Waiver

Release of Liability, Waiver of Claims, Express Assumption of Risk and Indemnity Agreement

Updated 9/5/2020

In consideration of participating in the sport of airsoft, basketball, soccer, BMX or Skateboarding courses ( herein referred to as “Sports”) and special events, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Power Tac Enterprises LLC (dba Power Waukegan) and its owners, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and/or my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:

1) I acknowledge that the Sports involve known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include but are not limited to, blindness, bruises or other injuries caused by falls or collisions with objects, other participants, or uneven surfaces; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essentials qualities of the activity.

2) I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releases. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation at my own will or direct my minor children to do so.

3) I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Power Tac Enterprises from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Power Tac Enterprises LLC or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

4) I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition. This includes costs of ambulance fees.

5) I understand that I am fully liable and financially responsible for equipment issued/rented to me. I also understand that I am financially responsible to Power Waukegan for the (loss/damage) of any such issued/rented equipment or damage to structures or property, and may be prosecuted under Wisconsin law if necessary. I understand that Power Paintball is not responsible for lost, stolen, or damaged personal equipment or property.

6) In the event that I file a lawsuit, I agree to do so solely in the state of Illinois, and I further agree that the substantive law of the state shall apply.

7) I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

8) I agree that Power Tac Enterprises may use my name and likeness in any form for promotional purposes without compensation.
By Signing this document, I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.

I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. I am the authorized guardian of the said minor. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms.

 

POWER WAUKEGAN, LLC
ASSUMPTION OF RISK AND RELEASE FROM LIABILITY AGREEMENT
PLEASE READ CAREFULLY
 
THIS IS A LEGAL DOCUMENT. By signing it, you are limiting your ability to recover from Power Waukegan any damages you sustain while at the Skate Park. If you have any questions about the legal consequences of this document, please obtain advice from your lawyer prior to signing. This document must be signed before you participate in any activity at the skate park.
You agree not to use Power Waukegan or any of its affiliates for any claims you may have.
This agreement is entered into between Power Waukegan, LLC  and the undersigned participant with respect to participant with respect to participation at the skate park facilities operated by PW. In  consideration of the use of the Skate Park and facilities operated by PW, participating agrees as follows:
  1. Participants forever waive any cause of action against PW and its affiliates, owners, agents, employees, and any other person or company in any way associated with it for any damages which might arise from any failure of equipment that is used in this activity.
  2. In the event a third party or parties is injured in any occurence in which the undersigned participates the undersigned shall forever indemnify, defend and hold harmless PW, its affiliates, its owners, agents, and employees, from ALL costs and expenses which arise from claims by such injured parties.
  3. Participant authorizes any medical treatment deemed necessary in the event of any injury while participating in skate park activities. It is the responsibility of participant to carry full and complete insurance coverage for personal bodily injury and personal property damage to participant and any other individuals who may be injured resulting from skate park activities (or, in its absence, agree to pay all costs of rescue and/or medical services that may be incurred on behalf of the participant). 
  4. Participants understand and accept that skateboarding, in-line skating, roller skating, scootering and biking, in their various forms, are hazardous sports and have many dangers and risks, which include serious bodily injury or death. Participant hereby agrees to freely and expressly assume and accept any and all risks of injury.
  5. Participants agree to skate/ride within his/her own abilities and be aware of others around them. No inverted maneuvers are allowed at any time. Participant represents that he/she is physically fit and adequately trained to safely participate in this physically demanding activity, and that he/she does not suffer from any injury, defect, ailment, illness or the like which could conceivably lead to injury or death from participation in this activity. (Please initial)
  6. The participants Assumption of Risk and Release of Liability Agreement is on behalf of the user of the park, and his or her spouse, personal representatives, assigns, heirs, next to kin, family, relatives, executors, trustees, conservators, administrators, agents and guardians.
  7. Participants agree to give up their right to a trial by a court or a jury. Any dispute or claim between participant and PW, including those arising out of or related to this Agreement, the interpretation of this Agreement, or any damages, shall be settled by binding arbitration in accordance with the Rules of the American Arbitration Association. The arbitrator’s award shall be final and binding upon the parties, and judgment upon the award may be entered by any court of competent jurisdiction. The place of arbitration shall be the county or jurisdiction where the park is located.
  8. By tendering this application, participants agree to abide by all Rules and Regulations provided below now in effect or later modified, recognizing that any violation may subject him/her to expulsion from PW. 
POWER WAUKEGAN RULES & REGULATIONS
 
