Royal Arena Sports, LLC – Liability Waiver, Release, and Indemnity
This Liability Waiver, Release, and Indemnity Agreement (this “Agreement”) is executed by the undersigned participant and, if applicable, the undersigned’s parent or legal guardian (collectively, “I” and “me”), in favor of Royal Arena Sports, LLC, a Tennessee limited liability company (the “Company”).
1. Definitions. “Activities” means any and all use of, presence at, or participation in any activity at or relating to the Facility, whether as a participant, renter, invitee, spectator, or otherwise, including without limitation playing or practicing sports on any court, use of netted or divided courts, training, camps, clinics, open play, warm-ups, use of equipment or furnishings, attendance at or hosting of events in event rooms, birthday parties, graduations, and other gatherings, and the purchase, handling, or consumption of food or beverages from the coffee shop. “Facility” means the property located at 832 S. Willett St., Memphis, TN 38104 which includes the indoor sports arena and all related areas, including courts, netting and dividers, event rooms, party areas, common areas, seating areas, hallways, restrooms, parking areas, and the coffee shop area. “Royal Arena Parties” means the Company, its members, managers, officers, directors, employees, agents, representatives, volunteers, contractors, interns, affiliates, successors and assigns, and the owners and operators of the Facility.
2. Acknowledgment & Assumption of Risks. There are certain inherent risks associated with participating in sports, athletic training, and other recreational activities that cannot be eliminated. These risks include, but are not limited to, minor injuries such as scratches, cuts, bruises, strains, sprains, and muscle soreness, and major injuries such as injuries to the eyes, broken bones, joint injuries, back injuries, concussions, head or neck injuries, cardiac events, paralysis, and death. Also included are risks that might result from using training or sports equipment, actual use of a court or Facility, the acts or omissions of other participants or spectators, or the unavailability of emergency staff or emergency medical care. For the coffee shop and common areas, risks also include burns from hot beverages, allergic reactions, choking, illness, and food-related sensitivities. Having read this paragraph and understanding these risks, I affirm that my participation in and/or observation of the Activities and, if applicable, my minor child's participation in and/or observation of the Activities is voluntary and that I agree on behalf of myself and, if applicable, my minor child to the terms of this Agreement. Further, I, on behalf of myself and, if applicable, my minor child, assume all risks that may or can arise out of participating in or observing the Activities, including but not limited to the activity itself, use of any equipment, furnishings, courts, netting, dividers, or facilities, the acts or omissions of others, and the unavailability of emergency care, as well as the risks described above.
3. Release of Liability & Covenant Not to Sue. In consideration for being permitted to participate in or observe the Activities, to rent or use any portion of the Facility, or to bring guests or invitees into the Facility, I, on behalf of myself and my heirs, personal representatives, and assigns, hereby release, waive, and forever discharge the Royal Arena Parties from any and all claims, demands, causes of action, damages, costs, expenses, and liabilities of any kind, whether known or unknown, suspected or unsuspected, arising out of or relating in any way to the Activities, including claims for personal injury, illness, death, and property loss or damage, and including claims alleging ordinary negligence by any of the Royal Arena Parties. I further agree not to sue, and to refrain from commencing, joining, or assisting in any claim or proceeding against any of the Royal Arena Parties relating to any matter released by this Agreement.
4. Consent & Release on Behalf of Minor. If a minor will participate in the Activities, I represent that I am the minor's parent or legal guardian and I have the legal authority to sign this Agreement. I give my consent for the minor to participate in and/or observe the Activities. I, for myself and for my heirs, personal representatives, and assigns, release, waive, and forever discharge the Royal Arena Parties from any and all claims that I may have, in my individual capacity, arising out of or relating to the minor's participation in or observation of the Activities, including claims for the minor's injuries and related damages that I may be entitled to assert in my own right under applicable law, and including claims alleging ordinary negligence by any of the Royal Arena Parties.
5. Indemnity for Minor Claims. If a minor will participate in or observe the Activities, then I agree to defend, indemnify, and hold harmless the Royal Arena Parties from and against any and all claims, demands, causes of action, damages, losses, judgments, penalties, and liabilities of any kind, together with all costs and expenses of any kind, including reasonable attorneys' fees and court costs, arising out of or relating to the minor's participation in or observation of the Activities or presence at the Facility, including any claim asserted by or on behalf of the minor against any of the Royal Arena Parties, and including claims alleging ordinary negligence by any of the Royal Arena Parties. This obligation is intended to apply regardless of whether the claim is brought directly by the minor, by a representative, or in any other capacity, and it is intended to apply so that the Royal Arena Parties are protected from the economic impact of claims arising from a minor's participation.
6. Medical Treatment Authorization. I authorize the Company and its personnel to obtain or provide emergency medical care for me and, if applicable, for my minor child, if the Company believes such care is necessary. I understand that the Royal Arena Parties have no duty to provide such care. I agree that I am solely responsible for all medical costs and related expenses.
7. Governing Law & Venue. This Agreement shall be governed by Tennessee law without regard to conflict of laws principles. To the extent any claim is permitted to proceed notwithstanding this Agreement, I agree that exclusive venue shall lie in the state courts located in the county where the Facility is located, or if jurisdiction is proper, the federal courts sitting in Tennessee in the division encompassing that county.
8. Severability & Construction. This Agreement is intended to be as broad and inclusive as permitted by Tennessee law. If any portion of this Agreement is held invalid or unenforceable, it is agreed that the balance of the Agreement shall continue in full force and effect, and any invalid or unenforceable portion shall be interpreted and construed to afford as much protection to the Royal Arena Parties as permitted by applicable law.
9. Acknowledgment of Understanding. I acknowledge that I have read this Agreement, I understand its terms, I understand I am giving up substantial legal rights, and I sign it freely and voluntarily, intending to be legally bound.
For participants of minority age (under age 18 as of registration) — Consent and release on behalf of minor
I am the parent and/or legal guardian of the above-named minor participant. I have read this Agreement thoroughly and understand all of the terms. I understand that I am surrendering legal rights on behalf of the minor and myself. I, on behalf of myself and my minor, agree to be bound by all of the terms of this Agreement and also give my consent to allow the above-named minor to participate in the Activities described herein. I release and agree to indemnify and hold harmless the Royal Arena Parties from any and all liabilities incident to my minor child's involvement or participation in the Activities, to the fullest extent permitted by law.