Please read this document carefully. By signing it, you are giving up legal rights.
In consideration for using REPLAY SPORTS INDOOR PRACTICE FACILITY and the related activities conducted by a team or individual at REPLAY SPORTS INDOOR PRACTICE FACILITY, hereinafter referred to as “REPLAY SPORTS.”
Assumption of Risk: I agree that I and/or my child am voluntarily participating in the activities offered by REPLAY SPORTS including but not limited to the use of the batting cages, pitching lanes, turf area and the equipment used by a team in said areas. I am assuming on behalf of myself and/or child, all risk or personal injury, death, or disability to myself and/or child that may result from participation. I understand that REPLAY SPORTS has batting cages, pitching lanes and turf practice area and that using batting cages, pitching lanes and the turf practice area have inherent risks. Further I have explained these risks to my child.
Release of Liability: I understand that I and/or my child will be engaging in sporting activities while using the REPLAY SPORTS facilities and it is my voluntary and informed decision to release any future lawsuits or claims that they may have against the releases. Therefore I agree on behalf of myself and my child and our personal representatives, successors, heirs, and assigns to hold REPLAY SPORTS and its affiliates, instructors, officers, directors, agents, employees, designers, licensors, and members, as well as the property owner and tenants of the property and the owners, manufacturers and installers of the equipment compressing the REPLAY SPORTS facility (collectively, the “Releasees”) harmless from any and all claims or causes of action arising out of me and my child/ward’s participation at the facility.
I expressly release and forever discharge Releasees from any and all liability, claims, demands or causes of action whatsoever arising out of and damage, loss, personal injury, or death to me or my child/ward, while participating in any of the activities offered at REPLAY SPORTS. This includes, without limitation use of batting cages, turf area, pitching machines, and other activities in and around the facility. This release is valid and effective whether the damages, loss, or death is a result of any act or omission on the part of any Releasees or from any other cause. This Waiver and Release of liability includes, without limitation, injuries, or accident, which may occur as a result of the: (a) use or misuse of the facility in any way by anyone, (b) use of any equipment that malfunctions or breaks, (c) improper maintenance of the facility, ground, or any equipment, (d) instruction or supervision, or (e) slipping, tripping and/or falling while the in the facility or on the surrounding premises. This Release of Liability also expressly includes a release for any and all claims arising out of or under the Oklahoma premises liability law.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE ON BEHALF OF MYSELF AND OR MY CHILD/WARD TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST REPLAY SPORTS. SHOULD ANY CLAIM BE MADE, I UNDERSTAND AND AGREE THAT I WILL BE RESPONSIBLE FOR ALL ATTORNEY’S FEES AND DEFENSE COSTS INCURRED BY REPLAY SPORTS IN CONNECTION WITH OR IN THE DEFENSE OF THAT CLAIM. I FURTHER ACKNOWLEDGE AND AGREE THAT I HAVE READ THE RULES ASSOCIATED WITH USING THE FACILITY AND AGREE TO FULLY COMPLY WITH SAID RULES AND MY FAILURE TO DO SO WILL RESULT IN MY BEING DENIED USE OF THE FACILITY AT THE SOLE DISCRETION OF REPLAY SPORTS AND IT’S OFFICERS AND EMPLOYEES
This Release and parental/guardian Waiver is made in accordance with Oklahoma law. I have read the above and considered its effects, understand its content, and agree, on behalf of myself and my child/ward, to the terms as stated above. This agreement specifically contains an indemnity agreement whereby I agree to reimburse the Releasees against any damages (including attorney’s fees and costs) incurred as a result of any lawsuit, claim, or action brought by myself, my child/ward, or any other party, related in any way to me or my child’s/ward’s use of the facility. I further understand that no person has permission to use the Replay Sports facility without an effective validly signed Release and parental/Guardian Waiver of Liability.
I understand that I am voluntarily giving up me and or my child’s/ward’s right to bring a lawsuit or claim against the above-mentioned Releasees. I further understand and accept the above risks related to these activities.