Waiver

Madison Sports and Social Club Participation Waiver

Whereas I wish to join and participate in the Sports League (hereinafter referred to as “League”) organized by Madison Sports and Social Club, LLC (hereinafter referred to as “MSSC”) or its club members; these Events include official MSSC events and activities or events organized by any club member of MSSC, including events that are official, unofficial, formal, informal or pickup in nature.

 

And whereas I understand, appreciate, and acknowledge that there are inherent and significant elements of risk foreseen and unforeseen associated with participating in the League.  With full knowledge and acknowledgement of any potential risks, I hereby agree to the following provisions:

 

1. Release and Waiver. I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE MSSC, PARTICIPATING ORGANIZATIONS, APPLICABLE EMERGENCY AND SUPPORT PERSONNEL, AND ANY OF THE AFORESAID PARTIES’ REPRESENTATIVES, CLUB MEMBERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, INSURERS, INSURANCE BROKERS AND SUCCESSORS (COLLECTIVELY, THE “RELEASEES”) FROM ALL LIABILITY TO ME, MY PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY TO THE PERSON, VALUABLES, OR OTHER PROPERTY OR RESULTING IN MY DEATH ARISING OUT OF OR RELATED TO THE LEAGUE WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE BUT NOT INCLUDING GROSSLY NEGLIGENT OR  INTENTIONAL ACTS OF THE RELEASEES.

 

2. Indemnification. I HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES AND EACH OF THEM FROM ANY LOSS, LIABILITY, DAMAGE, OR COST I MAY INCUR ARISING OUT OF OR RELATED TO THE LEAGUE WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE BUT NOT INCLUDING GROSSLY NEGLIGENT OR INTENTIONAL ACTS OF THE RELEASEES.

 

3. Assumption of Risk. I HEREBY ACCEPT THE RISK AND ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO THE LEAGUE AND SERVICES WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE BUT NOT INCLUDING GROSSLY NEGLIGENT OR INTENTIONAL ACTS OF THE RELEASEES, AND FURTHERMORE ACKNOWLEDGE, PURSUANT TO THE RECREATIONAL ACTIVITIES STATUTE, WIS. STAT. § 895.525, THAT I HAVE A RESPONSIBILITY TO ACT WITHIN THE LIMITS OF MY ABILITY, TO HEED ALL WARNINGS REGARDING PARTICIPATION IN THE LEAGUE, TO MAINTAIN CONTROL OF MY PERSON AND ANY APPLICABLE EQUIPMENT OR DEVICES, AND TO REFRAIN FROM ACTING IN ANY MANNER THAT MAY CAUSE OR CONTRIBUTE TO DEATH OR INJURY FOR MYSELF OR TO OTHER PERSONS.

 

4. Opportunity to Bargain. I hereby acknowledge that prior to signing this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement, I had the opportunity to contact MSSC or a representative of MSSC to discuss and/or bargain regarding any of the terms set forth herein.

 

5. Applicable Law. I hereby agree that this Agreement shall be governed by the laws of the State of Wisconsin, regardless of my domicile.

 

6. Code of Conduct. I hereby acknowledge that prior to signing this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement, I have read the Code of Conduct (found on the first page of the Rulebook and General Information packet available on the MSSC website), and agree to all rules set forth in the Code. While any behavior that violates the Code or any other rules is considered to be the action of the offending individual, and not an action, nor representation of MSSC, any such behavior must be reported to the President of MSSC immediately in order for appropriate action to be taken against the offender(s).

 

7. Personal Information. MSSC does not recommend divulging personal information, including, but not limited to: phone numbers, street addresses, e-mail addresses, and instant messenger screen names to any club member that you do not know or trust. Releasees will not be held responsible for anything that may happen if you choose to divulge this information to another club member. The Club maintains a limited amount of personal information provided on your application for our records. This information is not and will never be sold to any person or entity for any reason, except in connect with the sale of all or substantially all the assets of MSSC. If you receive a call or e-mail from any person purporting to represent MSSC asking for personal information, do not provide the requested information and please report the call or e-mail immediately by e-mailing Patrick Fosdick at patrick@madisonssc.com.

 

8. I hereby grant permission to the Madison Sports and Social Club (MSSC), its assigns, licensees, and legal representatives, the irrevocable right to use my name, picture, portrait or photograph on its World Wide Web site, in electronic media (e.g., video, CD-ROM, etc.) or in other printed publications or other forms of promotion without further consideration, and I acknowledge MSSC’s right to crop or treat the photograph at its discretion, and waive my right to inspect or approve the finished product, including written copy, which may be created in connection therewith. I also acknowledge that MSSC may choose not to use my photo initially, but may do so at its own discretion at a later date. I also understand that once my image is posted on MSSC’s website, the image can be downloaded by any computer user. Therefore, I agree to indemnify and hold harmless from any claims the following: The Madison Sports and Social Club, the photographer, their offices, employees, agents and designees, including league officers, sponsors, and advertisers.

 

AS OF THE DATE I ANSWER "YES" TO THE STATEMENT "I AGREE TO THE TERMS AND CONDITIONS OF THE MADISON SPORTS AND SOCIAL CLUB PARTICIPANT WAIVER" DURING REGISTRATION, I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

 

SELECTING "YES" TO THE STATEMENT "I AGREE TO THE TERMS AND CONDITIONS OF THE MADISON SPORTS AND SOCIAL CLUB PARTICIPANT WAIVER" SHALL SERVE AS MY DIGITIAL SIGNATURE, AND MY DIGITAL SIGNATURE SHALL HAVE THE SAME FULL FORCE AND EFFECT AS MY HANDWRITTEN SIGNATURE.