Rocky Top Individual Release of Liability Waiver

RTSW SFM, LLC

Assumption of Risk ** Waiver of Liability ** Indemnification Agreement 

Rocky Top Sports World, LLC operates under the ownership and management of RTSW SFM, LLC, City of Gatlinburg, Sevier County, and Sevier County Board of Education (here into referred as “Partnership”) and is a multi-purpose sports and recreation center that provides an extraordinary menu of sports and activities for participants of all ages. 

Partnership and its staff regard participant safety as a top priority and feel it is important that the

PARTICIPANT/PARENT (which refers to either an Adult Participant OR a Minor Participant and Parents/Guardians) understand that there are risks inherent in all physical activity. Partnership takes great care to reduce the risks associated with the many physical activities offered at the facility.  

However, regardless of the care taken to avoid injuries, some risks are inherent in any physical activity and cannot be totally eliminated without changing the nature of the activity. (Note: Coaches or supervisors are present for certain activities, but the Participant/Parent should have no expectation of supervision over an area or activity unless directly specified otherwise.); collisions with objects or co-participants; falls to the playing surface; unexpected equipment failure or malfunction; careless or erratic acts by co-participants; errors in judgment/supervision of supervisors, other employees, or officials; and being struck by an object (e.g., ball, puck, bat, stick, boxer’s fist). There are also inherent risks that are specific to a sport – such as being kicked in soccer; being struck by a ball in lacrosse or softball; and body contact by a blocker in flag football. There are even risks at a child’s birthday party such as children running into others, swinging objects carelessly, playing in a reckless manner, and not following the rules. Likewise, in camps or team building activities, injuries can occur due to enthusiasm of participants or striving to win or achieve a goal.

Partnership feels that it is important that the PARTICIPANT/PARENT understand that three types of injuries can occur. Minor injuries are the most common and include, but are not limited to, muscle soreness, headaches, sprains, abrasions, and bruises.  Serious injuries are less common, but do occur occasionally. They include, but are not limited to, broken bones, concussions, torn ligaments or cartilage, eye injuries, cuts, and internal injuries. Catastrophic injuries are very rare; but Partnership feels that every PARTICIPANT/PARENT should be aware of the slight possibility. These injuries include permanent disability, brain injury, paralysis and even death.

Assumption of Inherent Risks:  I, the PARTICIPANT/PARENT, understand that all activities of

Partnership include inherent risks that cannot be totally eliminated regardless of the care taken by Partnership.  I, the PARTICIPANT/PARENT, have read the preceding paragraphs and 1) know, 2) understand, and 3) appreciate the types of injuries inherent in Partnership activities. I, the PARTICIPANT/PARENT, hereby assert that participation is voluntary and the PARTICIPANT/PARENT knowingly assume all inherent risks of the activity, today and on all future dates.

Waiver of Liability for Ordinary Negligence : In consideration of permission to use the property, facilities, equipment, and services of the Partnership, today and on all future dates, I, the PARTICIPANT/PARENT, on behalf of myself, my spouse, heirs, executors, administrators, personal or legal representatives, and assigns (hereafter referred to as the Releasing Parties) do hereby waive, release, discharge and covenant not to sue Partnership, committees, all owners, directors, officers, managers, employees, volunteers, independent contractors, agents and equipment suppliers - hereafter referred to as the Protected Parties] from liability from any and all claims, demands, and actions of every name and nature  arising from the ordinary negligence of the Protected Parties.   

  This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in Partnership activities including, but not limited to: recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; individual or group instruction; as an observer or spectator; and individual use of all facilities. This applies to all facilities, fields, equipment, and all other premises including the associated sidewalks and parking lots and to 2) any and all claims resulting from the damage to, loss of, or theft of property. 

Indemnification: I, the PARTICIPANT/PARENT, also agree, today and on all future dates, to hold harmless, defend, and indemnify Partnership (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees, and related expenses) from any and all claims of Releasing Parties arising from participation in Activities, (including those arising from the inherent risks of the activity or the ordinary negligence of Protected Parties).

 I, the PARTICIPANT/PARENT, further agree to hold harmless, defend, and indemnify Partnership against any and all claims of co-participants, rescuers, and others arising from the conduct of the participant in Partnership activities.   

