Spikeball Waiver and Release of Liability

This waiver may not be modified. Signed waivers are required to participate in Spikeball events. In consideration of being allowed to participate in any way in Spikeball programs, related events and activities, the undersigned acknowledges, appreciates and willingly agrees that:

1. I will comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.

2. I acknowledge and fully understand that each participant will be engaging in activities that involve risk of serious injury, including traumatic brain injury, permanent disability and death, and severe social and economic losses which may result not only from their own actions, inactions or negligence but the action, inaction or negligence of others, the rules of play, or the condition of the premises or of any equipment used. Further, I accept personal responsibility for the damages following such injury, including traumatic brain injury, permanent disability or death.

3. I hereby authorize and give my full consent to Spikeball to copyright and/or publish any and all photographs, video and/or broadcasts in which I appear while attending any Spikeball event. I further agree that Spikeball may transfer, use or cause to be used, photographs, video, or broadcasts for any exhibitions, public displays, publications, commercials, online streaming, art and advertising purposes, and television programs without limitations or reservations.

4. I knowingly and freely assume all such risk, both known and unknown, even those arising from the negligent acts or omissions of others, and assume full responsibility for my participation.

5. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release and forever discharge Kankakee Spikeball Inc. (“Spikeball”), its officers, directors, shareholders, agents, employees, participants, sponsoring agencies, advertisers, and, if applicable owners and lessors of premises used to conduct the
event, all of which are hereinafter referred to as “releasees”, from any and all actions, suits, claims, demands, damages, debts, losses, liabilities, indebtedness, injuries, controversies, claims for injury, disability, death, loss or damage to person or property, and causes of action either at law or in equity, and obligations or other claims of whatever kind or nature, whether known or unknown, direct or indirect, new or existing by reason of any matter, cause or thing whatsoever, whether arising from the negligence of the releases or otherwise, to the fullest extent permitted by law, which I have had, now have, or which may arise hereafter, against any of the releases arising from, in connection with, or in any way relating to my participation in Spikeball events (collectively
“Claims”). I will indemnify, save and hold harmless above named releases of, from and against any loss, cost, expense, damage or liability that such releases may incur as a result of, arising from or in connection with such Claims, including without limitation any attorney's fees, or other costs or expenses or litigation.

6. I agree that I will not compete at Spikeball official, sponsored, sanctioned or affiliated events while under the influence of alcohol or illegal/banned drugs. Additionally, I will not engage in any unlawful acts at such events, including but not limited to the unlawful or unauthorized use, possession, distribution or consumption of alcoholic beverages or illegal/banned drugs at said events.

7. I/we understand that Spikeball ® is a registered trademark of Kankakee Spikeball Inc. (hereinafter "Kankakee"). I/we agree that Kankakee is allowing me/us to the term Spikeball ® only under the following conditions:
All use of the term SPIKEBALL ® by me/us shall be followed by the “®” registered symbol.
Use of the term SPIKEBALL ® by me/us shall be limited to promoting a temporary league, competition or exhibition.  Kankakee does not authorize the sale of any product(s) bearing the SPIKEBALL brand by me/us which does not originate directly from Kankakee.
Any advertisement, brochure, website, manual, rule book or other publication created by me/us shall contain the following sentences somewhere on said advertisement, brochure, website, manual, rule book or other publication “SPIKEBALL ® is a registered trademark of Kankakee Spikeball, Inc. and is being used here with expressed permission from Kankakee spikeball, Inc.  All rights reserved.  Kankakee Spikeball, Inc assumes no liability for any loss as a result of injury which may occur during playing.  All losses and injury must be addressed to the organizers of the league, competition or exhibition.”
I/we may not use the term SPIKEBALL ® in any contract with a third party and may not contractually bind Kankakee in any manner with respect any third party.
My/our right to use of the term SPIKEBALL ® may be revoked at any time by Kankakee for any reason, including Kankakee's  conducting their own league, competition or exhibition in same geographic area.
I/we agree not to use non-SPIKEBALL® branded products in the league, competition or exhibition to the extent those products compete with Kankakee's products.
Spikeball Kankakee, Inc does not authorize me/us to permit others to use the term SPIKEBALL ®
Use of the term SPIKEBALL ® reflects favorably on Kankakee.

8. Tournament Refund Policy
Membership fees are non-refundable. Event registration fees can be refunded as long as requests are made in writing at least 5 business days prior to the event. After that time, event registration fees will not be refunded for any circumstance. To request a refund, contact the tournament organizer listed on the event page.

9. Tournament Cancellation Policy
Spikeball aims to provide a safe environment for its events. In general, we run events rain or shine. However, if for some reason we must cancel, postpone, or relocate an event due to uncontrollable weather conditions or other circumstances beyond our reasonable control, emails will be sent to all registered participants and announcements will be made on the event website and our social networking channels.

We will do everything within our power to make sure that events take place, but the safety of our participants is our number one concern. When registering for an event, you are accepting a small risk that uncontrollable circumstances might mean events need to be modified, postponed, or cancelled. As such, no refunds will be given if a tournament is modified, postponed, or cancelled for circumstances beyond Spikeball™’s reasonable control.

I have read this release of liability and assumption of risk agreement, fully understand its terms, and understand that I have given up substantial rights by agreeing to it and agree freely and voluntarily without any inducement.