🏆 Friday Night Heights #2

I, the undersigned, being 18 years of age or older, or the parent or legal guardian of the participant named above who is under age 18, in consideration of the services provided by POLE VAULT ELITE, the rate charged for those services and the right to engage in the Participation Activities as a participant and/or volunteer, hereby agree to release, indemnify, and discharge POLE VAULT ELITE, and hereby acknowledge, agree, promise and covenant with Pole Vault Elite, its advertisers, its sponsors and their respective members, managers, owners, shareholders, partners, officers, coaches, agents, volunteers and employees (collectively, “Pole Vault Elite” or the “Released Parties”), on behalf of myself, the minor(s) for whom I sign (hereinafter referred to as “Minor”), my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

“Participation Activities” means all pole vault training, practices, lessons, clinics, camps, meets and competitions, and all related activities conducted by or at POLE VAULT ELITE, including the use of its facilities, premises and equipment, whether or not a fee is charged. In this agreement, “I”, “me” and “my” also refer to the Minor when I sign on behalf of a Minor.

I acknowledge that my (or the Minor’s) participation in pole vaulting activities, including pole vaulting training activities (e.g., bending poles, rope swinging, pulley drills, trampoline, and ground drills, including, but not limited to falling, coming in contact with trees, steps, rocks, ground, standards, limbs, branches, bricks, debris, other structures and devices, or other equipment or persons) entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself (or the Minor), to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

The risks include, among other things: Pole vaulting activities entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. Risks include the negligence of other participants or myself (or the Minor), injuries including sprains, fractures, scrapes, bruises and cuts, dislocations, concussions, and serious injuries to the head, back, or neck which can cause paralysis, or even death. In any event, I acknowledge that if I am (or the Minor is) injured, I (or the Minor) may require medical assistance, at my own expense.

The risks also include, but are in no way limited to:

1. THE ACTS, OMISSIONS, OR NEGLIGENCE IN ANY DEGREE OF ANY OF THE RELEASED PARTIES;

2. Latent or apparent defects or conditions in equipment or property supplied by the Released Parties or other persons or entities;

3. The condition of any runway, pole vault pit, pole, rope, pulley device, anchors, trampolines and other equipment, and accidents connected with their use;

4. My (or the Minor’s) own physical condition and skill level, or my (or the Minor’s) own acts or omissions;

5. First aid, emergency treatment, or other services rendered by the Released Parties or others; and

6. Consumption of any food or drink, whether or not provided by the Released Parties or others, and untreated water from the environment.

I UNDERSTAND AND ACKNOWLEDGE that the above list is not complete or exhaustive, and that other risks, known or unknown, identified or unidentified, anticipated or unanticipated, may also result in injury, death, illness, disease or damage to myself (or the Minor), to my property, or to other parties and their property.

I expressly agree and promise to accept and assume all of the risks existing in this activity. My (or the Minor’s) participation in this activity is purely voluntary, and I (or the Minor) elect to participate in spite of the risks.

When participating in this activity, I expressly agree and promise to abide by the following Rules and Regulations, including, but not limited to, the following:

1. Persons may not participate in activities unless they have a signed liability waiver on file with POLE VAULT ELITE. If a participant is under age 18, their parent or legal guardian must sign this document on the participant’s behalf. The parent’s or guardian’s signature may be given electronically through VaulterHQ, POLE VAULT ELITE’s online membership and signing system (including its signing links and kiosk). Electronic signatures, initials and records have the same force and effect as handwritten ones.

2. Participants will not be allowed to enter or remain on the POLE VAULT ELITE premises unless they are wearing full appropriate protective and safety gear for the Participation Activities in which they are participating.

3. Participants must engage in Participation Activities in a safe manner at all times and avoid collisions with other persons.

4. Participants may engage in Participation Activities in designated areas only.

5. Participants must obey the safety instructions of POLE VAULT ELITE staff at all times.

6. Fighting or other aggressive or disruptive behavior will result in ejection from the POLE VAULT ELITE premises.

7. Smoking is only allowed in designated areas.

8. Equipment or gear not required for participation in Participation Activities and any other items must be stored in locations outside the Participation Activities locations.

9. No illegal drugs are allowed on the POLE VAULT ELITE premises.

10. No profanity or vulgar language is permitted on the POLE VAULT ELITE premises.

11. No weapons are allowed on the POLE VAULT ELITE premises.

12. No pets other than Seeing Eye animals are allowed on the POLE VAULT ELITE premises without permission.

13. No contests of any sort are allowed on the POLE VAULT ELITE premises unless organized and run by POLE VAULT ELITE staff or other authorized persons.

