COACH MAC MEMORIAL SPORTS COMPLEX, LLC; MAC VAULT ACADEMY

RELEASE OF LIABILITY, WAIVER OF CLAIMS, EQUIPMENT RENTAL, AND ARBITRATION AGREEMENT

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PLEASE READ CAREFULLY

 

Pole vaulting involves risk of serious injury, including death, caused by hazards inherent in the sport.  Participation in the sport of pole vaulting, no matter what type equipment you are using or the event or program that you have chosen to participate in, is a voluntary act on the part of the participant and where applicable the participant’s parents or guardians.

 

PARENT(S)/GUARDIAN(S): Only allow your child to participate in the sport of pole vaulting if he/she:

                Appreciates the risks involved in the sport;

                Knows his/her own capabilities and limitations regarding the sport of pole vaulting;

                Is capable of exercising common sense.

The use of helmets is recommended.  If you and/or your child decide not to use a helmet, you do so at your own risk. 

 

Release and Waiver of Claims: In consideration for being allowed to participate in the sport of pole vaulting at Mac Vault Academy classes or events, or to rent pole vaulting poles from Mac Vault Academy, the Participant, and the Participant’s parent or legal guardian if the Participant is a minor, do hereby agree, to the fullest extent permitted by law as follows:

TO WAIVE ALL CLAIMS that they have or may have against Bradford McFarling, Mac Vault Academy, any coaches, or volunteers, arising out of the inherent risks of the activity of pole vaulting.

TO ASSUME ALL RISKS INHERENT IN THE SPORT OF POLE VAULTING; and TO RELEASE BRADFORD MCFARLING, Mac Vault Academy, the facility, its owners, affiliates, officers, directors, employees, agents, members, coaches, volunteers, and all distributors of equipment from all liability from any loss, damage, injury, or expense that the Participant or his next of kin may suffer, arising out of the inherent risks of participation in the sport of pole vaulting.

 

Equipment rental and Release from Liability and Waiver of Claims: I accept for use the equipment rented to me by Mac Vault Academy (the “equipment”) and accept full responsibility for its care while it is in my possession.  I will not allow anyone not a party to this agreement to use the Equipment, and will indemnify BRADFORD MCFARLING and MAC VAULT ACADEMY, against any claims that arise from any equipment use by a non-party to this agreement.  I will be responsible for the replacement, at full retail value, of any Equipment which is not returned, and I will be responsible for the costs of repairing or replacing any damaged Equipment, other than damage caused by normal wear and tear.

POLE VAULT POLES: I understand that the pole vault poles are designed to be used only by persons who weigh less than the rating of the pole.  Use by person whose weight exceeds the limit of the pole can cause the pole to break, resulting in juries to the pole vaulter.  If I choose to use a pole with a rating less than my weight, I accept the risk of injury.  I understand that even poles with ratings in excess of the weight of the pole vaulter may break, resulting in injuries to the pole vaulter.  This is a risk inherent in the sport of pole vaulting and I accept this risk.

INSPECTION OF POLES: I agree that it is my responsibility to examine any pole that I use for damage (e.g., cracks or chipping) or unsafe condition before renting or using such pole.  I understand that BRADFORD MCFARLING and MAC VAULT ACADEMY cannot inspect and monitor the condition of poles once they are in my possession.  Further, I agree that once I have inspected the pole, found it satisfactory, and taken possession of it, BRADFORD MCFARLING and MAC VAULT ACADEMY bear no responsibility for its condition or any resulting injuries or harm if the pole is subsequently used when it is damaged or unsafe.

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I hereby agree to the fullest extent permitted by law, as follows:

TO WAIVE ALL CLAIMS that I have or may have against BRADFORD MCFARLING and MAC VAULT ACADEMY, and all distributors of the equipment caused by the use of the Equipment and/or the inherent risks of the sport of pole vaulting;

TO ASSUME ALL RISKS INHERENT IN POLE VAULTING;

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TO RELEASE BRADFORD MCFARLING and MAC VAULT ACADEMY and all distributors of the Equipment from all liability for any loss, damage, injury or expense I (or my next of kin) may suffer, caused by the use of the Equipment and/or the inherent risks of the sport of pole vaulting;

TO INDEMNIFY and hold harmless BRADFORD MCFARLING and MAC VAULT ACADEMY, all distributors of the Equipment for any loss or damage including any that results from claims or lawsuits for personal injury, death, or property loss and damage ar4ising from any use of the Equipment

I FURTHER AGREE to submit all claims against BRADFORD MCFARLING and MAC VAULT ACADEMY and all distributors of the rental Equipment used by me to arbitration.

 

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.