In consideration of participating in True Swing activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Erika Larkin Enterprises’s True Swing and its owners, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting on their behalf (hereinafter collectively referred to as "Releasees"), on behalf of myself, my children, parents, heirs, assigns, personal representative, and estate, and also agree as follows:
I acknowledge that True Swing activities involve known and unanticipated risks which could result in physical or emotional injury, or property damage. Risks include, but are not limited to, musculoskeletal injuries, broken bones, overuse injuries, injuries caused by equipment failure,, medical conditions resulting from physical activity, and damaged clothing or other property. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity.
I expressly accept and assume all inherent risks in this activity, whether caused by the negligence of the Releasees or otherwise. My participation is voluntary, and I elect to participate despite the risks. If at any time I believe conditions are unsafe or I am unable to participate due to physical or medical conditions, I will immediately discontinue participation.
I voluntarily release, forever discharge, and agree to indemnify and hold harmless the Releasees from any and all claims, demands, or causes of action related to my participation in this activity or use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional misconduct. Should the Releasees incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating, or I agree to bear the costs myself. I further represent that I have no medical or physical condition that could interfere with my safety in this activity, or I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
In the event I file a lawsuit, I agree to do so solely in the state where the Releasees' facility is located, and I further agree that the substantive law of that state shall apply.
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.
By checking the terms & condition, I acknowledge that if I am hurt during my participation, I may be found by a court to have waived my right to maintain a lawsuit against the Releasees on the basis of any claim for negligence.
I have read and understood this document and agree to be bound by its terms.
