In exchange for participation in the activity of Cricket organized by Milwaukee Cricket Foundation, Inc. and/or use of the property, facilities and services of Milwaukee Cricket Foundation, I, the UNDERSIGNED agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, including COVID-19 guidelines, and further agree to follow any oral instructions or directions given by Milwaukee Cricket Foundation, or the employees, representatives or agents of Milwaukee Cricket Foundation.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity regarding COVID-19, acknowledge the contagious nature of COVID-19 and understand that CDC and public health authorities recommend the practice of social distancing, and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Milwaukee Cricket Foundation for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Milwaukee Cricket Foundation, whether caused by the fault of myself, my family, Milwaukee Cricket Foundation or other third parties.
I acknowledge that Milwaukee Cricket Foundation has followed all local and state requirements regarding the coronavirus pandemic to reduce the spread of COVID-19. I acknowledge that Milwaukee Cricket Foundation cannot guarantee that I will not become infected with COVID-19.
3. INDEMNIFICATION. I agree to indemnify and defend Milwaukee Cricket Foundation against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Milwaukee Cricket Foundation.
4. FEES. I agree to pay for all damages to the facilities of Milwaukee Cricket Foundation caused by any negligent, reckless, or willful actions by me or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Wisconsin law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Milwaukee Cricket Foundation has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
For participants under 18: This is to certify that I, as parent/Guardian with Legal Responsibility for this participant, do consent and agree to his/her release as provided above of all the releasees, and, for myself, my child and our heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the releasees from any and all liabilities incident to my minor child’s involvement or participation in these programs and/or events as provided above, even if arising from the negligence of the releasees, to the fullest extent permitted by law.
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