BT SPORTS ACADEMY ASSUMPTION OF RISK, WAIVER, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
THIS AGREEMENT IS IRREVOCABLE AND BINDING AS SET FORTH BELOW.
Anyone who enters a BT SPORTS ACADEMY (“Entrants”) to participate in practicing, participating in or as a spectator of all sports(sports including but not limited to soccer, baseball, football) games, competition, matches, or entertainment, including all other related ancillary services (including but not limited to use of the restaurant and fitness center(the “Activity”) provided by BT Sports Academy LLC, a Florida Limited Liability Company with offices located at 6351 49th St N Pinellas Park FL 33781 (the “Company”) agrees to all the terms and conditions set forth in this agreement (this “Agreement”) as lawful consideration for being permitted by the Company to participate in the Activity.
Assumption of Risk
Entrants acknowledge, understand and assume the risks inherent in the Activity and understand that said Activity entails risks of serious bodily injury, disability, death, and/or property damage or other harm and such person participating with full knowledge of said risks. Entrants understand and assume the risks arising from the conditions of the location of the Activity, including the condition of any equipment or facilities, and acknowledge that included within the scope of this Agreement is any action or causes of action arising from the performance of, or failure to perform, maintenance, inspection, supervision, control or security of said areas and for the failure to warn of dangerous conditions existing on or near said locations. Sportis a physical, contact, sport that involves the risks of injury, disability, and death, and involves strenuous and hazardous physical activity. Entrants assume all risks and hazards associated with their participation in the Activity. Entrants certify they are in proper physical condition to participate in the Activity and have no illness, disease or existing injury or physical defect that would be aggravated by their participation. Entrants further acknowledge that this risks inherit in the Activity may involve unforeseen consequences, including those which may be due to the unavailability of immediate emergency medical care.
WAIVER, RELEASE, AND AGREEMENT NOT TO SUE
Entrants hereby knowingly and voluntarily waive, release, forever discharge and agree not to sue the Company and its partners or leaseholders, including, without limitation, each of their respective affiliated entities, parent companies, agents, attorneys, assigns, representatives, partners, officers, elected officials, employees, and personnel (collectively, "Releasees") from and with respect to any and all actions, causes of action, claims, demands, obligations, liabilities, losses, costs or expenses for, without limitation, personal injury, disability, property damage or wrongful death arising out of Entrants’ participation in the Activity or any activities incidental thereto, wherever or however the injury or death may occur, whether the same shall arise by the negligence of any of Releasees or otherwise, that may be made by Entrants, or their parent(s) or legal guardian(s), family members, estate, heirs, assigns, personal representatives, next of kin, or spouse (together, “Entrants’ Representatives”).
IT IS THEREFORE ENTRANTS’ INTENTION TO EXEMPT AND RELIEVE RELEASEES FROM ALL LIABILITY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR PERSONAL INJURY, DISABILITY, PROPERTY DAMAGE, OR DEATH, INCLUDING, WITHOUT LIMITATION, THAT CAUSED BY RELEASEES’ ACTUAL OR ALLEGED NEGLIGENCE.
AGREEMENT TO INDEMNIFY, DEFEND, AND HOLD HARMLESS
Entrants agree, on behalf of themselves and Entrants’ Representatives, that Entrants or Entrants’ Representatives shall indemnify and hold harmless Releasees in the event any claims, demands, causes of action, obligations, liabilities, damages, losses, injuries, costs, expenses, and attorney’s fees for, including but not limited to, any claim for Entrants’ personal injury, disability, property damage or wrongful death arising out of Entrants’ participation in the Activity, including alleged acts of negligence by Releasees, shall be prosecuted against Releasees. Further, it is agreed that the foregoing indemnity and agreement to hold harmless does not require the Releasees to have made payment to a third party claimant as a condition precedent to recovery of the indemnity granted pursuant to this paragraph.
All claims and disputes that arise out of or are incurred in connection with participation in the Activity must be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules before a single arbitrator in the State of Florida, County of Pinellas. Any arbitration shall apply the substantive laws of the State of Florida. The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate, or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual. An award of arbitration may be confirmed in a court of competent jurisdiction. Each party shall bear its own costs and fees of arbitration.
CLASS ACTION WAIVER. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER ENTRANTS NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION, LITIGATE IN COURT, OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS.
WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR COMPETITION DESCRIBED HEREIN, INCLUDING ANY CLAIMS RELATED TO PERSONAL INJURY, BODILY INJURY, DEATH OR PROPERTY DAMAGE AS A RESULT OF NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN CONNECTION WITH THE COMPETITION. THE PARTIES REPRESENT THAT EACH HAS REVIEWED THIS WAIVER WITH LEGAL COUNSEL, AND EACH KNOWINGLY AND VOLUNTARILY WAIVES HIS/HER/ITS JURY TRIAL RIGHTS. IN THE EVENT OF LITIGATION, A COPY OF THIS AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida. This Agreement constitutes the sole and entire agreement of the Company and Entrants with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any provision of this Agreement shall be held by any court of competent jurisdiction to be illegal, void, or unenforceable, such provision shall be of no force and effect, but the enforceability of all other provisions of this agreement shall be unimpaired.
BY ENTERING A BT SPORTS ACADEMY, ENTRANTS ACKNOWLEDGE THAT THEY HAVE CAREFULLY READ THIS AGREEMENT AND ARE AWARE THAT IT CONTAINS A WAIVER AND RELEASE OF LIABILITY, AND THAT THEY ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. ENTRANTS ARE FULLY AWARE OF THE POTENTIAL DANGERS INCIDENTAL TO PARTICIPATION IN THE ACTIVITY. ENTRANTS ENTER INTO THIS AGREEMENT ON THEIR OWN FREE WILL AND INTEND FOR THE AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL WAIVER AND RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. BY ENTERING A BT SPORTS ACADEMY, ENTRANTS HAS VOLUNTARILY ASSENTED TO THIS AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATION, STATEMENTS OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.