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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:
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.
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.
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.
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.
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.
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.
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.
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.
* = Required
Signer's First Name: *
Last Name: *
Minor Participant's First Name:
Minor Participant's Last Name:
Participant Signature (if under 18/Gaurdian must sign): * Hold the left mouse button or use your finger/stylus within the box to write your signature
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.
Participant Signature (if under 18/Guardian must sign): * Hold the left mouse button or use your finger/stylus within the box to write your signature
This Agreement ("Agreement") is made this 29 day of November 2023, by and between the Performance FieldHouse, LLC ("Owner"), whose business address is 1027 E. Michigan Ave, Paw Paw, MI 49079 and Billing Name as outlined in Addendum A below ("Renter") and collectively the "Parties". WHEREAS, Renter wishes to use Owner's Property for Purpose(s) on Date(s) and Time(s) as outlined in Addendum A below (the "Event"). In consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
1. Property Rental. Owner hereby grants to Renter a limited and revocable license (the "License") to use the property located at 1027 E. Michigan Ave, Paw Paw, MI 49079 ("Property"). The License permits Renter as outlined in Addendum A below to use the Property only on the Event Date, during the hours specified below, and only for the purposes set forth in this Agreement.
2. Event Date. The Event shall be held on Date(s) and Time(s) as outlined in Addendum A below (the "Event Date"). Renter shall not have access to the Property at any time other than during these hours on the Event Date, unless Renter receives prior permission from Owner.
3. Fees. Renter shall pay to Owner the Price as outlined in Addendum A below (the "Rental Fee") for the use of the Property. Included in the total Rental Fee shall be a deposit of 50% of the Price as outlined in Addendum A below (the "Deposit"), that must be paid to Owner upon the execution of this Agreement. Owner shall have no obligations under this Agreement until the Deposit is paid in full. The remainder of the total Rental Fee shall be due in full on the earliest Event Date as outlined in Addendum A below (the "Payment Due Date"). If Renter fails to pay the full Rental Fee by the Payment Due Date, Owner shall have the right to revoke the License and to keep the full amount of the Deposit as liquidated damages.
4. Cancellations. If Renter cancels the reservation for the Event within 21 days of the Event Date, Owner shall refund to Renter the Rental Fee (Minus a $25 administration fee.). If Renter cancels the reservation for the Event within seven (7) days of the Event, Owner shall be entitled to retain the entire Rental Fee, including the Deposit as liquidated damages.
5. Condition of the Premises. The Property shall be provided as-is, and Owner makes no warranty to Renter regarding the suitability of the Property for Renter's intended use. Renter shall leave the property in the same or similar condition as when Renter entered. Renter shall be responsible for any damage caused to the Property beyond ordinary wear and tear, and shall be required to arrange for such repair. Owner shall be entitled to arrange for any necessary repairs at Renter's expense. Renter shall reimburse Owner for any such repairs within 30 days of receipt of Owner's written request for reimbursement, which request shall be accompanied by written verification of the amount of the expenses incurred.
6. Additional Services. Owner shall provide Renter with additional services if applicable, in connection with the rental of the Property under this Agreement.
7. Indemnification. Renter hereby indemnifies and holds harmless Owner, their employees, agents, heirs, successors and assigns from any and all damages, actions, suits, claims, or other costs (including reasonable attorney fees) arising out of or in connection with any damage to any property or any injury caused to any person (including death) caused by Renter's use of the Property, including any acts or omissions on the part of Renter, their employees, officers, directors, independent contractors, guests, invitees, contractors, or other agents. Renter shall immediately notify Owner of any damage or injury of which they have knowledge in, to, or near the Property, regardless of the cause of such damage or injury.
8. Permitted Use. Renter is authorized pursuant to the License to use the Property to hold the Event, and for no other purpose, unless Owner gives Renter prior written authorization for additional permitted uses. Renter may not use the Property in any manner that may render the insurance for the Property or upon any of Owner’s property void, or which may result in increased insurance premiums for Owner with respect to the Property or any other of Owner's property.
9. Compliance with Laws. Renter shall obtain and maintain any necessary permits, licenses, or other forms of permission necessary to use the Property according to the permitted uses set forth in this agreement in a lawful manner. Renter shall not use the Property in any manner that would violate any local, state or federal laws or regulations. Renter hereby indemnifies Owner, their employees, agents, heirs, successors and assigns, for any damages, penalties, fines, suits, actions, or other costs (including reasonable attorney fees) arising out of or in connection with Renter's violation of any local, state, or federal laws, rule, regulation or ordinance related to Renter's use of the Property.
10. Force Majeure. In the event that Owner is unable, for reasons beyond their control, to make the Property available to Renter on the Event Date for the purposes as set forth in this Agreement, Renter shall have the option of choosing an alternate date to hold the Event (the "Alternate Event Date"), at no extra charge to Renter. If Renter selects an Alternate Event Date that is reasonably acceptable to Owner, then the Alternate Event Date shall replace the Event Date for the purposes of this Agreement, and all obligations, rights, duties, and privileges as set forth in this Agreement shall remain binding on the Parties. If Renter and Owner cannot agree upon an Alternate Event Date within 30 days of the original Event Date, then owner shall refund to Renter the full amount of the Rental Fee (including the full Deposit). In neither case shall Owner be liable for any additional costs or damages suffered by Renter (over and above the Rental Fee) arising out of rescheduling or cancellation of the Event pursuant to this agreement.
11. Revocation. Owner shall have the right to revoke the License at any time prior to the Event Date, provided it gives Renter prior written notice of revocation. In the event that Owner revokes the License prior to the Event for reasons other than nonpayment of fees or breach of this Agreement by Renter, Owner shall refund to Renter the full amount paid by Renter in connection with this Agreement, including the entire Deposit.
12. Assignment. Neither party may assign or transfer their respective rights or obligations under this Agreement without prior written consent from the other Party. Except that if the assignment or transfer is pursuant to a sale of all or substantially all of a Party's assets, or is pursuant to a sale of a Party's Property, then no consent shall be required. In the event that an assignment or transfer is made pursuant to either a sale of all or substantially all of the Party's assets or pursuant to a sale of the Property then written notice must be given of such transfer within 10 days of such assignment or transfer.
13. Governing Law. This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of Michigan, without regard to conflicts of law principles.
14. Insurance. Renter has, and shall maintain throughout the term of this Agreement, general liability insurance, naming Owner as an "additional insured," in an amount of coverage not less than $1,000,000 per occurrence, including personal injury and property damage. Prior to the use of the Property, User agrees to deliver to Owner a certificate of insurance by an insurance company satisfactory to Owner, which names Owner as an additional insured and provides that the insurance company must provide the Owner with at least ten (10) days prior written notice of any cancellation or reduction in coverage. In Addition, if the User's activities are sports/recreation related, liability coverage must INCLUDE "Participant Legal Liability" or "Claims Made by Athletic Participants".
15. Severability. If any party of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
16. Notice. Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified mail, return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:
If to Renter: (organization/individual name) (address)
If to Owner: Performance FieldHouse, LLC Attn: Mark Lipson 1027 E. Michigan Ave, Paw Paw, MI 49079
17. Attorney Fees. If any legal action is commenced or maintained in court, whether in law or in equity, by any party to this Agreement as to the interpretation, enforcement, construction or the determination of the rights and duties of the parties to this document or any document provided herein, the prevailing party in any such action shall be awarded its reasonable attorneys' fees together with all reasonable costs and expenses incurred in such action.
18. Entire Agreement. This Agreement constitutes the entire agreement between Renter and Owner, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first written above.
Renter Signature: * Hold the left mouse button or use your finger/stylus within the box to write your signature
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:
Signature * Hold the left mouse button or use your finger/stylus within the box to write your signature
Name (printed) *
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.
Signature Hold the left mouse button or use your finger/stylus within the box to write your signature
Grant Consent: * I grant Performance FieldHouse consent to collect my general information, including name, phone number, and email address.
Type PFH in the box below: *