WINTRUST SPORTS COMPLEX
** WAIVER AND RELEASE OF LIABILITY **
THIS RELEASE IS A RELEASE OF LIABILITY WAIVER AND PROVIDES FOR INDEMNIFICATION OF THE PROTECTED PARTIES NAMED HEREIN.
WINTRUST SPORTS COMPLEX (HEREAFTER REFERRED TO AS “WINTRUST SPORTS COMPLEX” AND INCLUDES EACH AND EVERY AREA OF WINTRUST SPORTS COMPLEX, INCLUDING BUT NOT LIMITED TO, ALL FACILITIES, COURTS, EQUIPMENT, ASSOCIATED SIDEWALKS, AND PARKING LOTS) IS A MULTI-PURPOSE SPORTS AND RECREATION CENTER AT WHICH PARTICIPANTS ENGAGE IN SPORTS AND ACTIVITIES (COLLECTIVELY, THE “ACTIVITIES”). THE REQUIRED PHYSICAL EXERTION FOR THE ACTIVITIES RANGES FROM MILD TO VERY STRENUOUS, DEPENDING UPON THE ACTIVITY AND THE MOTIVATION OF THE PARTICIPANT; THE REQUIRED SKILL LEVEL RANGES FROM BEGINNER TO HIGHLY SKILLED, DEPENDING UPON THE ACTIVITY; AND THE COMPETITIVENESS OF THE ACTIVITY RANGES FROM MODERATE TO HIGHLY COMPETITIVE. THEREFORE, EACH INDIVIDUAL PARTICIPANT IS ABLE TO SELECT ACTIVITIES THAT FIT HIS/HER NEEDS, ABILITIES, AND INTERESTS.
PARTICIPANT UNDERSTANDS THAT THERE ARE RISKS INHERENT IN ALL PHYSICAL ACTIVITY AND IN PARTICIPATION IN THE ACTIVITIES AT WINTRUST SPORTS COMPLEX INCLUDING, BUT NOT PERMANENT DISABILITY, BRAIN INJURY, PARALYSIS AND DEATH.
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WAIVER AND RELEASE – I UNDERSTAND THAT PARTICIPATING IN THE ACTIVITIES AT WINTRUST SPORTS COMPLEX IS A POTENTIALLY HAZARDOUS ACTIVITY AND THAT I SHOULD NOT PARTICIPATE IN THE ACTIVITIES UNLESS I AM MEDICALLY ABLE. I HEREBY CERTIFY THAT I AM IN GOOD HEALTH AND THAT I AM PHYSICALLY ABLE TO PARTICIPATE IN THE ACTIVITIES.
HAVING READ THIS WAIVER, KNOWING THE FACTS STATED HEREIN, AND IN CONSIDERATION OF BEING GIVEN PERMISSION TO PARTICIPATE IN THE ACTIVITIES AND TO USE THE PROPERTY, FACILITIES, EQUIPMENT, AND SERVICES OF WINTRUST SPORTS COMPLEX, TODAY AND ON ALL FUTURE DATES, I, THE PARTICIPANT, ON BEHALF OF MYSELF, MY SPOUSE, HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL OR LEGAL REPRESENTATIVES, ASSIGNS AND/OR ANYONE ENTITLED TO ACT ON MY BEHALF (HEREAFTER REFERRED TO AS THE “RELEASING PARTIES”) DO HEREBY WAIVE, RELEASE, DISCHARGE AND COVENANT NOT TO SUE SPORTS FACILITIES MANAGEMENT, LLC, MCS SFM, LLC, THE VILLAGE OF BEDFORD PARK, AND ALL OWNERS, DIRECTORS, OFFICERS, OFFICIALS, MANAGERS, EMPLOYEES, VOLUNTEERS, INDEPENDENT CONTRACTORS, AGENTS, AND EQUIPMENT SUPPLIERS (HEREAFTER REFERRED TO AS THE “PROTECTED PARTIES”) FROM LIABILITY FROM ANY AND ALL CLAIMS, LIABILITIES, DEMANDS, AND ACTIONS OF EVERY NAME, KIND, AND NATURE ARISING OUT OF MY PARTICIPATION IN THE ACTIVITIES AT WINTRUST SPORTS COMPLEX, EVEN THOUGH THE LIABILITY MAY ARISE OUT OF NEGLIGENCE OR CARELESSNESS ON THE PROTECTED PARTIES.
