Boomtown Liability Waiver
SPORTING EVENT WAIVER OF LIABILITY, RELEASE & AGREEMENT PARTICIPANTS and SPECTATORS: READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
In consideration of granting the athlete or spectator permission to enter the premises of BOOMTOWN, LLC (hereinafter “BT”), the undersigned hereby waives, releases and discharges any and all claims for damages for personal injury, death or property damage, which may result not only from the athlete’s or spectator’s actions, inactions or negligence, but also from the actions, inactions or negligence of others and/or the condition of the property, facilities or equipment, INCLUDING THE RISK OF CONTRACTING COVID-19. In agreeing to this Waiver, Release & Agreement, I understand the intent thereof, and I hereby agree to release from responsibility and waive all claims against BT, its employees, members, trainers, affiliates, subsidiaries, heirs, assigns, insurers and agents, corporate sponsors, cooperating organizations, spectators, equipment suppliers, volunteers and any other parties (hereinafter the “Release Parties”) connected with this event in any way, or person, singly or collectively, for any blame or liability, demand, injury, harm, loss of property, or damage I might sustain as a result of participating in or attending activities at BT. It is understood that events at this facility involve an element of risk and danger of accidents and I fully accept and assume all risks and all responsibility for losses, costs and damages I incur as a result of my participation in this event. I certify that I am 18 years of age or older, have read this waiver, fully understand that I have given up substantial rights by signing this waiver and have signed this waiver freely of my own will and accord. I confirm the information provided to be correct. I confirm that I will adhere to the rules, regulations and guidelines set forth by BT. It is further agreed that this waiver, release and assumption of risk is to be binding on the athlete or spectator and any heirs and assigns. A parent or guardian will certify this document for all their children, minors, and/or wards
MEDIA/PHOTO WAIVER: I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during BT events by it's affiliated entities, contractors, employees, or volunteers become the sole property of BT. I grant the right, permission and authority, without compensation, to BT and its designees to use my name and any such photographs, motion pictures, recordings, and/or likenesses for any legitimate purpose, including but not limited to promoting, advertising, and marketing activities. I further understand that BT and its designees have the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses.
REPRESENTATION AND WARRANTIES: I represent and warrant I am in good physical condition and able to safely participate in any BT Activity in which I participate. I willingly agree to comply with the stated and customary terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately. I will not exceed my physical abilities during any BT activity. I acknowledge that BT has made no recommendations or determinations as to my fitness or ability to participate in any BT activity. I represent and warrant that I shall periodically and as needed consult with my physician, and shall not engage in any activity which is more rigorous than that recommended by such physician. I further agree that I will not use any equipment unless and until I have thoroughly familiarized myself with the correct use and operation thereof. I further agree that I shall not participate in any activity if I am ill, in poor health, or have any condition which might make my participation in the activity dangerous to me or if I have reason to believe I am injured or may become injured. I represent and warrant to BT that I have full legal authority to complete this registration process and agree to this Agreement. As my team's captain or representative, I take responsibility and liability for my teammates and other participants any events. As such, I will share this waiver and sign on their behalf.
CONDUCT. I shall maintain proper decorum, comply with all local, state and federal laws, rules, ordinances, codes, fire codes, statutes, regulations and governmental orders governing the Facility and its use, not suffer or permit the continuation of any use or manner of use of the Facility in violation of this Agreement, not create any nuisance, and not take any action which either diminishes hazard insurance coverage for the Facility, or increases the premium payable for such insurance. I agree no food, gum, and non-water drinks are allowed on the courts.
I am responsible for any damage to the facility that I cause and those I am signing for (invitees, guests, or vendors), including but not limited to intentional damage to basketball equipment, floors, walls, bathrooms, office area, spectator area, mezzanine area, bleachers, and if cleaning gum is necessary. Any violation of this provision will result in reasonable damages due to Boomtown based on each violation’s impact to the Facility.
SEVERABILITY. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Colorado, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
ACKNOWLEDGEMENT OF UNDERSTANDING: I have read this Waiver of Liability, Assumption of Risk, Release and Agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I further acknowledge that I am freely and voluntarily agreeing to the agreement and participating in the BT event, and intend my acceptance to be a complete and unconditional release of all liability of BT (and other Released Parties) or the inherent risks in connection with my participation in or attendance of any BT activity including due to negligence, to the greatest extent allowed by law in the State in which the BT Event is held. If I have minor children in my custody at the BHV facility, I am agreeing to this Waiver of Liability on their behalf. This agreement will last 1 year and auto-renew unless I specify otherwise.
