The Big Show, Ltd.
Participant Release of Liability and Assumption of Risk Agreement
On behalf of myself, any minor child(ren) identified below and all minor children under my supervision (hereinafter referred to as the “Releasing Parties”), voluntarily elect to use the facilities, activities, and/or equipment located at 1010 Center Road, Avon, Ohio 44011 and operated by THE BIG SHOW, LTD. d/b/a Nelly Belly (referred to as “TBS”).
In consideration for being allowed to use said facilities and equipment, and any other services provided by TBS along with its officers, directors, officials, employees, and/or agents at said location, the Releasing Parties represent, acknowledge and agree as follows:
The risk of injury from the activities, equipment, games, and activities contained on the premises and/or within the general facility, is significant during all phases of the activity or use of the equipment, including the potential for serious physical and emotional injury, permanent paralysis, disability, death, or damages incurred by the Releasing Parties and/or third-parties and damage to the personal property of the Releasing Parties. The Releasing Parties acknowledge and agree that it is the Releasing Parties’ responsibility to determine whether the Releasing Parties are sufficiently fit and healthy enough to safely participate in the activities and use the equipment at the TBS facility.
Each participant and user of any equipment shall comply with all of the following:
a) Read all warnings and obey all rules at the TBS facility;
b) Obey all written and oral warnings and instructions of the staff at the TBS facility;
c) Refrain from acting in a manner that may cause or contribute to the injury of the participant or user of any equipment or any other person; and
d) Exercise good judgment and act in a responsible manner while using the equipment.
General Release
The Releasing Parties acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to the Releasees (as defined below) and all other persons or entities acting in any capacity on their respective or collective behalf.
Release of Potential Injuries
The Releasing Parties acknowledge and agree that the use of the equipment located at the TBS facility and that participating in such activities is inherently and obviously dangerous and could cause significant injury. The Releasing Parties understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity or use of the equipment or activities within the TBS facility, which the Releasing Parties further agree are for recreational purposes and completely voluntary activities. The Releasing Parties acknowledge and agree, that, while the activities and use of equipment take place at the TBS facility are monitored generally by the employees at the TBS facility, it is not feasible for such employees to monitor the activities, use of equipment, and actions of all patrons at all times or all patrons simultaneously. Furthermore, the employees at the TBS facility have difficult jobs to perform. They seek safety but may make mistakes. They might be unaware of a patron’s health or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
Voluntary Assumption of Risk - General
The Releasing Parties acknowledge and agree that the Releasing Parties are participating voluntarily and at our own risk. The Releasing Parties acknowledge and agree that the actions or activities of other patrons or the actions or inactions of the employees at the TBS facility could cause the Releasing Parties significant bodily injury, and that the TBS facility is not responsible for the actions or activities of patrons using the TBS facility or the actions, failure to act, and/or negligence of Releasees in supervising the TBS facility or its usage, including actions, activities, or omissions that result in such harm.
Release of Liability
The Releasing Parties hereby forever, irrevocably, and unconditionally release, waive, relinquish, discharge from liability, and covenant not to sue TBS and its officers, directors, officials, agents, employees, members, other participants, sponsors, advertisers, permit grantors, independent contractors, sub-contractors and, if applicable, Center Road Realty LLC as the owner and lessor of 1010 Center Road, Avon, Ohio 44011 (collectively, the 'Releasees') from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments, and liabilities, of whatever kind or nature, in law, equity, or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from the Releasing Parties’ access to and/or use of the TBS facility, premises, and/or its equipment, the Releasing Parties’ entry into the TBS facility, the condition, maintenance, inspection, supervision, control, or security of the TBS facility, the failure to warn of dangerous conditions in connection with the TBS facility, the receiving of instructions, coaching, training, aid associated with strenuous bodily movement, teaching, instruction, and/or the acts or omissions of TBS or any of the Releasees, including, without limitation, any claim for negligence, failure to warn, or other omission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis, or death. The Releasing Parties understand that this release and waiver applies to all equipment, activities, and games at the TBS facility. The Releasing Parties understand that this release and waiver applies to and includes all activities that the Releasing Parties engage in at the facility, whether inside or outside the TBS facility. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, the Releasing Parties shall immediately defend, indemnify, and hold harmless the Releasees, and any of them, from any claims, causes of action, loss, or liability, including reasonable attorneys' fees, associated therewith or arising therefrom.
Photo, Video and Social Media Waiver
In connection with the Releasing Parties’ use of the TBS facility, the Releasing Parties consent to the photographing and/or recording of the Releasing Parties’ physical likeness and/or voice through mechanical, photographic, technical, digital, electronic, or other means (“Recordings”). The Releasing Parties hereby consent to and authorize TBS and its agents, representatives, employees, successors, and assigns to use, in perpetuity, such Recordings, as well as the Releasing Parties’ name, for any purpose, including advertising, promoting, exploiting, and/or publicizing TBS. The Releasing Parties further agree that the foregoing includes the consent to use the Releasing Parties’ physical likeness in any form. In addition, the Releasing Parties waive any and all claims the Releasing Parties may have in connection with the Recordings and/or compensation for use of such Recordings.
Term of Agreement
The Releasing Parties understand that this agreement extends forever into the future and will have full force and legal effect each and every time the Releasing Parties visit the TBS facility.
