WAIVER OF LIABILITY, CONSENT OF USE & HOLD HARMLESS AGREEMENT

1. In consideration for receiving permission from Mammoth Sports Construction, LLC (“MSC”), a Kansas limited liability company, d/b/a Mammoth Sports Academy, to utilize their facility and/or grounds with a common address of 3922 74th St., Meriden, Kansas 66512, or participate in sports practices, athletic and/or performance training and/or programming, recovery activities and/or therapies, nutrition/hydration, use of equipment, improvements or facilities at MSC, or general activities, information, guidance related to such events (collectively “the Activity”), I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE MSC, their members, officers, directors, agents, servants, employees, parents, attorneys, subsidiaries or affiliates (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, my players, team participants, and/or their families, invitees or guests, or any of the property belonging to me, my players, team participants, their families, invitees or guests WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in the Activity at MSC’s facility or grounds.
2. I am fully aware of the risks involved and hazards connected to the Activity, collectively, and regardless of the level of engagement and/or participation and I hereby elect to voluntarily participate, or consent for my minor child to participate, in the Activity with full knowledge that the Activity may be hazardous to myself, my child, my team, my participants and/or their families, invitees and guests, and my personal property, my team’s personal property, my participants personal property and/or their families’, invitees’ and/or guests’ personal property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by myself, my child, my team, my participants and/or their families, invitees or guests, or any loss or damage to personal property owned by me, my team, my participants and/or their families, invitees or guests, as a result of being engaged in the Activity and using MSC’s facility, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.
3. I hereby, on behalf of myself and my heirs, successors and assigns, further AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS the RELEASEES from any claim, loss, liability, damage or costs, including court costs and attorney fees, that may incur due to the Activity and use of the MSC facility or from my participation in the Activity and the use of the MSC facility or grounds, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise.
4. I understand that MSC does not maintain any medical, disability and/or health insurance policies for any participants in the Activity.
5. As further consideration, and while participating in the Activity or being present at MSC, I CONSENT, AUTHORIZE and ALLOW MSC to photograph, film or capture a likeness of me, myself, my child or children, my team, my participants and/or their families, invitees or guests by way of photograph, video, and/or other digital media (collectively “Footage”), without the condition of payment or other compensation, in any form, being made to any person or entity. I agree that all Footage shall become the sole and absolute property of MSC, with MSC enjoying the exclusive right, worldwide, to use, further license and/or authorize others to use all or any portion of the Footage. While MSC is not obligated to use any Footage taken or captured, I nevertheless hereby irrevocably authorize MSC to edit, alter, copy, exhibit, publish, or distribute the Footage for all legal purposes. In addition, I hereby irrevocably waive any right to inspect or approve the Footage, or any edited form thereof, a phone, video, image or likeness captured under this Agreement appears. I hereby waive, on behalf of me, myself, my team, my participants and/or their families, invitees or guests any right to any payments, royalties or other compensation, in any form, arising or related to the use of the Footage.
6. It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of my family and my participants’ family, if we are alive, and my heirs, assigns and personal representative and my participants’ heirs, assigns and personal representatives, if we are deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless agreement shall only be construed in accordance with the laws of the State of Kansas, with the sole venue for any dispute regarding this Agreement being the District Court of Jefferson County, Kansas.
7. IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have fully and completely read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least (18) years of age and fully competent; or if under the age of 18 that a consent parent and/or guardian has consented to this Agreement, and I execute this Release for full, adequate and complete consideration fully intending to be bound by the same.

If Participant is under the age of 18, the undersigned Parent/Guardian has fully and completely read the terms and conditions of this Agreement, accepts the terms of this Agreement, and consents to the minor's participation in the Activity.