Waiver of Liability, Assumption of Risk, and Indemnity Agreement
For Highland Brewing Company, Inc. and Asheville Sand Volleyball Club LLC
Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement
All Registrants Under 18
This section is to be completed by the Parent or Guardian of a minor if under age 18. Please read the information below carefully. By signing at the bottom, you consent and agree to the terms and conditions set forth in this Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement (“Agreement”).
The term “HIGHLAND BREWING COMPANY” refers to Highland Brewing Company, Inc. and any of its affiliates and/or franchisees and their respective owners, representatives, directors, officers, agents, volunteers, or employees, and all other persons or entities acting in any capacity on its behalf, and “I,” “my,” “me,” or “myself” refers to the person executing this Agreement.
HIGHLAND BREWING COMPANY has engaged with a 3rd party operator, ASHEVILLE SAND VOLLEYBALL CLUB, LLC, to operate a youth volleyball camp at the Highland Brewing Volleyball Courts and is considered an affiliate of HIGHLAND BREWING COMPANY.
In consideration of being allowed to register and participate in the HIGHLAND BREWING COMPANY, INC. Volleyball Activity and all other activities related to said Volleyball Activity (hereinafter “Activity”), I understand and agree that:
Assumption of Risk. Participation in the Activity is VOLUNTARY, so by signing this Agreement I agree to assume all the risks associated with participating in an Activity, both known and unknown, including risks that may arise from the negligence or carelessness on the part of HIGHLAND BREWING COMPANY, its employees or volunteers or that of third parties. I understand that there are certain dangers, hazards, and risks inherent in the Activity and that such dangers, hazards, and risks may involve risk of injury and loss, both to person and property. I understand that the risks could include, but are not limited to: (i) minor personal injuries such as scratches, bruises, and sprains, (ii) serious personal injuries such as fractures, broken bones, concussions, permanent disability, paralysis, or death, or (iii) property damage and/or loss resulting therefrom; (iv) colliding, hitting, running into, falling into or making physical contact with other individuals or physical objects; (v) potential exposure to communicable diseases; (vi) potential exposure to hazardous, harsh, or extreme weather or environmental conditions, should the Activity take place outdoors; (vii) all dangers inherent in being in a place used for athletic or exercise activities. There may be other risks not known or not reasonably foreseeable at this time. I further understand that HIGHLAND BREWING COMPANY does not assume responsibility for any such injuries or loss. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the Activity. I voluntarily accept personal responsibility for any liability, injury, loss, or damage in any way resulting from my child's participation in the Activity.
Release of Liability. I hereby WAIVE AND RELEASE, to the fullest extent permitted by law, HIGHLAND BREWING COMPANY and any of its affiliates and/or franchisees and their respective owners, representatives, officers, directors, shareholders, members, managers, employees, volunteers, contractors, agents, affiliates, heirs, executors, administrators, successors and assigns, if any (the “Released Parties”), from any and all liabilities, claims, causes of actions, suits, debts, agreements, damages, judgments, executions, and demands whatsoever in law or in equity, that I or my heirs may have now or in the future that arise in any way from any injury, death, loss, damage, expense, or harm that occur to my child or to any other person or to any property damage as a result of my child's participation in the Activity due to any cause whatsoever, including to and without limitation, negligence, or carelessness on the part of the Released Parties. This release of liability shall include transportation to or from the Activity, if any is provided, but does not extend to claims for any liabilities that North Carolina law does not permit to be excluded by agreement. I further release and discharge the Released Parties from and against any liability for damage or injury my child or any person or property resulting from negligence, adjustment, selection and improper use of any equipment, sports gear, or products, and accept the full responsibility for any and all such damages or injury which may result, even if arising from the negligence of the Released Parties. I further release and discharge the Released Parties from and against any liability for damage or injury to any injury that occurs to my child or any other participant or third-party due to the failure to wear or removal of safety equipment at any time during the Activity and accept the full responsibility for any and all such damages or injury which may result.
Indemnification. To the fullest extent permitted by law, I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined above) from and against any claims, damages, losses and expenses, in any way connected with or arising out of my child's participation in the Activity, whether or not caused in whole or in part by the negligence or other misconduct of any of the entities or individuals mentioned above, including but not limited to attorney’s fees and costs, for liability for property damage or personal injury, including death, to my child and any other person resulting from or arising in connection with my child's participation in the Activity, and to reimburse the Released Parties for any such expenses incurred. Should HIGHLAND BREWING COMPANY or anyone acting on its behalf be required to incur attorneys’ fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs.
Care and Use of Equipment. I acknowledge that my child may be given sports gear, products, or other equipment during participation in the Activity and that such items are accepted for use by me in an “as-is” condition. I accept full responsibility for care of sports gear, products, or other equipment while in my child's possession and agree that my child will return the same in good working order and will be responsible for the prompt replacement of parts that are damaged due to my child's negligence, other than from reasonable wear and tear, which such determination shall be judged at the sole discretion of HIGHLAND BREWING COMPANY and any of it's affiliates. I agree that, in order to ensure the safety of all participants in the Activity, safety equipment, which may include but not be limited to protective padding, gloves, safety eyewear, and/or a helmet, may be provided to all participants and is required to be worn at all times during the Activity. Agreement to Follow Rules. I agree that my child will follow any and all rules set by HIGHLAND BREWING COMPANY and it's affiliates and to abide by any rules established by any place at which the Activity may take place. I acknowledge that I have been provided with any rules established by HIGHLAND BREWING COMPANY and it's affiliates and have read and understand them. I understand and acknowledge that my child's failure to abide by the established rules and/or safety procedures or any misconduct on my child's part may result in suspension or expulsion from the Activity, at the sole and absolute discretion of HIGHLAND BREWING COMPANY and it's affiliates.