14. POLE VAULT ELITE reserves the right to terminate any membership or pass at any time and to eject anyone at anytime for any reason.

15. Safeguard your valuables and possessions at all times. POLE VAULT ELITE is not responsible for lost and/or stolen items.

16. Alcohol may not be consumed prior to or during participation in any Participation Activities.

17. Participants must obey all posted rules.

18. Violations of rules may result in ejection from the POLE VAULT ELITE premises and cancellation of all memberships without refund.

I UNDERSTAND AND ACKNOWLEDGE that the above list is not complete or exhaustive and that other rules may apply, including but not limited to the rules of NFHS, US Track and Field, AAU, IHSAA, or other entities.

I (or the Minor) want to use POLE VAULT ELITE’s poles, pits, board runway and other training equipment and am doing so entirely upon my (or the Minor’s) own initiative, risk and responsibility. Furthermore, I am (or the Minor is) aware of the risks and hazards inherent upon the use of the facilities.

I VOLUNTARILY AGREE, COVENANT AND PROMISE TO ACCEPT AND ASSUME ALL RESPONSIBILITIES AND RISK FOR INJURY, DEATH, ILLNESS OR DISEASE to myself (or the Minor) or to my property or other parties and their property arising from my (or the Minor’s) participation in the Participation Activities. My participation is purely voluntary; no one is forcing me to participate in spite of the risks.

I VOLUNTARILY RELEASE AND FOREVER DISCHARGE AND COVENANT NOT TO SUE ANY OF THE RELEASED PARTIES, from or for any and all liability, claims, demands, actions, or rights of action, which are related to, arise out of, or are in any way connected with my (or the Minor’s) participation in the Participation Activities, INCLUDING, BUT NOT SPECIFICALLY LIMITED TO, ANY AND ALL NEGLIGENCE, FAULT OR STRICT LIABILITY OF ANY OF THE RELEASED PARTIES, for any and all injury, death, illness or disease, and damage to myself (or the Minor) or to my property.

I FURTHER AGREE, PROMISE AND COVENANT TO HOLD HARMLESS AND TO INDEMNIFY EACH OF THE RELEASED PARTIES from all liability, claims, demands, actions or rights of action, damages, defense costs, including attorney’s fees, or from any other costs incurred in connection with claims for bodily injury or property damage which I (or the Minor) may negligently or intentionally cause to other parties in the course of participation in the Participation Activities. I FURTHER AGREE, PROMISE, AND COVENANT NOT TO USE, ASSERT, OR OTHERWISE MAINTAIN ANY CLAIM AGAINST ANY OF THE RELEASED PARTIES, for any injury, death, illness and disease, or damage to myself (or the Minor) or to my property, arising from or connected with participation in this activity or from any claims asserted against me or other parties.

IN SIGNING THIS DOCUMENT, I FULLY RECOGNIZE THAT IF ANYONE IS HURT OR DIES, OR PROPERTY IS DAMAGED WHILE I AM (OR THE MINOR IS) ENGAGED IN THE PARTICIPATION ACTIVITIES, I (AND THE MINOR) WILL HAVE NO RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST ANY OF THE RELEASED PARTIES EVEN IF ANY OF THE RELEASED PARTIES NEGLIGENTLY CAUSE THE BODILY INJURY OR PROPERTY DAMAGE. This agreement shall be binding upon the heirs, legal representatives, executors, and administrators of the participant and is for the benefit of the Released Parties and their respective heirs, successors and assigns.

I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless POLE VAULT ELITE from any and all claims, demands, or causes of action, which I (or the Minor) may sustain while using the pole(s) borrowed, used or rented hereunder or in any way connected with my (or the Minor’s) participation in pole vaulting activities.

In consideration of the use of the POLE VAULT ELITE facilities or rental equipment, whether with or without charge, I, individually and as a representative of and on behalf of my spouse, child, or ward, hereby release, waive, discharge and covenant not to sue the Released Parties from any liability, claims, demands, actions, and causes of action whatsoever, arising out of or related to any loss, damage, or injury, including fatal injury, associated with the use of the POLE VAULT ELITE facilities and equipment.

Should POLE VAULT ELITE or anyone acting on behalf of POLE VAULT ELITE be required to incur attorney’s fees and costs to enforce any portion of this agreement, including to defend or respond to any claim which I have waived or from which I have released POLE VAULT ELITE hereunder, I agree to indemnify and hold POLE VAULT ELITE harmless for all such fees and costs.

