Participant Waiver

RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

In consideration of the opportunity to participate in activities at Performance FieldHouse, 1027 E. Michigan Ave, Paw Paw, MI 49079, and for other good and valuable consideration, I hereby agree to release and discharge Performance FieldHouse, LLC, Lipson Holdings, LLC, their owners, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as "Releasees") from any claim, demand, loss, liability, damages, attorney fees and costs whatsoever, arising from, related to, or resulting from my participation or the participation of a minor for whom I sign this agreement, including those claims caused by the negligent acts or omissions of any or all of the Releasees, on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:

1. I acknowledge that sports and recreational activities involves known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and damage/loss to personal property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
    
2. I acknowledge that my consumption of alcohol, whether purchase on the premises or not, before, during or after participating in activities involves risks for which I accept full responsibility, and agree to release, indemnify, and hold harmless Releasees pursuant to this agreement.
    
3. I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
    
4. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my or my minor's participation in this activity, or use of Releasees equipment or facilities. Should Releasees or anyone acting on their behalf be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
    
5. I represent that I have adequate insurance to cover any injury or damage I or my minor child may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I or my minor child have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume - and bear the costs of - all risks that may be created, directly or indirectly, by any such condition.
    
6. If I am signing this agreement on behalf of a minor, I further agree to indemnify and hold harmless Releasees from any claims alleging negligence which are brought by or on behalf of the minor or are in any way connected with such participation by minor.
    
7. In the event that I file a lawsuit, I agree to do so solely in Van Buren County, Michigan, and I further agree that the substantive law of Michigan shall apply.
    
8. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

By signing this document, I agree that if I am hurt or my property is damaged during participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released. I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing.

I have read and understood this document and I agree to be bound by its terms.

CONSENT AND RELEASE FOR USE OF LIKENESS

I give permission to Performance FieldHouse, LLC and Lipson Holdings, LLC to use, without charge and without reservation, my or my minor child's likeness, including photographs, images, drawings, pictures, and video, in publishing and promoting the business of Performance FieldHouse, LLC, whether in printed materials, television, or internet media. I acknowledge that editorial changes may be made as deemed suitable by Performance FieldHouse, LLC, and that my likeness will not be used in a disparaging or negative manner. Whether or not changes are made, I waive any rights of action I may have and release Performance FieldHouse, LLC and Lipson Holdings, LLC from any and all claims I may have arising from use and publication, including any rights to sue for defamation or violation of rights of privacy or rights of publicity.

WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life threatening illness and even death.

Performance FieldHouse cannot prevent you [or your child(ren)] from becoming exposed to, contracting, or spreading COVID-19 while utilizing Performance FieldHouse’s services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize Performance FieldHouse’s services and/or enter onto Performance FieldHouse’s premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.

ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children in order to utilize Performance FieldHouse’s services and enter Performance FieldHouse’s premises. These services are of such value to me [and/or to my children,] that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize Performance FieldHouse’s services and premises in person [if applicable: “rather than arranging for an alternative method of enjoying the same services virtually (e.g. videoconference)].

WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against Performance FieldHouse and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing Performance FieldHouse’s services and premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.

CHOICE OF LAW: I understand and agree that the law of the State of Michigan will apply to this contract. I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE:

Parent/Legal Guardian Signature

I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Release.

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