THIS AGREEMENT INCLUDES, BUT IS NOT LIMITED TO, 1) PERSONAL INJURY (INCLUDING DEATH) FROM INCIDENTS OR ILLNESSES ARISING FROM MY PARTICIPATION IN WINTRUST SPORTS COMPLEX ACTIVITIES INCLUDING, BUT NOT LIMITED TO: ANY RECREATIONAL, PRACTICE, OR COMPETITIVE ACTIVITY; EVENTS; ORGANIZED OR INDIVIDUAL TRAINING AND CONDITIONING ACTIVITIES; INDIVIDUAL OR GROUP INSTRUCTION; AND INDIVIDUAL USE OF ALL WINTRUST SPORTS COMPLEX FACILITIES, AND 2) ANY AND ALL CLAIMS RESULTING FROM THE DAMAGE TO, LOSS OF, OR THEFT OF MY PROPERTY. I FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD THE PROTECTED PARTIES HARMLESS FROM EACH AND EVERY CLAIM AND LIABILITY THAT I MAY ALLEGE AGAINST THE PROTECTED PARTIES, INCLUDING ATTORNEY’S FEES AND COSTS, AS A DIRECT AND/OR INDIRECT RESULT OF INJURY AND/OR DEATH TO ME BECAUSE OF MY PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE PROTECTED PARTIES OR OTHERWISE.
THIS RELEASE INCLUDES ALL INJURIES AND/OR DAMAGES SUFFERED BY ME BEFORE, DURING OR AFTER PARTICIPATION IN THE ACTIVITIES. I RECOGNIZE, INTEND AND UNDERSTAND THAT THIS RELEASE IS BINDING ON MY HEIRS, EXECUTORS, ADMINISTRATORS, OR ASSIGNEES.
THIS AGREEMENT APPLIES TO 1) PERSONAL INJURY (INCLUDING DEATH) FROM INCIDENTS OR ILLNESSES ARISING FROM PARTICIPATION IN WINTRUST SPORTS COMPLEX ACTIVITIES INCLUDING, BUT NOT LIMITED TO: RECREATIONAL, PRACTICE, OR COMPETITIVE ACTIVITY; EVENTS; ORGANIZED OR INDIVIDUAL TRAINING AND CONDITIONING ACTIVITIES; INDIVIDUAL OR GROUP INSTRUCTION; AS AN OBSERVER OR SPECTATOR; AND INDIVIDUAL USE OF ALL FACILITIES. THIS APPLIES TO ALL FACILITIES, COURTS, EQUIPMENT, AND ALL OTHER PREMISES INCLUDING THE ASSOCIATED SIDEWALKS AND PARKING LOTS AND TO 2) ANY AND ALL CLAIMS RESULTING FROM THE DAMAGE TO, LOSS OF, OR THEFT OF PROPERTY.
MEDICAL TREATMENT AUTHORIZATION: I HEREBY AUTHORIZE AND GRANT PERMISSION TO WINTRUST SPORTS COMPLEX STAFF TO SECURE EMERGENCY MEDICAL TREATMENT FOR MYSELF OR, IF MY MINOR CHILD OR WARD IS THE VISITOR, FOR THE MINOR. I HAVE INSURANCE SUFFICIENT TO COVER MEDICAL COSTS THAT MAY BE INCURRED AND/OR IN ANY EVENT I AGREE TO BE RESPONSIBLE FOR SUCH COSTS. I REPRESENT THAT NEITHER I NOR THE MINOR VISITOR (IF APPLICABLE) HAVE ANY MENTAL OR PHYSICAL CONDITION THAT MIGHT CREATE RISKS TO OURSELVES OR TO OTHERS. I UNDERSTAND THAT WINTRUST SPORTS COMPLEX RESERVES THE RIGHT TO DENY OR TERMINATE A VISITOR’S PARTICIPATION IN ITS ACTIVITIES, IN ITS SOLE DISCRETION.
