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General Liability Waiver
In consideration of being allowed to participate in any way, in any Clash Cleveland and/or Cleveland Metroparks event, program or activity (collectively "Programs"), I understand, acknowledge, appreciate and agree that: The risk of injury from the activities involved in these Programs are significant, including the potential for permanent paralysis and death, and while particular skill, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist and I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF Clash Cleveland and/or Cleveland Metroparks, or others, and assume full responsibility for my participation; and I willingly agree to comply with the stated and customary terms and conditions for participation, including any RULES provided by Clash Cleveland and/or Cleveland Metroparks for participation in the Programs; I am authorizing that I am being added to Clash Cleveland email list and will receive periodic updates, the delivery of which I may terminate at any time. I have or will inspect the facilities and equipment to be used in conjunction with the Programs and if I believe any unsafe condition exists, I will immediately advise a Programs official of such condition and will refuse participation until such condition is corrected; I further consent to the use of my image or likeness, as well as any other information submitted by me or taken by Clash Cleveland staff and volunteers of Clash Cleveland (including but not limited to emails, comments, message boards, pictures, and feedback) in promotional material to be used by the Clash Cleveland and/or Cleveland Metroparks, its associates, and the general media. I freely and willingly waive all rights or claims to compensation for use of my image or likeness, any of my submitted written material and any of my submitted photographs or photographs or videos taken by Clash Cleveland staff and volunteers of Clash Cleveland; I further acknowledge and agree that Clash Cleveland and/or Cleveland Metroparks existing relationships with its customers and facility partners were derived at considerable expense and effort and belong exclusively to Clash Cleveland and/or Cleveland Metroparks and I agree that for a period of two (2) years following the date of my participation in Clash Cleveland, I will not contact, solicit or attempt to solicit on my own behalf or on the behalf of any other person or entity any customer of Clash Cleveland, client or prospective customer or client. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS Clash Cleveland, their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable owners and lessors of premises used for the Programs ("Releasees"), with RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property associated with my presence or participation, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law; This voluntary liability waiver form shall be in full force and effect at all times during my participation in the Programs, of any kind or nature, and for whatever period of time I participate in said Programs, either continuously or from time to time, as the case may be. This Agreement shall be interpreted, construed, and governed according to the laws of the State of Ohio. I HAVE READ THIS VOLUNTARY LIABILITY WAIVER FORM, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. Communicable Disease Acknowledgement & Waiver 1. The risks of injury and illness (ex: communicable diseases such as MRSA, influenza, and COVID-19) from the activities involved in this program are significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce these risks, the risks of serious injury and illness do exist; and, 2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and, 3. I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and, 4. I accept that Clash Cleveland has the right to refuse my participation in a Program if I am exhibiting symptoms of infection; and, 5. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Clash Cleveland and/or Cleveland Metroparks their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. 6. By agreeing to this waiver, I, the player, release my health and information specifically related to COVID-19 as collected by Clash Cleveland and/or Cleveland Metroparks, to their staff in order to provide a safe and healthy playing experience.