WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
1. ASSUMPTION OF RISK
I understand and acknowledge that participation in youth sports, birthday parties, camps, games, and related physical activities organized by Crew Holdings, LLC and KC Crew, LLC (collectively referred to as "CH/KCC") on-site or within Hy-Vee Arena (and its parent companies, owners, operators, and affiliates) involves inherent risks. These risks include, but are not limited to:
Minor injuries: Scratches, cuts, bruises, sprains, and strains.
Major injuries: Bone fractures, concussions, joint injuries, eye injuries, or severe illness/communicable diseases (including flu, RSV, COVID-19).
Catastrophic injuries: Permanent disability, paralysis, or death.
I am fully aware of these risks and hazards. I voluntarily elect to allow my minor child(ren) to participate in CH/KCC activities, knowing that physical activity carries inherent risks. I VOLUNTARILY ASSUME FULL RESPONSIBILITY for any risks of loss, property damage, illness, or personal injury (including death) that may be sustained by my child(ren) or myself as a result of participating in or observing such activities.
2. RELEASE OF LIABILITY & COVENANT NOT TO SUE
In consideration for permitting my minor child(ren) to participate in CH/KCC events and access the facility, I, for myself, my child(ren), my spouse, heirs, legal representatives, and assignees, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE:
Crew Holdings, LLC and KC Crew, LLC,
Hy-Vee Arena (and its facility owners, building operators, and landlord entities),
Their respective officers, directors, owners, agents, employees, volunteers, sponsors, and event partners (hereinafter collectively referred to as "RELEASEES"),
from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury (including death) that may be sustained by my minor child(ren) or to property belonging to us, while in, on, or upon the premises where activities are conducted.
THIS RELEASE APPLIES REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise, to the fullest extent permitted by law.
3. INDEMNIFICATION AND HOLD HARMLESS
I further agree to INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, costs, or expenses (including court costs and reasonable attorneys' fees) that Releasees may incur due to my or my minor child’s presence at or participation in CH/KCC activities at Hy-Vee Arena, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.
If my minor child, or anyone acting on my child's behalf, attempts to bring a claim or lawsuit against any of the Releasees, I agree to indemnify and defend the Releasees from any financial loss, judgment, or attorney fees resulting from such claim.
4. EMERGENCY MEDICAL AUTHORIZATION
As parent/legal guardian, in the event of an injury or illness to my child that renders me unreachable or incapable of making an immediate decision, I authorize CH/KCC staff and Hy-Vee Arena personnel to secure emergency medical treatment, CPR/AED administration, and emergency transportation (e.g., EMS) deemed necessary for my child's safety. I agree to assume full responsibility for all costs associated with such emergency medical treatment and transportation.
5. EVENT RULES & CONDUCT
Rules & Instructions: My child and I agree to become familiar with and abide by all written, posted, and verbal instructions given by CH/KCC and Hy-Vee Arena staff.
Removal from Event: CH/KCC and Hy-Vee Arena personnel reserve the right to immediately remove any individual (minor or adult) who disobeys rules, acts unsafe, or exhibits disruptive behavior, without refund.
Emergency Delay / Cancellation: CH/KCC reserves the right to delay, modify, or cancel activities due to severe weather, facility issues, or unforeseen emergencies.
Refund Policy: All registration fees, party fees, and associated costs are non-refundable for any reason, including schedule conflicts, illness, injury, or weather cancellations.
6. PHOTOGRAPHY & MEDIA RELEASE
I grant CH/KCC and Hy-Vee Arena permission to capture and use photographs, motion pictures, video recordings, or audio of my child(ren) taken during events for legitimate promotional, advertising, marketing, or social media purposes, without financial compensation or royalty rights.
7. GOVERNING LAW & SEVERABILITY
This agreement shall be construed in accordance with the laws of the State of Missouri. Any mediation, lawsuit, or legal proceeding arising out of or related to participation must be filed exclusively in the state or federal courts located in Jackson County, Missouri. Any portion of this document deemed unlawful or unenforceable shall be severable and stricken without affecting the enforceability of the remaining provisions.
ACKNOWLEDGEMENT OF UNDERSTANDING & ELECTRONIC SIGNATURE
BY AGREEING / SIGNING BELOW, I AFFIRM THAT:
I am the parent or legal guardian of the minor child(ren) participating in the event.
I have read this entire Waiver of Liability, Assumption of Risk, and Indemnity Agreement and fully understand its terms.
I understand that I am giving up substantial legal rights on behalf of myself and my minor child(ren).
I acknowledge that I am agreeing freely and voluntarily, and intend this to be a complete and unconditional release of all liability to the greatest extent allowed by law.