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Upside SportsPlex Waiver & Release

TERMS & CONDITIONS

In consideration of being given access to the Upside SportsPlex facility and being able to participate in various recreational and athletic activities at the Upside SportsPlex facility, the undersigned, on his or her own behalf, and on behalf of the participant(s) identified below hereby acknowledges and agrees as follows:

 

  • The undersigned acknowledges that there are inherent risks associated with participation in recreational and athletic activities, programs and leagues, and on behalf of the undersigned participant(s) named below knowingly and fully assumes all risks, known and unknown, associated with participation in recreational and athletic activities, programs and leagues at Upside SportsPlex and waives all claims for damage to person or property arising from such participation. This release and waiver cover risks of death, serious injury, and property loss whether arising from (i) negligence or carelessness on the part of the persons or entities being released and other participants, or (ii) dangerous or defective equipment.
  • The undersigned certifies that he or she is physically fit and may participate in the activities available at the Upside SportsPlex and has not been advised otherwise by a qualified medical person.
  • The undersigned on his or her behalf and on behalf of any executors, heirs, successors and assigns hereby release, discharges and hold harmless the Upside SportsPlex and its officers, agents, employees, representatives, and all affiliates, from any and all claims, damages or liability arising from death, disability, personal injury, property damage or theft, or actions of any kind.
  • The undersigned agrees to comply with the rules and conditions of participation expressed or posted at the Upside SportsPlex. If the undersigned observes any significant hazard during such participation, the undersigned will promptly inform an employee of Upside SportsPlex and
  • The undersigned acknowledges that this release and waiver of liability will be used and relied upon by the Upside SportsPlex and that it will govern the undersigned’s actions and rights.

 

Parent/Guardian Acknowledgement

The undersigned parent and/or guardian does hereby represent that he or she is, in fact, acting in such capacity and agrees to release, discharge, hold harmless, and indemnify the Upside SportsPlex and its officers, agents, employees, representatives, and all affiliates of any and all liability, loss, costs, claims, or damages whatsoever which may be imposed upon said activities because of any defect in or lack of such capacity to so act, and release said parties on behalf of the minor and the parents or legal guardian.

 

COVID 19 WAIVER

The undersigned, on his or her own behalf, and on behalf of the participant(s) identified below understands the United States of America and the State of Texas is currently experiencing a pandemic caused by an infectious disease known as “Covid-19”. In consideration of being given access to the Upside SportsPlex facility and being able to participate in various recreational and athletic activities at the Upside SportsPlex facility, the undersigned, on his or her own behalf, and on behalf of the participant(s) identified below hereby acknowledges and agrees as follows:

  • The undersigned acknowledges that there are inherent risks associated with participation in recreational and athletic activities, programs and leagues, gym and exercise facilities during the Covid-19 pandemic, and on behalf of the undersigned participant(s) named below knowingly and fully assumes all risks, known and unknown, associated with participation in recreational and athletic activities, programs and leagues at Upside SportsPlex and waives all claims for damage to person or property arising from such participation. This release and waiver cover risks of death, serious injury, and property loss whether arising from (i) negligence or carelessness on the part of the persons or entities being released and other participants, or (ii) dangerous or defective equipment.
  • The undersigned certifies that he or she has reviewed the attached “Checklist for Gym/Exercise Facility Patrons” prepared by the Texas Department of State Health Services and understands the protocols therein;
  • The undersigned on his or her behalf and on behalf of any executors, heirs, successors and assigns agrees to follow all health protocols listed in the attached “Checklist for Gym/Exercise Facility Patrons”;
  • The undersigned understands that Upside SportsPlex reserves the right to refuse admittance to the gym to any patron who does not follow the guidelines set forth herein or in the attached “Checklist For Gym/Exercise Facility Patrons”;
  • The undersigned shall immediately notify Upside SportsPlex if any participant has tested positive for Covid-19, the date of the positive test and the last date the participant attended the Upside SportsPlex gym;
  • The undersigned acknowledges that this release and waiver of liability will be used and relied upon by the Upside SportsPlex and that it will govern the undersigned’s actions and rights.

 

 

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