The undersigned hereby grants permission to PW, the right to use his or her voice and/or likeness, and photographs taken in advertising and promotional materials including radio, television, video tape, newspaper, magazines, programs, print advertisements, web and all other media throughout the world in perpetuity.
Membership fee is payable, in advance, and not refundable or transferable.
Abuse of equipment will not be tolerated.
Loud or abusive language is not permitted.
Alcoholic beverages, illegal drugs or smoking are not permitted at any time on the property.
Helmets are required protective gear, shirts and shoes must be worn at all times in the skating area.
Skate/ride within your abilities. Be aware of others around you. No inverted maneuvers are allowed at any time.
Participant/member agrees not to create any nuisance, disturbance or harass or threaten other participants, members, guests, or personnel commit acts of moral turpitude or fraud while using the park or its facilities.
Any roller skater must have a high top boot (above the ankle) in order to ride ramps over 4′ tall.
ANYONE WHO VIOLATES THESE RULES AND REGULATIONS IS SUBJECT TO EXPULSION FROM THE PARK AND REVOCATION OF MEMBERSHIP WITH NO REFUND OF ANY FEES. 
 
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19 & Power Waukegan
 
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, limited the congregation of groups of people. Power Waukegan and lll of its affiliates have put in place preventative measures to reduce the spread of COVID-19; however, they cannot guarantee that you will not become infected with COVID-19. Further, participating in activities at Power Waukegan could increase your risk of contractingCOVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that i may be exposed to or infected by COVID-19 by being at Power Waukegan and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Power Waukegan may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Power Waukegan employees, other participants, vendors or affiliates and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind that may experience or incur in connection with my being at Power Waukegan or participation in Power Waukegan activities. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Power Waukegan, its employees, agents and representatives, of and from the Claims, including all liabilities, caims, actions, damages, cost of expenses of any kind arising out of or relation thereto. I understand and agree that this release includes and claims based on the actions, omissions, or negligence of Power Waukegan, its employees agents and representatives, whether COVID-19 infection occurs before, during, or after participation in any Power Waukegan Services, My signature indicates I DO NOT HOLD Power Waukegan and all of its affiliates and members of Power Waukegan accountable for any accidents or the spread of COVID-19 that may occur as a result of participation in any activity of Power Waukegan. The participant is physically qualified to participate in activities at Power Waukegan. I hereby authorize Power Waukegan staff to act for me, according to their best judgement, in any medical emergency.
MEMBERSHIP TERMS AND CONDITIONS
 
These Rules and Regulations may be modified from time to time in the sole discretion of PW. Changes in activity rates, schedules and hours of operation may also be made at any time, without notice, in the sole discretion of PW.
WAIVER OF LIABILITY
 
Participant, member, guest or patron shall participate in skateboarding/ in-line skating/ scootering/ roller skating/ biking and/ or use any of PW’s facilities, services, or equipment, at his/ her own risk. PW shall not be liable for any participant, member, guest of patron in, on or about the premises of PW from any and all claims, demands, or causes of action, including, without limitation, any claim for personal injuries arising out of the use of its facilities, services, or equipment, or arising out of the negligence of PW, its owners, affiliates, agents or employees or any other person at PW. 
PERSONAL PROPERTY AND VALUABLES
 
PW shall not be liable for the loss or theft of, or damage to, the personal property of any participant, member, guest or patron. 
 
SIGN-IN PROCEDURE
 
Members and non-members using PW must sign in at the reception desk. Payment for skating is required prior to beginning your skate session and failure to do so may result in losing skating privileges. Members agree that use of their membership by anyone other than the person named herein is prohibited, and expulsion may result in the member with no membership refund.
By signing this form, I acknowledge that I have read both sides of this document and fully understand this release. 
 
I AM SIGNING OF MY OWN FREE WILL AND VOLITION.
 
UNDER 18? PARENT/LEGAL GUARDIAN MUST SIGN IN FRONT OF A POWER WAUKEGAN EMPLOYEE OR WAIVER MUST BE NOTARIZED –  NO EXCEPTIONS 


By checking this box, I agree to the above release of liability:
I Agree

POWER WAUKEGAN