Waiver and Release of Liability
In consideration of being permitted to use ELITE BADMINTON CENTER (the "EBC") and/or any other facility owned or operated by EBC, or participate in any EBC training, programs, events, or activities, I voluntarily and with full capacity enter into this Release of Liability, Indemnity, and Assumption of Risk Agreement (the "Agreement"). The term of this Agreement shall be for the duration in which I continue to participate in EBC.
1. I acknowledge, agree, and represent that I and/or my minor child understand the nature of badminton activities ("Activity") and that I and/or my minor child are qualified, in good health, and in proper physical condition to participate in such Activity. I further agree that if at any time I believe conditions or equipment to be unsafe, I and/or my minor child will immediately discontinue further participation in the Activity.
2. I fully understand that: (a) badminton activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis, and death ("Risks"); (b) these Risks and dangers may be caused by me and/or my child or others' actions or inactions while participating in the Activity, the conditions in which the Activity takes place, or the negligence of EBC and their respective officers, directors, principals, managers, contractors, agents, sponsors, employees, coaches, front desks, representatives, and volunteers (collectively, "Releasees"); (c) there may be other risk and social and economic losses either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, costs, and damages I and/or my minor child incur as a result of my participation in the Activity. I hereby accept and assume all such risks, known or unknown, and assume all responsibility for the losses, costs, and/or damages following such injury, disability, paralysis, or death, even if caused, in whole or in part, by the negligence of the Releasees.
3. I hereby release, discharge, and covenant not to sue the Releases from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations; and I further agree that if despite this release and waiver of liability, assumption of risk, and indemnity agreement I and/or my minor child or anyone on my and/or my minor's child behalf, makes a claim against any of the releases, I will indemnify, save, and hold harmless each of the Releasees from any litigation expenses, attorney fees, loss liability, damage, or coast which any may incur as the result of such claim.
4. I agree that EBC and its designees may use my name, voice, photographs, likenesses, biographies, testimonials and statements, and other identification for any purpose relating to EBC activities and advertising and publicizing EBC and its products and services. I hereby grant EBC permission to use, edit, alter, copy, exhibit, publish or distribute my photos and/or videos in any and all publications for any purposes, including website entries, without payment or any other consideration in perpetuity. I waive the right to inspect or approve the finished product, including a written or electronic copy, wherein my photos appear. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photos and/or videos. I understand and agree that these materials will become the property of EBC and will not be returned.
5. I fully understand that this Agreement is in full force and effect perpetually once I sign it. I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and have signed it freely and without assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.