Before participating in a bubble ball game and using equipment and/or facilities supplied or provided by Doggone Ballz LLC, all participants and renters acknowledge that they have the athletic ability to participate in the sport and that they have no pre-existing health condition that could result in injury or illness. All participants and renters must read this information and sign the disclaimer herein:
1 The Participant/Renter understands that by participating in the sport or any game using the equipment, they may suffer injury, harm, or loss, and they do so at their own risk. Inherent risks include: combat with others, striking against structures, cervical/spinal injury, risk of asphyxia, heat-related injuries, quadriplegia, and death.
2 To the fullest extent permitted by law, the Participant/Renter acknowledges and agrees that Doggone Ballz LLC shall not be liable for any injury, loss, damage, action, claim, costs, or expenses that may arise now or in the future as a result of participation in the game, including but not limited to the use of the equipment and facilities. This waiver of liability extends to all claims, whether known or unknown, arising from the use of the equipment and facilities.
3 The Participant/Renter acknowledges that they have inspected the equipment and facilities, that the equipment and facilities are in good condition, and that they have received instruction regarding the proper use of the equipment. The Participant/Renter represents and warrants to follow the instructions and proper use of the equipment. The Participant/Renter assumes all risk of injury, further acknowledging that failure to use the equipment properly may result in malfunctioning equipment. Doggone Ballz LLC MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4 The Renter/Participant shall indemnify, defend, and hold harmless Doggone Ballz LLC from and against any claim, demand, cause of action, loss, or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s/Participant’s use of equipment or the facilities by any cause, except to the extent
caused by Doggone Ballz LLC’s gross negligence or willful misconduct. The provisions of this article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination.
5 In no event shall Doggone Ballz LLC be liable for any indirect, special, or consequential loss or damages arising from Renter/Participant’s use of equipment and/or facilities, including but not limited to injuries and illness.
6 The Participant acknowledges that they weigh less than 230 lbs, are taller than 3’ and shorter than 6’7â€.
7 Acknowledge receipt of Game Rules and Usage.
8 The Participant/Renter warrants that the equipment will not be abused or used for an improper purpose and will only be used to participate in the game. The Renter shall alert Doggone Ballz LLC to any damage to the Equipment. The Renter shall be responsible for any loss or damage to the Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment
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10 By signing this disclaimer, the undersigned attests that he/she is at least 18 years of age and that he/she has read this document and understands its terms and legal ramifications. Persons under 18 must have their parent/legal guardian sign on their behalf, have adult supervision while renting, and this disclaimer applies to its full extent to both the parent/legal guardian and the person on whose behalf the signature is made.