PHOTO RELEASE: BY ENTERING WINTRUST SPORTS COMPLEX AND PARTICIPATING IN THE ACTIVITIES, I HEREBY GRANT WINTRUST SPORTS COMPLEX ON BEHALF OF MYSELF, MY SPOUSE, AND ON BEHALF OF MY CHILD(REN) THE IRREVOCABLE RIGHT AND PERMISSION TO PHOTOGRAPH AND/OR RECORD ME, MY SPOUSE OR MY CHILD(REN) IN CONNECTION WITH WINTRUST SPORTS COMPLEX AND TO USE THE PHOTOGRAPH AND/OR RECORDING FOR ALL PURPOSES, INCLUDING ADVERTISING AND PROMOTIONAL PURPOSES. I WAIVE ANY RIGHT TO INSPECT OR APPROVE THE USE OF THE PHOTOGRAPH AND/OR RECORDING AND ACKNOWLEDGE AND AGREE THAT THE RIGHTS GRANTED TO THIS RELEASE OR WITHOUT COMPENSATION OF ANY KIND.
GOVERNING LAW; SEVERABILITY; CONTINUING VALIDITY: I, ALONG WITH THE RELEASED PARTIES, AGREE THAT IN ANY DISPUTE, THE LAWS OF THE STATE OF ILLINOIS SHALL GOVERN THIS AGREEMENT AND THAT ANY ACTION OR CLAIM RELATING IN ANY WAY TO THIS AGREEMENT, WINTRUST SPORTS COMPLEX, THE ACTIVITIES, OR ANY OTHER DISPUTE BETWEEN A RELEASED PARTY AND A VISITOR OR PARENT SHALL BE BROUGHT SOLELY IN A COURT OF COMPETENT JURISDICTION IN THE COUNTY IN WHICH THE APPLICABLE FACILITY IS LOCATED. THE PREVAILING PARTY IN ANY SUCH ACTION OR CLAIM SHALL BE ENTITLED TO RECOVER ITS RELATED COSTS INCLUDING ATTORNEYS’ FEES. I, ALONG WITH THE RELEASED PARTIES, AGREE TO WAIVE MY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING RELATED IN ANY WAY TO THIS AGREEMENT, WINTRUST SPORTS COMPLEX, OR THE ACTIVITIES. THIS AGREEMENT SHALL BE BINDING, TO THE FULLEST EXTENT ALLOWED BY LAW, ON ALL PERSONS SIGNING BELOW, THE MINOR CHILD, IF ANY, AND THEIR RESPECTIVE SUCCESSORS, HEIRS, EXECUTORS, ADMINISTRATORS AND FAMILY MEMBERS. IT MAY NOT BE ALTERED. IF ANY PART OF THIS DOCUMENT IS DEEMED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE THE REMAINDER SHALL NEVERTHELESS REMAIN IN FULL FORCE AND EFFECT. I UNDERSTAND THAT EACH TIME I, OR THE MINOR VISITOR, VISITS WINTRUST SPORTS COMPLEX, THEN I, OR THE MINOR VISITOR, SHALL BE AND REMAIN BOUND BY THE TERMS AND CONDITIONS HEREIN; PROVIDED, HOWEVER, THAT WINTRUST SPORTS COMPLEX MAY REQUIRE A MODIFICATION OR REPLACEMENT AGREEMENT IN THE FUTURE AS A CONDITION TO FURTHER VISITS TO WINTRUST SPORTS COMPLEX.
ACKNOWLEDGEMENT OF UNDERSTANDING: I, THE PARTICIPANT, HAVE READ AND UNDERSTAND THIS AGREEMENT. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT OF BOTH THE PARTICIPANT AND THE PARENT OR GUARDIAN TO SUE FOR DAMAGES IN THE EVENT OF DEATH, INJURY OR LOSS. I, THE PARTICIPANT/PARENT, ACKNOWLEDGE THAT I AM VOLUNTARILY SIGNING THIS AGREEMENT, AND INTEND MY SIGNATURE TO BE A COMPLETE RELEASE OF ALL LIABILITY, INCLUDING THAT DUE TO INHERENT RISKS OR THE ORDINARY NEGLIGENCE BY THE PROTECTED PARTIES, TO THE GREATEST EXTENT ALLOWED BY LAW OF THE STATE OF ILLINOIS.
IF PARTICIPANT IS A MINOR, PARENT/ GUARDIAN AGREES TO THE FOLLOWING: I, THE PARENT/GUARDIAN, ASSERT THAT I HAVE EXPLAINED THE RISKS OF THE ACTIVITY TO MY MINOR SON OR DAUGHTER AND THAT HE OR SHE UNDERSTANDS THIS AGREEMENT AND AGREE TO IT ON THE MINOR’S BEHALF.