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In consideration for being permitted to participate in or use the indoor or outdoor volleyball courts and related areas (“Facilities”), I, the undersigned, acknowledge, agree, and understand the following: By signing below, the participant (or parent/guardian if under 18) acknowledges and agrees to the following:
1. Waiver and Release of Liability. I unconditionally, voluntarily, and irrevocably waive and release any and all rights and claims that I may now, or in the future, have against Volley Vortex and its owners, agents, employees, directors, officers, representatives, contractors, sponsors, affiliates, successors, and assigns (collectively, the “Released Parties”) arising out of my participation in VV Events. I release and discharge the Released Parties from any and all claims for injuries, illness (physical, emotional, or otherwise), death, damage, costs, expenses, and losses, including any direct, indirect, or consequential losses, penalties, legal costs and expenses (including attorney fees), and other professional costs and expenses, which I may have or which may accrue to me related to my participation in VV Events. This waiver and release of liability includes, for example, any and all actions or inactions by the Released Parties, including negligence, negligent acts or omissions, carelessness, or other conduct of the Released Parties; any inclement weather or other unforeseen or uncontrollable events (such as Acts of God) which may affect VV Events; and any and all actions or inactions of other individuals or animals at VV Events. The intent of this waiver and release of liability is to waive and release the Released Parties from any and all liability and claims that are in any way related to Volley Vortex Events. None of the above phrasing is intended to reserve or carve out any liability or claims related to Volley Vortex Events for me to pursue against the Released Parties.
2. Indemnification. I agree to indemnify and hold harmless and defend the Released Parties from any and all claims, damages, liabilities, losses, and costs (including, for example, attorneys’ fees) arising out of, connected with, or in any way related to my participation in Volley Vortex Events, including my negligent or gross negligent, reckless, or intentional acts or omissions or my breach of this Agreement.
3. Voluntary Participation: I am at least 18 years old and, to the best of my knowledge, in good physical condition with the skills and experience to participate in an indoor volleyball activities (“Event” or “Events”). I agree not to participate while impaired by alcohol, drugs, or other substances. I choose to participate voluntarily of my own free will.
4. Injury Risks of Indoor/Outdoor Volleyball: I understand that indoor volleyball involves inherently hazardous activities, including but not limited to serving, setting, spiking, bumping, receiving a volleyball, walking, standing, falling, tripping, slipping, running, jumping, stretching, sliding, diving, and colliding with other participants or stationary objects. These activities may cause serious injury or death to me or others.
5. Additional Risks: I recognize that outdoor physical activities, including indoor volleyball, carry unavoidable risks of injury or death. These risks include, but are not limited to, those related to weather, playing conditions, actions or negligence of other participants or non-participants, and the design, maintenance, or condition of the Facilities.
6. Marketing Consent: I authorize Volley Vortex, its staff, management, and event affiliates (“The Well Activity Center”) to take photos or videos of me before, during, or after Events and to use or repost these images, videos, or likenesses in perpetuity as they deem appropriate.
7. Duty to Inspect: I am responsible for inspecting the condition of the Facilities before and during each Event. By participating, I waive any claims for injuries caused by defective conditions of the Facilities.
8. Assumption of Risks: I voluntarily accept all risks associated with my participation in sand volleyball activities, including but not limited to:
8.1. Practicing or playing, individually or as part of a team;
8.2. Participating in non-playing roles, such as coaching, refereeing, or spectating;
8.3. Any hidden or obvious defects in the Facilities.
9. Compliance with Rules: I agree to follow all rules, regulations, policies, and procedures of Volley Vortex and The Well Activity, whether posted at the Facilities or communicated verbally by staff.
10. Assumption of Responsibility: I accept full responsibility for any personal injury or property damage I cause or sustain while using or participating in the Facilities. I agree to indemnify and hold harmless the Released Parties (defined below) from any liability, claims, or costs, including attorneys’ fees, arising from my actions or participation.
11. Release, Waiver, Discharge, and Covenant Not to Sue: I RELEASE, WAIVE, DISCHARGE, AND AGREE NOT TO SUE Volley Vortex, their affiliates, and their respective owners, officers, directors, agents, and employees (collectively, the “Released Parties”) from any and all liability, claims, demands, causes of action, damages, losses, costs, or expenses (including attorneys’ fees), collectively “Liability,” arising from or related to my participation in or use of the Facilities. This includes Liability caused wholly or partly by the negligence, gross negligence, omissions, breach of contract, or wrongful conduct of the Released Parties. This release binds my heirs, assigns, successors, and personal representatives.
12. Severability: If any provision of this waiver is found invalid or unenforceable, the remaining provisions remain valid and enforceable.
13. Governing Law: This agreement is governed by the laws of the State of Florida
14. Venue for Disputes: Any claims or disputes arising from this agreement or my participation in the Events shall be resolved exclusively in the state or federal courts located in Seminole County, Florida..