Game On Indoor Sports
Assumption of Risk – Waiver of Liability – Indemnification Agreement
The activities at Warriors Indoor Sports dba Game On Indoor Sports (hereafter referred to as “GIS”) include sports activities that clearly involve the risk of injury or hazards to the participants and spectators. They offer the participant fun, competition, and wholesome recreation. While the many benefits of these activities are apparent, “GIS” and its staff regard participant safety as a top priority and feel it is important that the participant (and parent/guardian) understand that there are risks inherent in the activity regardless of the care taken by “GIS”. Some risks that are inherent in the activity and cannot be totally eliminated include tripping, slipping and falling, and collisions. Other inherent risks include, but are not limited to unexpected equipment failure, errors in judgment by “GIS” employees, and thrown or batted balls, bats, etc.
“GIS” feels that it is important that the participant (and parent/guardian) understand that three types of injuries can occur. Minor injuries are the most common and include, but are not limited to, muscle soreness, headaches, and bruises. Serious injuries are less common, but do occur occasionally. They include, but are not limited to, broken bones and internal injuries. Catastrophic injuries are rare; but “GIS” feels that participants should be aware of the slight possibility. These injuries include paralysis and even death.
Assumption of Inherent Risks: I, the Adult Participant [or Minor Participant and Parent(s) or Guardian(s)], (hereafter referred to as Participant/Parent)understand that all activities of “GIS” include inherent risks thatcannot be totally eliminatedregardless of the care taken by “GIS”. Participant/Parent 1) know, 2) understand, and 3)appreciate the types of injuries inherent in “GIS” activities. Participant/Parenthereby assert thatParticipant/Parentknowingly assume all inherent risks of the activity.
Waiver of Liability for Ordinary Negligence of “GIS”:In consideration of permission to use the property, facilities, equipment, and services of “GIS”, today and on all future dates, Participant/Parent, on behalf of [myself, my spouse, heirs, personal representatives, and assigns = Releasing Parties] do hereby waive, release, discharge and covenant not to sue“GIS”including, owners, directors, officers, employees, volunteers, independent contractors, agents and equipment suppliers = Protected Parties] from liability from any and all claims arising from the negligenceof the Protected Parties.
This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in “GIS”activities including, but not limited to: [recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; tests, classes, parties, and instruction; observers or spectators; individual use of facilities, equipment, and all premises including the associated sidewalks and parking lots and to 2) any and all claims resulting from the damage to, loss of, or theft of property = Inclusive Activities].
Indemnification:Participant/Parent also agree to hold harmless, defend, and indemnify “GIS”(that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees, and related expenses) from any and all claims of Releasing Parties arising from participation in Inclusive Activities, (including those arising from the inherent risks of the activity or the negligence of Protected Parties). Participant/Parent further agree to hold harmless, defend, and indemnify “GIS”against any and all claims of co-participants, rescuers, and others arising from the conduct of the participant in Inclusive Activities.
Clarifying Clauses: Participant/Parentconfirm that: 1) this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between me and “GIS” and cannot be modified or changed in any way by representations or statements by any agent or employee of “GIS”; 2) the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Michigan and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect; and 3) if legal action is brought, the appropriate trial court for the County of Kent in the State of Michigan has the sole and exclusive jurisdiction and that only the substantive laws of the State of Michigan shall apply.
Acknowledgment of Understanding: Participant/Parenthas read and understands this Agreement. I understand that I am giving up substantial rights, including the right of the Participant/Parent to sue for damages in the event of death, injury or loss. I acknowledge that I am voluntarily signing the agreement, and intend my signature to be a complete release of all liability, including that due to negligence by the Protected Parties, to the greatest extent allowed by law of the State of Michigan.
Representation and Authorization: PARTICIPANT/PARENT expressly represents to Protected Parties that Participant is in good health and physically capable of participating in any and all activities associated with “GIS”. I authorize Protected Parties to request and obtain emergency medical care/ treatment for PARTICIPANT/PARENT, as the circumstance may require. In connection with this authorization I hereby waive and release the right to authorize and give consent for the delivery of medical care/treatment, of whatsoever kind and nature to PARTICIPANT/PARENT. I also give my consent for all medical care prescribed by a medical doctor, EMT, or nurse to preserve the physical well being of PARTICIPANT/PARENT.
I also understand that Game On does enforce a cancellation policy. You need to have at least 24 hours notification of cancellation to get a full refund on all services. If you do not give 24 hour notice, fees will be collected for these services at full rate. You will be refunded completely if given over 24 hour notice.
Collection of your personal information When Game On and eSoft Planner collects any personal information on our website, we will express our need for the personal data at the point of collection. Personal information is any information that can be used to identify an individual, and may include, but is not limited to, name, email address, postal or other physical address, title, occupation, and other information required to provide a service, deliver a product, or carry out a transaction you have requested. Some of the reasons we collect your personal information include:
Uses of your personal information We will only use your personal information in the way we specified when it was collected. We will not subsequently change the way your personal information is used without your consent. Some of the ways we may use your personal information include:
Accessing and updating your personal information We need your help in keeping the personal information you have shared with us accurate and up to date. Please notify us of any changes to your personal information. Our site allows you to make these updates yourself online via the user profile.
Unsubscribing Subscriptions to some newsletters can be managed through the user profile. In addition, each email newsletter includes instructions on how you can unsubscribe from that particular mailing.
Non-personal information collection We do not sell or rent your personal information to third-parties for marketing purposes unless you have granted us permission to do so.
Sharing your personal information In some instances, Game On and eSoft Planner may collect non-personal (aggregate or demographic) data through cookies, web logs, and web beacons. This information is used to better understand and improve the usability, performance, and effectiveness of the eSoftplanner.com website and software.
We may share your personal information with authorized third-party agents or contractors in order to provide a requested service or transaction. For example, if we need to ship something to you, we must share your name and address with a shipping company. We only provide third-party agents with the minimum amount of personal information necessary to complete the requested service or transaction.
We may respond to subpoenas, court orders, or legal process by disclosing your personal information and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims.
Personalization We may customize websites or newsletters for certain users based on the information they previously provided or that was collected through eSoftplanner.com websites in order to enhance the overall web experience.
Security of your personal information Game On and eSoft is committed to protecting the personal information you share with us. We utilize a combination of security technologies, procedures, and organizational measures to help protect your personal information from unauthorized access, use or disclosure.
When we transfer sensitive personal data (for example, credit card information) over the Internet, we protect it using Secure Sockets Layer (SSL) encryption technology. While we strive to protect your personal information, we cannot ensure the security of the information you transmit. We recommend you to take every precaution in protecting your personal information when you are on the Internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and make sure you use a secure browser.
Cookies Game On and Esoftplanner.com website and software utilize cookies, although you can still access most of them even if you choose to disable cookies in your browser. The eSoftplanner.com software will not allow you to complete certain activities if cookies are disabled. For example, our e-commerce uses session cookies and persistent cookies to process transactions. If you do not accept cookies, the associated transaction will not work and you will not be able to place an order.
We also include web beacons in HTML-formatted e-mail newsletters in order to count how many newsletters (or particular articles, links, etc.) are being accessed.
Current versions of web browsers offer enhanced user controls regarding the placement and duration of both first and third party cookies. Search for "cookies" under your web browser's Help menu for more information on cookie management features available to you.
Data retention Game On and eSoft will not retain your personal information longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.
Linked Website Our websites may provide links to other third-party websites which are outside our control and not covered by this policy. We encourage you to review the privacy policies posted on these (and all) sites.