INDEMNITY REGARDING USE OF POLE VAULT ELITE PREMISES, INCLUDING BUT NOT LIMITED TO THE RUNWAY AND/OR PIT. To the extent permitted by law, I (as the customer or participant, or on behalf of the Minor) agree to indemnify, hold harmless, and defend the Released Parties and all other businesses on the premises from and against any and all losses, claims, liabilities and expenses, including reasonable attorney fees, if any, which the Released Parties or any business on the premises may suffer or incur in connection with the use or misuse of any part of the POLE VAULT ELITE facilities or the pole vault runway/pit. This release shall be binding upon the spouse, heirs, next of kin, executors and administrators of each of the undersigned.

I UNDERSTAND AND ACKNOWLEDGE that by initialing and/or signing this document I have given up certain rights, and/or possible claims which I (or the Minor) might otherwise assert or maintain against the Released Parties, INCLUDING SPECIFICALLY, BUT NOT LIMITED TO, RIGHTS ARISING FROM CLAIMS FOR THE ACTS OR OMISSIONS, FAULT, OR NEGLIGENCE IN ANY DEGREE, OF ANY OF THE RELEASED PARTIES. I understand and acknowledge that by signing this document, I HAVE ASSUMED RESPONSIBILITY AND LEGAL LIABILITY for the claims or other legal demands, including defense costs, which may be asserted by other parties against me as a result of my (or the Minor’s) participation in the Participation Activities.

I UNDERSTAND AND ACKNOWLEDGE that no medical or accident insurance benefits will be provided to me (or the Minor) by POLE VAULT ELITE during participation in or viewing of the Participation Activities. I certify that I have adequate insurance to cover any injury or damage I (or the Minor) may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. Providing an insurance carrier and policy number on this form is optional. I further certify that I am willing to assume the risk of any medical or physical condition I (or the Minor) may have.

I FURTHER ACKNOWLEDGE that I am (or the Minor is) in good physical and mental health, and not suffering from any condition, disease or disablement which would or could potentially affect participation in the Participation Activities, except as I have disclosed in writing to POLE VAULT ELITE.

I give my consent and permission to POLE VAULT ELITE and medical personnel to obtain or administer on my behalf or on behalf of Minor, first aid and emergency medical treatment in case of sickness, accident, injury and to secure medical care at my expense and to make decisions concerning medical care if I am unable to do so or if in the case of Minor, I am unable to be reached. I give consent for drug testing to be performed in the event of any accident or during the course of any medical care or treatment for my minor child or myself.

In the event that I file a lawsuit against POLE VAULT ELITE, I agree to do so solely in Hancock County in the state of Indiana, and I further agree that the substantive law of Indiana shall apply to that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my (or the Minor’s) use of the pole(s) borrowed, used, or rented hereunder, or during my (or the Minor’s) participation in the Participation Activities, I may be found by a court of law to have waived my right to maintain a lawsuit against POLE VAULT ELITE on the basis of any claim from which I have released POLE VAULT ELITE herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

I, for just and sufficient consideration, receipt of which is hereby acknowledged, hereby irrevocably grant POLE VAULT ELITE, its successors and partners the right to record my (or the Minor’s) likeness and/or voice on tape, film or digital media, to edit such tape, film or digital media at its discretion; to incorporate the same into video, TV, radio, web or print advertisement or video for POLE VAULT ELITE; and to use or authorize the use of such tape, film, and videotape or any portion thereof in any manner or media at any time throughout the world in perpetuity and to use my (or the Minor’s) likeness, voice and biographical and other information concerning me (or the Minor) in connection therewith, including promotion in all media. I hereby release POLE VAULT ELITE and anyone using said film, digital image, or other material from any and all claims, damages, liabilities, costs and expenses which I (or the Minor) now have or may hereafter have by reason of any use thereof.

I agree that this agreement may be presented, initialed and signed electronically, including through VaulterHQ, POLE VAULT ELITE’s online membership and signing system (its website, signing links and kiosk). I consent to use electronic records and electronic signatures under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN, 15 U.S.C. § 7001 et seq.) and the Indiana Uniform Electronic Transactions Act (Ind. Code § 26-2-8).

