SHREDDER LIVONIA WAIVER TERMS & CONDITIONS

RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS

By signing this Release of Liability and Waiver of Certain Legal Rights (“Waiver”) the Undersigned (as defined below), agrees to release and indemnify Rushfield LLC d/b/a Shredder Livonia and each of their members, managers, affiliates, subsidiaries, representatives, contractors, employees, agents, and volunteers, as well as their successors and assigns (collectively, the “Company”) from any liability arising from or related to the Activities (as defined below); participation in the Activities; or use of the Facility (as defined below). The Undersigned explicitly acknowledges and agrees:

READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS. 

1. “Undersigned” or “I” means, as applicable and appropriate, collectively the person who is the age of 18 or over who signs this Waiver on behalf of themselves, and on behalf of any their minor children or wards (“Minor Participants”). “Participant” means the person(s) actually participating in any Activity. “Activity” means participation in any or all activities and programs of the Company, including without limitation, all camp programs and all other  activities including without limitation, tubing, skiing, snowboarding, skateboarding, use of skateboards, trampolines, tumbling, being spotted, use of foam boards, trampoline boards, trampoline skis, landing pits and bags, ramps, rails, boxes, demonstrations, and performances, indoor and outdoor ice skating, strength and endurance training and/or any other uses of Facility and venues as may be utilized for Company activities and programs (such facilities and venues collectively and individually the “Facility”).
2. The Company has the right to confiscate passes or revoke the privileges conferred by membership, where in the Company’s sole judgment, the Undersigned acts inappropriately in any fashion. A pass or membership is NOT TRANSFERABLE and CANNOT BE RESOLD. A pass or membership may be confiscated with no re-issue, if in the sole judgment of the Company, it is used in a fraudulent, reckless, negligent, or dangerous manner. Reissued passes may be subject to a replacement fee.
3. I represent and warrant: (a) I have the skills, dexterity, endurance to safely participate in each Activity and (b) I will at all times participate within my abilities; and (c) I have no health condition that prevents me from safely engaging in the Activity.
4. I authorize the Company and their authorized staff to provide treatment and/or call for medical care for the Undersigned and/or to transport the Undersigned to a medical facility or hospital if, in the opinion of such staff, medical attention is needed. Undersigned agrees to pay all costs associated with such medical care and related transportation.
5. I acknowledge and agree I will obey all signs and warnings posted at the Facility and instructions from Company staff. I agree to explain to all Minor Participants all posted signs and warnings including instructions on use of facilities and equipment. I agree and understand that Minor Participants may at times use equipment without a coach, Company staff, or other adult present.
6. I acknowledge and agree to inspect all equipment and Facility before use and ask questions of Company staff if I do not fully understand how to use the equipment and Facility. I acknowledge and agree all equipment and facilities are provided “AS IS”. I shall notify Company staff of and, if applicable, to return IMMEDIATELY for replacement or repair any equipment believed to be damaged or defective. I accept full responsibility for the care of the equipment used for an Activity including rental and/or demo ski and snowboarding equipment and agree that I am responsible for the replacement at full retail value of any equipment damaged or not returned.
7. I acknowledge and agree that I and all Minor Participants must wear a helmet at all times while skateboarding, skiing, snowboarding, ice skating, and biking, and while participating in any Activity on synthetic snow or ice surface. I acknowledge and understand that the Activities are inherently dangerous and that a helmet cannot guarantee my, or my Minor Participants’ safety and no helmet can protect the wearer against all potential head injuries or prevent injuries to the wearer’s face, neck, or spinal cord.
8. I acknowledge and agree that I must always engage in reasonable inspection and decision-making pertaining to participation. I freely assume all dangers and risks of all Company facility conditions, including but not limited to, course or feature design, course or feature construction, course or feature layout, course, or feature terrain, jumps, and obstacles and course or feature maintenance. I will be entering into and using equipment that contains jumps, ramps, banks, synthetic ice, and other constructed and natural features.

• I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES SUBJECT THE UNDERSIGNED AND ANY PARTICIPANT TO DANGEROUS ACTIVITIES AND INVOLVES THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. I ACKNOWLEDGE THAT I AND MY MINOR PARTICIPANTS ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.

1. I understand that participation in the activities subject me and my Minor Participants to risks including, but not limited to falls; drops; hits; depressions; bruising and damage to clothes from falls on the skiing and other surfaces; collisions with other Participants, spectators and property; and overexertion.
2. I understand use of the Facility and equipment involves dangers and risks including but not limited to use of aerial equipment; high elevation; slippery surfaces; slick or uneven surfaces; feature malfunction; equipment malfunction, failure, or damage; improper use or maintenance of equipment; and potential exposure to viruses and other contaminants.

• I UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT USE OF THE AERIAL EQUIPMENT IS MORE HAZARDOUS AND DANGEROUS THAN ORDINARY RECREATIONAL SKIING AND, IN PARTICULAR, THAT BECOMING INVERTED DURING AN AERIAL MANEUVER SUBSTANTIALLY INCREASES THE RISK OF SERIOUS INJURY OR DEATH.