Clarifying Clauses: I, the PARTICIPANT/PARENT confirm that: 

1)     This agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between me and Partnership and that it cannot be modified or changed in any way by representations or statements by any agent or employee of Partnership. 

2)     The foregoing Assumption of Risk, Waiver of Liability, Indemnification Agreement, is intended to be as broad and inclusive as is permitted by the laws of the State of Tennessee and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

3)     If legal action is brought, the appropriate trial court for the County of Sevier in the State of Tennessee has the sole and exclusive jurisdiction and that only the substantive laws of the State of Tennessee shall apply.  

4)     I will engage in good faith efforts to mediate any dispute that might arise.  Any agreement reached will be formalized by a written contractual agreement at that time.  Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims arising out of participation in Partnership shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect.

Acknowledgements to Promote Participant Safety: These affirmations aid Partnership in providing for participant health and safety.   

 Health Status.  The participant affirms that he or she:

• Possesses no health problems or physical disabilities that would make participation unwise, or risk injury. 
• Will cease activity and inform Partnership of any health problem that arises during participation.
• Possesses sufficient skills, coordination, and physical fitness to safely participate.

·       Medical Care.  The participant affirms that he or she:

• Authorizes Partnership to secure emergency medical care & transport if deemed necessary; Partnership does not staff medical personnel.
• Agrees to assume all cost of the care and transportation listed above.

·       Rules and Safety. The participant affirms that he or she agrees:

• To report all injuries (even minor injuries) so that Partnership may make a record of the injury.
• To wear all recommended safety gear during participation.
• To follow all rules of the activity at Partnership.
• To inform Partnership of any conduct or condition that creates a hazard for participants or others – and will immediately discontinue further participation in said activity.
• That Partnership has authority to halt my participation if it endangers the participant or others.

In consideration of the opportunity to provide certain statements and participate in photography or audio/video taping relating to certain products of Rocky Top Sports World, or its affiliated companies, I, for myself and, in the case of a minor (the "Minor"), for myself and the Minor in my capacity as the Minor's parent/guardian, agree as follows: 

1)              I hereby consent to the recording of statements, photographs, and/or audio or video recordings taken of the Minor or me by the Partnership or its contractors.

2)            All statements, photographs, and/or audio or video recordings taken of the Minor or me, by the Partnership or its contractors, may be used by the Partnership for promotional, commercial or other purposes as determined by the Partnership anywhere in the world in its sole discretion. Neither the Minor nor I shall have any right to control the use or publication by the Partnership of the statements, photographs, and/or audio or video recordings.

3)              All statements, photographs, and/or audio or video recordings taken of the Minor or me by the Partnership or its contractors, shall be the sole property of the Partnership. Neither the Minor nor I shall receive any compensation in connection with use of these statements, photographs, and/or audio or video recordings for promotional, commercial or other purposes. 

4)              On behalf of the Minor and myself, I hereby release, waive and discharge any claims of any kind or nature arising out of or relating to the use of the statements, photographs, and/or audio or video recordings against the Partnership or any person or firm authorized by the Partnership to publish said materials (“Publisher”), Such release, waiver and discharge shall also extend to all affiliated companies, shareholders, directors, officers, employees, agents and assigns of the Partnership and any Publisher.

5)              This Release shall be binding upon the Minor and me, and our respective successors, heirs, assigns, executors, administrators, spouse and next of kin. 

6)              I HAVE READ THIS DOCUMENT AND I UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS ON

BEHALF OF THE MINOR AND MYSELF (INCLUDING RIGHTS RELATING TO PUBLICITY AND PRIVACY WITH RESPECT TO THE COMMERCIAL USE OF ANY STATEMENTS, PHOTOGRAPHS, AND/OR AUDIO OR VIDEO RECORDINGS AND I SIGN THIS RELEASE FREELY AND VOLUNTARILY. 

Acknowledgment of Understanding: I, the PARTICIPANT/PARENT, have read and understand this Agreement.  I understand that I am giving up substantial rights, including the right of both the participant and the parent or guardian to sue for damages in the event of death, injury or loss.  I, the PARTICIPANT/PARENT, acknowledge that I am voluntarily signing this agreement, and intend my signature to be a complete release of all liability, including that due to inherent risks or the ordinary negligence by the Protected Parties, to the greatest extent allowed by law of the State of Tennessee.