MY ELECTRONIC SIGNATURE AND INITIALS, WHETHER TYPED OR DRAWN, ARE MY LEGALLY BINDING SIGNATURE AND INITIALS AND HAVE THE SAME FORCE AND EFFECT AS HANDWRITTEN ONES, and an electronic copy of this signed agreement is as valid as a paper original. I understand that POLE VAULT ELITE keeps a record of the signing (including the date and time, the signer’s name and email, and the IP address and device used), that a copy is emailed to me and kept in my VaulterHQ account, and that I may request a paper copy at no charge. I confirm that I am able to access, read and keep electronic records. I may withdraw this consent for future documents by notifying POLE VAULT ELITE in writing; doing so does not affect any signature already given.

I understand that this is the entire agreement between POLE VAULT ELITE and myself, that it is for the benefit of all Released Parties, and that it cannot be modified or changed in any way by the representations or statements of POLE VAULT ELITE or any employee or agent of POLE VAULT ELITE or any of the Released Parties or by myself. I am at least 18 years of age, of sound mind, and not under the influence of any drugs or alcohol at this time. My signature below indicates that I have read this entire document, understand it completely, and agree to be bound by its terms. If I am the parent or guardian of the participant, I agree to be bound by the terms and conditions of this agreement and shall be responsible for the actions of the participant.

(Applies when I sign on behalf of a participant under age 18.) I, the undersigned, declare that I am the parent of, or the legal guardian of, the Minor, and have the legal capacity to execute documents on behalf of the Minor. Where the Minor’s parents are divorced or separated, I am the parent with legal custody. I understand that as a condition to participate in activities or events at POLE VAULT ELITE, the parent or legal guardian of the minor participant must sign certain legal documents, including but not limited to Waivers, Releases, Acknowledgment of Risks, and related documents. I am signing those documents freely, without any fraud or duress, and acknowledge that I have read and understand the same.

IN THE EVENT THAT IT IS DETERMINED THAT I AM NOT THE PARENT OR LEGAL GUARDIAN OF THE MINOR, OR DID NOT HAVE THE LEGAL CAPACITY TO EXECUTE THE DOCUMENTS ON BEHALF OF THE MINOR, THEN I AGREE TO DEFEND AND INDEMNIFY (see Indemnification above for details) POLE VAULT ELITE and all of its agents, employees, sponsors, partners, officers, directors, and/or affiliated companies/entities, if any litigation is instituted, as a result of any injury or death or claim for damage arising out of, relating to, or in any way connected with the Minor’s participation in activities at POLE VAULT ELITE.

I know of the risks involved in athletic participation, understand that serious injury, and even death, is possible in such participation, and choose to accept such risks. I voluntarily accept any and all responsibility for my own safety and welfare while participating in athletics, with full understanding of the risks involved, and agree to release and hold harmless POLE VAULT ELITE of and from any and all responsibility and liability, including any from their own negligence, for any injury or claim resulting from such athletic participation and agree to take no legal action against POLE VAULT ELITE because of any accident or mishap involving my athletic participation. I consent to the exclusive jurisdiction and venue of courts in Hancock County, Indiana for all claims and disputes between and among POLE VAULT ELITE and me, including but not limited to any claims or disputes involving injury.

I HAVE READ THIS CAREFULLY AND KNOW IT CONTAINS A RELEASE PROVISION. (to be initialed by the Minor or on behalf of the Minor)

Undersigned knows of and acknowledges that the Minor knows of the risks involved in athletic participation, understands that serious injury, and even death, is possible in such participation and chooses to accept any and all responsibility for the Minor’s safety and welfare while participating in athletics. With full understanding of the risks involved, undersigned releases and holds harmless POLE VAULT ELITE of and from any and all responsibility and liability, INCLUDING ANY FROM THEIR OWN NEGLIGENCE, for any injury or claim resulting from such athletic participation and agrees to take no legal action against POLE VAULT ELITE because of any accident or mishap involving the Minor’s athletic participation. Undersigned consents to the exclusive jurisdiction and venue of courts in Hancock County, Indiana for all claims and disputes between and among POLE VAULT ELITE and me or the student, including but not limited to any claims or disputes involving injury, eligibility, or rule violation. Undersigned further certifies that he/she is the parent or legal guardian of Minor or an Emancipated Minor and has the power and authority to sign this agreement on behalf of and to bind Minor to the terms hereof.

I HAVE READ THIS CAREFULLY AND KNOW IT CONTAINS A RELEASE PROVISION. (to be completed and signed by one parent or legal guardian, or by an emancipated minor; where divorce or separation, the parent with legal custody must sign)

This document must be signed by an individual 18 years of age or older. If the athlete is not 18 years of age or older, the individual signing must be a parent or legal guardian of the athlete (one parent or guardian signs; where divorce or separation, the parent with legal custody must sign). That signature may be given electronically through VaulterHQ.