1. I understand there are risks posed by the negligence of other Participants, Company staff, or others. These risks include, but are not limited to, decision-making and conduct of Company staff involved with an Activity. By way of example without limitation this includes the risk that a coach/counselor/instructor may misjudge Participant’s abilities, conditioning, or some aspect of Participant’s mental, emotional or physical condition that may make a certain portion of any Activity appropriate or inappropriate for the Participant.
2. I understand there are risks entering and exiting the Facility and that I am responsible to safely walk and guide myself and Minor Participants from our through the parking lot to the facilities’ entrance.  I agree to hold onto the handrails and use other safety precautions when entering and exiting the facility and when walking though the parking lot.  I acknowledge that falls and collisions both inside and outside of the facility occur.
3. I understand that coaching or other supervised participation in an Activity does not in any way eliminate the dangers and risks of an Activity or dangers and risks involved in using aerial equipment.
4. I expressly acknowledge and assume all other additional risks and dangers that may result in physical injury and/or death above and beyond the inherent dangers and risks of participating in the Activities.

• I UNDERSTAND THAT THE DESCRIPTION OF THE RISKS IN THIS WAIVER IS NOT COMPLETE AND I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES AND USE THE FACILITY AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF SUCH PARTICIPATION AND USE, WHETHER OR NOT DESCRIBED HERE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.

1. RELEASE OF LIABILITY.  To the maximum extent permitted by law, on behalf of myself and my Minor Participants, I irrevocably and unconditionally, fully and completely, release, waive, relinquish, discharge from liability and covenant not to sue the Company from and against any and all claims, demands, rights, actions, causes of action, suits, debts, obligations, costs, losses, charges, expenses, damages, judgments and liabilities, of whatever kind or nature, in law or equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from use of the Facility by myself and my Minor Participants, the equipment or the services and activities within the Facility and any damage or permanent loss my Minor Participants or I might suffer at the Facility. This release of liability is intended to include without limitation, all claims for negligence, personal or bodily injury, emotional injury, illness (from whatever cause including virus), property damage and death, within and outside of the Facility.
2. I SHALL APPEAR, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ALL OTHER RELEASEES from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification under this Waiver, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party relating in any way to (i) any injury, damage or harm, including without limitation death, suffered by me or my Minor Participant within or outside of the Facility however caused; (ii) any injury, damage or harm, including without limitation death to any other person within or outside of the Facility caused by me or my Minor Participant however caused; or (iii) any equipment or property located within or outside of the Facility caused by me or my Minor Participant. On behalf of myself and my Minor Participant, I hereby forever release the Company and Releasees from any and all claims, actions, damages, losses, costs, expenses, and liability of any kind, arising under any legal or equitable theory whatsoever at any time during or after the period of our participation in the Activities or use of the Facility.
3. I hereby consent to any and all uses and displays, by the Company and its agents, of the Undersigned’s name, voice, likeness, image, appearance, and biographical information in, on or in connection with any pictures, photographs, audio and video recordings, digital images, websites, television programs, and advertising, other advertising, sales and marketing brochures, books, magazines, other publications, CDs, DVDs, tapes, and all other printed and electronic forms and media throughout the world, at any time during or after the period of Undersigned’s participation in the Activities or use of the Facility, for all legitimate business purposes of the Company. 
4. This Waiver constitutes the sole and entire agreement of the Company and the Undersigned with respect to the subject matter contained herein and therein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Use of the singular includes the use of the plural and vice versa. If any term or provision of the Waiver is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Wavier or invalidate or render unenforceable such term or provision in any other jurisdiction. The Waiver is binding on and shall inure to the benefit of the Company, the Undersigned, and their respective successors and assigns. All matters arising out of or relating to the Waiver shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule. Any controversy, dispute, or claim arising out of or related to this Agreement, or any damage or injury suffered at the Facility, which the parties are unable to resolve by mutual agreement, must be resolved exclusively by submission to binding arbitration in Chicago, Illinois, before a single arbitrator, administered by the American Arbitration Association in accordance with applicable rules of the AAA then in effect. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, which will remain in full force and effect.

THE UNDERSIGNED UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT THIS WAIVER APPLIES FOR EACH AND EVERY DAY THE UNDERSIGNED ENGAGES IN AN ACTIVITY OR USES THE FACILITY, WITHOUT REQUIRING THE UNDERSIGNED TO SIGN AN ADDITIONAL FORM FOR EACH DAY AND/OR EACH ACTIVITY. THIS WAIVER APPLIES UNLESS AND UNTIL REVOKED IN WRITING AND THAT WRITING IS ACCEPTED IN A WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE COMPANY.

THE UNDERSIGNED UNDERSTANDS HE OR SHE IS NOT PERMITTED TO TAKE PART IN ANY ACTIVITY UNLESS THIS WAIVER IS FULLY EXECUTED. THE PARENT OR LEGAL GUARDIAN REPRESENTS AND ACKNOWLEDGES THAT HE OR SHE IS ENTITLED TO, AND IS SIGNING THIS WAIVER ON BEHALF OF, A MINOR PARTICIPANT AND THAT MINOR PARTICIPANT IS BOUND BY ALL THE TERMS OF THIS WAIVER. THE UNDERSIGNED UNDERSTANDS AND AGREES THAT IF THIS WAIVER IS NOT SIGNED ON BEHALF OF THE MINOR PARTICIPANT, THE MINOR PARTICIPANT WILL NOT BE PERMITTED TO PARTICIPATE IN ANY ACTIVITY OR USE THE FACILITY.