In consideration of being permitted to participate in any way in Sandbox Beach, LLC (“SB LLC”) activities and being permitted to use the SB LLC facilities, I, for myself, my personal representatives, assigns, heirs, and next of kin:
1. Acknowledge, agree, represent, and warrant that the use of SB LLC facilities and equipment, participation in SB LLC sponsored activities and events, and participation in any exercise activity in general is undertaken by me at my own risk. I also agree and acknowledge that the use of SB LLC equipment and facilities and exercise in general may involve a risk of injury and I represent and warrant that I am in good health and have no disability, impairment, injury, disease or ailment preventing me from using SB LLC facilities and equipment or engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of my use of SB LLC facilities and equipment in any manner.
2. Acknowledge, agree, and fully assume all risks associated with the participation in any exercise activity at the SB LLC facilities or the use of SB LLC facilities and equipment, even if due to the NEGLIGENCE of SB LLC, its board, officers, agents, employees, and contractors. I hereby agree to defend, indemnify and hold SB LLC, its board, officers, agents, employees, landlords, and contractors harmless from and against any and all claims by me, my family and/or dependents arising out of damage or injury to person or property occasioned by the use of SB LLC facilities and equipment, participation in SB LLC sponsored activities, or participation in any active or passive exercise or athletic regimen by me at SB LLC, even if due to the NEGLIGENCE of SB LLC, its board, officers, agents, employees, landlords and contractors.
3. Acknowledge and agree that, SB LLC, its Board, officers, agents, employees, landlords, and contractors shall not be responsible or liable to me, any family and/or dependents for articles damaged, lost, or stolen in, on or about any SB LLC facility, or placed in any lockers, or for loss or damage to any property including but not limited to automobiles and the contents therein, and agree to fully assume all risk of damage or loss to any such articles or property.
4. I hereby give my consent to SB LLC, its agents, employees and contractors to photograph, film, videotape and then use, reproduce, and publish said images of me and/or my child/children relating to the use of the SB LLC facilities. I agree that photographs/negatives, film, or videotapes thereof shall constitute the sole property of SB LLC with full right of disposition in any manner whatsoever, including the right to publish. I hereby release SB LLC and its legal representatives and assigns from any and all claims whatsoever in connection with the use, reproduction, publication of the images thereof.
I have read and fully understand this Release and Waiver of Liability, Assumption of Risk and Indemnity prior to signing and by signing below agree to the terms set forth: