, LLC, d/b/a EK Sports + Entertainment, an Arizona limited liability company. As an inducement to participate in the session, I agree to all the terms and conditions set forth in this agreement (the “Agreement”).
1. I represent and warrant that to the best of my knowledge I am healthy and in good physical condition. I am not aware of any physical or mental conditions or problems that could prevent or limit me participation in the drills, games, exercises or other activities at the Session (whether on or off the ice). To the best of my knowledge, I am able to participate fully and without limitation in all such drills, exercises, games and other activities of the Session. If I experience any physical injury or mental injury or problem during the Session, I agree to promptly notify Kleineck, LLC (i.e., one of the Kleineck, LLC staff members at the Session) and to immediately cease engaging in any further activities at the Session.
2. I agree that I and any other persons that I bring on the Session premises will comply with all rules and regulations of Kleineck, LLC and the Session, as well as the rules of the venue owner and/or operator, including without limitation, those rules that relate to drills, games, exercises and all other activities. To the maximum extent permitted by applicable law, I accept and shall be fully liable for any and all Claims and Actions which result, directly or indirectly, from my actions and/or omissions at the Session.
3. I agree that Kleineck, LLC has the right in its sole discretion to dismiss me from the Session permanently upon verbal or written notice to me. Further, I agree that Kleineck, LLC may ban my participation in any drill, game, exercise or other activity, if Kleineck, LLC determines, in its sole discretion, that (i) I have not complied with any rule or regulation governing my behavior during the Session, or (ii) I am behaving, or may have behaved, in a manner that has or may create a safety, health or other hazard for other participants, staff members of Kleineck, LLC, and/or for the venue owner and/or operator. If I am dismissed from the Session or am banned from any Session activities, I shall not be entitled to a refund of any fees paid to attend the Session.
4. I AM AWARE AND UNDERSTAND THAT THE GAME OF HOCKEY IS INHERENTLY DANGEROUS AND THAT PLAYING THE GAME AND/OR PARTICIPATING IN ANY DRILLS OR OTHER ACTIVITIES THAT MAY BE SCHEDULED AT THE TOURNEY INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF KLEINECK, LLC. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE TOURNEY AND IN ALL TOURNEY ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF KLEINECK, LLC OR OTHERWISE.
5. I hereby expressly waive, release, indemnify and hold harmless (i) Kleineck, LLC, its officers, directors, employees, agents, affiliates, successors, and assigns, (ii) Eric Kleineck, and his heirs, successor and legal representatives, and (iii) each employee, independent contractor, agent, volunteer or other staff personnel employed, hired, or engaged by Kleineck, LLC to participate in the Tourney (collectively, “Releasees”), against any and all claims, causes of action, damages, injuries, expenses (including reasonable attorneys’ fees and court costs) and liabilities of whatever nature, including without limitation, as a result of the negligence of any Releasees (“Claims and Actions”), which I may suffer or incur, relating directly or indirectly to (a) my breach of any of the terms of this Agreement and (b) any physical injuries (including death) which I may suffer or incur while attending the Tourney and/or participating in games, drills, exercises and/or any other activities (including activities on and off the ice) at the Tourney.
6. I FURTHER AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WAIVERS, RELEASES AND IDEMNITIES IN THIS AGREEMENT EXTEND TO ANY LOSSES OR INJURIES CAUSED TO ME, DIRECTLY OR INDIRECTLY, BY ANY OTHER PARTICIPANTS AT THE TOURNEY (INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AS A RESULT OF PHYSICAL PROVOCATIONS, OR OTHER TORTIOUS CONDUCT BY ANY OTHER PARTICIPANTS).
7. By participating in the Session, I hereby grant Kleineck, LLC the right to use (and license third parties the right to use) my name, image, likeness and photograph (whether in the form of videotape or still photographs) for commercial, marketing, promotional, journalistic and editorial purposes in connection with the marketing of the Session and for future hockey events/tournaments arranged by Kleineck, LLC regardless of the medium of distribution or dissemination and without the payment of any fee or other compensation to me.
8. This Agreement constitutes the sole and entire agreement of Kleineck, LLC and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of Kleineck, LLC and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Maricopa County an, Arizona and I hereby consent to the exclusive jurisdiction of such courts. The prevailing party with respect to any legal action (as determined by the court or other fact-finder) shall be entitled to recover from the losing party all reasonable costs of any legal action, including without limitation, attorneys’ fees and costs.
9. No provisions of this Agreement may be waived or modified unless it is in writing and signed by both myself and an authorized representative of Kleineck, LLC. To the maximum extent permitted by applicable law, if there is any conflict between any provision of this Agreement and any present or future statute, law, ordinance, regulation, the latter shall prevail provided that the provision hereof so affected shall be limited only to the extent necessary and no other provision shall be affected.
10. KLEINECK, LLC HEREBY RECOMMENDS THAT I SEEK THE ADVICE OF LEGAL COUNSEL PRIOR TO EXECUTING THIS AGREEMENT SINCE THIS AGREEMENT MAY AFFECT MY LEGAL RIGHTS. IF I HAVE NOT CONSULTED WITH AN ATTORNEY, I HAVE VOLUNTARILY DECIDED THIS COURSE OF ACTION, AND ACCORDINGLY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAIVE ANY RIGHT TO CLAIM THAT I WAS NOT REPRESENTED BY COUNSEL, OR THAT I DID NOT UNDERSTAND THE SIGNIFICANCE OF ANY OF THE TERMS OF THIS AGREEMENT.
11. By accepting these terms electronically by participating in the Session, I agree that this Agreement shall be valid, binding and enforceable against all parties hereto.