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ATTENTION: THIS IS A LEGAL DOCUMENT. PLEASE READ IT COMPLETELY AND CAREFULLY. BY SIGNING, YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE.
Welcome to Match Point Social, LLC & Boomtown Athletics, LLC! We're thrilled for you and your family to join our programs. To ensure a safe and enjoyable experience for everyone and to clarify responsibilities, please review and accept this critical waiver before you, your child, or anyone you're responsible for participates in any MPS & BT activity.
You understand that participating in sports, athletic activities, and related events—whether at our facility or at external locations (like a public park)—involves inherent and unavoidable risks of serious injury, property damage, illness, permanent disability, or even death. These risks include, but are not limited to: those arising from the nature of the activities themselves; the condition of the premises, facilities, or equipment; the acts or omissions of other participants, spectators, or third parties; and even the negligence of Match Point Social, LLC (MPS) & Boomtown Athletics, LLC (BT) or its staff. This explicitly includes the risk of contracting infectious diseases, such as COVID-19, or other communicable illnesses, and the risk of injury from falls, collisions, equipment malfunction, or improper supervision.
By signing this document, you expressly and voluntarily assume all risks, known and unknown, associated with your or your minor child's/ward's participation in or presence at any MPS & BT activity or event. You accept full responsibility for any injury, illness, damage, or loss that may occur.
In consideration for permission to participate in or attend MPS & BT activities, you, on behalf of yourself, your minor child(ren)/ward(s), your personal representatives, heirs, assigns, and next of kin, irrevocably and unconditionally release, waive, discharge, and covenant not to sue Match Point Social, LLC & Boomtown Athletics, LLC, its owners, members, employees, coaches, trainers, agents, volunteers, affiliates, subsidiaries, corporate sponsors, equipment suppliers, and all other individuals or entities associated with MPS & BT (collectively, the "Released Parties") from any and all claims, demands, liabilities, causes of action, damages, losses, or expenses (including attorney's fees) that arise from or are in any way connected to your or your minor child's/ward's participation in or presence at any MPS & BT activity or event. This comprehensive release specifically includes claims based on the ordinary negligence of the Released Parties, whether active or passive, to the fullest extent permitted by Colorado law.
Furthermore, you agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, demands, liabilities, and expenses (including reasonable attorney's fees) brought by you, your minor child(ren)/ward(s), or any third party, arising out of or relating to your or your minor child's/ward's participation in or presence at any MPS & BT activity or event, including those arising from your or their own negligence or willful misconduct.
You affirm that you (and any minor child/ward you are signing for) are in excellent physical condition, free from any medical conditions, injuries, or impairments that would prevent safe participation in MPS & BT activities. You acknowledge that Match Point Social, LLC & Boomtown Athletics, LLC has made no representations or determinations regarding your or your child's fitness to participate. You agree to consult with a qualified medical professional regarding any concerns about participation and to immediately cease participation if you or your child feel unwell, become injured, or believe continued participation would be unsafe. You further agree not to exceed your or your child's physical abilities during any MPS & BT activity.
You agree to strictly comply with all published and communicated rules, regulations, guidelines, and instructions of MPS & BT, whether verbal, written, or posted, including but not limited to all facility rules (e.g., prohibition of food, gum, non-water drinks on courts; rules concerning weapons, drugs, alcohol, and any other items or conduct specified on the BT website at www.boomtownathletics.com under "Facility Rules"). You understand that failure to adhere to these rules may result in immediate expulsion from the facility or event without refund and may lead to legal action for any resulting damages.
You assume full responsibility for any and all damage caused to MPS & BT’s facility, equipment, or property by you, your minor child(ren)/ward(s), or any guests/invitees you bring. This includes, without limitation, damage to courts, walls, restrooms, offices, spectator areas, bleachers, and any specialized cleaning required (e.g., gum removal). You agree to reimburse MPS & BT for the full replacement cost of any such damage.
You irrevocably grant Match Point Social, LLC & Boomtown Athletics, LLC and its designees the perpetual, worldwide, royalty-free right and license to use, publish, display, reproduce, modify, and distribute any photographs, video recordings, audio recordings, or other likenesses of you or your minor child(ren)/ward(s) captured during any MPS & BT activity or event. This includes the right to use your and their name, image, and voice for any legitimate purpose, including but not limited to promotional, advertising, marketing, and commercial activities of MPS & BT, without further compensation or notification. You understand that MPS & BT retains all rights to commercial use and profit from such media.
If you are signing this waiver as an adult on behalf of an informal group, team, or any other participants, you affirm that you have the full legal authority to bind them to these terms, and you agree to fully communicate this entire waiver and all MPS & BT rules to them. You acknowledge and agree that any and all disputes, claims, or controversies arising out of or relating to this waiver or participation with MPS & BT shall first be submitted to non-binding mediation in Denver, Colorado. If mediation is unsuccessful, such disputes shall then be settled exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You expressly waive any right to a jury trial for any claim arising under this agreement. Furthermore, you agree that any legal action or proceeding related to this waiver shall be brought exclusively in the state or federal courts located in Colorado.
This waiver and release shall become effective upon your signature and shall remain in full force and effect for one (1) year from the date of your signature. It shall automatically renew for successive one-year periods thereafter, unless you provide written notice to Match Point Social, LLC & Boomtown Athletics, LLC of your intent to terminate this agreement at least thirty (30) days prior to the end of the current term.
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles. You expressly agree that if any portion of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall nevertheless continue in full force and effect to the greatest extent permitted by law, and the invalid or unenforceable provision shall be modified to achieve the original intent as closely as possible.
BY ELECTRONICALLY SIGNING BELOW, YOU AFFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR THE LEGAL PARENT/GUARDIAN OF ANY MINOR PARTICIPANT(S) LISTED. YOU HAVE READ THIS ENTIRE WAIVER, UNDERSTAND ALL OF ITS TERMS, AND VOLUNTARILY AGREE TO BE BOUND BY ITS PROVISIONS. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS FOR YOURSELF AND ON BEHALF OF YOUR MINOR CHILD(REN)/WARD(S) BY ACCEPTING THIS DOCUMENT.