Terms and Conditions

 

Limited Liability Information before Registration 

 

By clicking the link below, you agree, warrant and covenant as follows: ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT (“Agreement”) In consideration of being allowed to participate in any way in one or more LXC, Inc. programs, related events and activities (referred to herein as a “LXC Activity” or “LXC Activities” as the context requires), I acknowledge, appreciate, and agree that: General. Risks of LXC Activities include, but are not limited to, injury to the head, neck or spine; injury to muscles, bones, ligaments, tendons and other connective tissues; injury to internal and external organs, loss of or damage to sight, hearing, or teeth; long or short term disability; loss of income, career opportunities or the enjoyment of life and; pain, and scarring or disfigurement.

 

  1. The risks of injury and illness (ex: communicable diseases such as MRSA, influenza, and COVID-19) from the activities involved in this program are significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce these risks, the risks of serious injury and illness do exist; and,
  2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
  3. I willingly agree to 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; and,
  4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS (insert legal name of sports organization) their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
  5.  


The causes of possible injury are many, including but not limited to: injury from bodily contact, incidental or inherent in the nature of the activity; slipping and falling or tripping on surfaces, regardless of physical or environmental conditions; injury from warming up, practicing or training for participation; injury due to supervision or lack of supervision by LXC, Inc. employees or agents, including referees or officials, or to rules or regulations and instructions (or lack thereof) regarding the use of equipment or tools or to the nature of the activity itself, particularly in activities involving contact (or potential contact) with other persons, equipment or balls; or injury due to a disparity among other participants or teams with respect to experience level, strength, height, weight, age, ability, and the relative competitiveness or maturity of, between or among other participants and; malicious acts of other participants, regardless of whether LXC, Inc. had or should have had knowledge of the likelihood of malicious acts by such participant.

The risk of injury from many of the activities is significant, including the potential for permanent paralysis and death, and while particular skills, rules, equipment, and personal discipline may reduce this risk, the risk of serious injury cannot be eliminated. Assumption of Risk. I KNOWINGLY AND FREELY ASSUME ALL RISKS RELATED TO OR ARISING OUT OF ANY LXC ACTIVITY, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (as defined in the next paragraph) or others and assume full responsibility for my participation.

Release from Liability. I, for myself and on behalf of my heirs, assigns, personal representatives, next of kin and whomever else may have an interest either at common law or by operation of statute, HEREBY RELEASE, WAIVE, RELINQUISH, DISCHARGE AND COVENANT NOT TO SUE LXC, Inc., its officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the LXC Activity ("Releasees”), FROM LIABILITY FROM ANY AND ALL CLAIMS FOR ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, SUSTAINED AS A RESULT OF, ARISING OUT OF OR RELATED TO ANY LXC ACTIVITY, to the fullest extent permitted by law. Indemnity. I further agree to indemnify, defend, save, and hold harmless the Releasees from and against any and all claims, demands, liabilities, damages, actions, causes of action, losses, injuries, costs, or expenses, including attorneys’ fees, arising out of or in any manner connected with my participation in any LXC Activity, except to the extent caused solely by the willful misconduct of the Releasees. I acknowledge that the agreements made herein were and will continue to be a material and important consideration and inducement to LXC, Inc.’s admittance of me to any LXC Activity. Representations and Warranties. I represent and warrant I am in good physical condition and able to safely participate in any LXC Activity in which I participate.

I willingly agree to comply with the stated and customary terms and conditions for participation. If 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. I will not exceed my physical abilities during any LXC Activity. I acknowledge that LXC, Inc. has made no recommendations or determinations as to my fitness or ability to participate in any LXC Activity. I represent and warrant that I shall periodically and as needed consult with my physician, and shall not engage in any activity which is more rigorous than that recommended by such physician. I further agree that I will not use any equipment unless and until I have thoroughly familiarized myself with the correct use and operation thereof. I further agree that I shall not participate in any activity if I am ill, in poor health, or have any condition which might make my participation in the activity dangerous to me or if I have reason to believe I am injured or may become injured.

 

 

I hereby give my consent to LXC Sports, its affiliates, subsidiaries, officers, agents and employees to use any photographs and/or video in which I appear, as well as use my name and my words, whether reproduced in written, video or other form, for LXC advertising and marketing purposes. Such materials may be used in written materials or web sites.

I expressly acknowledge that LXC has no obligation to use my voice, likeness or name in connection with any advertising or marketing; and further acknowledge that the LXC may delete, edit, change, and/or rearrange all or any of the foregoing. I acknowledge that any opinion expressed by me during any video is my own, and not the opinion of the Company. I further agree that the statements made by me during videoing are true and correct to the best of my knowledge.

I hereby unconditionally release LXC from and against any and all claims, liabilities, demands, actions, causes of action, costs and expenses, whatsoever, at law or in equity, known or unknown, anticipated or unanticipated, suspected or unsuspected, which I ever had, now have, or may, shall, or hereafter have by any reason, matter, cause or thing whatsoever, arising out of my performances, your photographing me, the broadcast or use of such photographs or recordings, or otherwise.

 

 I represent and warrant to LXC, Inc. that I have full legal authority to complete this registration process and agree to this Agreement. Severability. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Kentucky, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Consumption of alcohol at any LXC sanctioned event is strictly prohibited

I HAVE READ THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, INCLUDING THE RIGHT TO SUE, AND SIGN IT FREELY AND VOLUNTARILY AND INTEND TO COMPLETELY AND UNCONDITIONALLY RELEASE THE LXC SPORTS, INC., NTS DEVELOPMENT COMPANY, UNIVERSITY OF LOUISVILLE AND UNIVERSITY OF LOUISVILLE FOUNDATION FROM ALL LIABILITY IN CONNECTION WITH MY PARTICIPATION IN OR ATTENDANCE OF ANY LXC ACTIVITY.

 

 

This pertains to all LXC locations including NTS, U of L, and the Foundation.

 

LXC Sports and Social Club

812 Lyndon Lane

Suite 202

Louisville, KY 40242

(502) 384-7529

HaveFun@LXCSports.com

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