WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participating in the “Sun Bum Invitational Volleyball Tournament” (hereinafter the “Activity”); and IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same; I HEREBY, for myself, knowingly and voluntarily enter into this WAIVE AND RELEASE OF LIABILITY and hereby waive any and all rights, claims, causes of action of any kind arising out of participation in the activity; and I HEREBY, release and forever discharge Sun Bum Sports LLC, located at 5827 Kinoll Ave, Cincinnati, OH 45213, their affiliates (collectively “Releases”), from my physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned activity.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THUS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm’s length or via email, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, and Sun Bum Sports LLC agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
BY CLICKING THE CHECK BOX ON SUN BUM INVITATIONAL REGISTRATION, THE UNDERSIGNED THAT I AM A PARTICIPANT, AND AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTEXT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.