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RELEASE OF LIABILITY

READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS

In exchange for participation in a game, event, or activity (an “Event”) organized by CliqueSand LLC, and/or use of the property, facilities and services of CliqueSand LLC, I agree for myself and (if applicable) for the members of my family to the following:


AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow all oral instructions or directions given by CliqueSand LLC, or the employees, representatives or agents of CliqueSand LLC.


ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks, potentially serious, associated with the above described activity, and/or event, whether caused by myself or someone else. I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge CliqueSand LLC for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of CliqueSand LLC and/or event held by CliqueSand LLC, whether caused by the fault of myself, my family, CliqueSand LLC or third parties. I understand and voluntarily accept and assume all risks, both known and unknown, and agree that CliqueSand LLC, its employees, representatives and agents will not be liable for any injury resulting from the negligence of CliqueSand LLC or anyone on CliqueSand LLCs behalf whether related to the activities or not.


MEDICAL RELEASE. Always consult with your physician before participating in any sport(s) program or related event. I recognize that the participant is in good physical condition and has no medical reason or impairment that might prevent them from participating in the activities and/or events held by CliqueSand LLC. Furthermore, I agree to stop and consult their healthcare provider if they experience faintness, dizziness, pain, or shortness of breath at any time while participating in any activity and/or event held by CliqueSand LLC.


INDEMNIFICATION. I agree to indemnify and defend CliqueSand LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s presence during a CliqueSand LLC event and/or use of or presence upon the facilities of CliqueSand LLC.


FEES. I agree to pay for all damages to the facilities of CliqueSand LLC and/or any property of CliqueSand LLC caused by any negligent, reckless, or willful actions by me or my family.


CONSENT. I consent to the participation in the event organized by CliqueSand LLC, and agree on behalf of the below minor to all of the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of the participant.


MEDICAL AUTHORIZATION. In the event of an injury to the below minor during the above described activity, and/or event, I give my permission to CliqueSand LLC or to the employees, representatives or agents of CliqueSand LLC to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on the below written date and will remain in effect until the above described activity and/or event is completed. CliqueSand LLC shall have the following powers:


a. The power to seek appropriate medical treatment or attention on behalf of the participant as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;


b. The power to authorize medical treatment or medical procedures in an emergency situation; and


c. The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.


APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Oklahoma law.

NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that CliqueSand LLC has offered to refund any fees I have paid to use its facilities and/or registered events if I choose not to sign this Agreement.


ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party base upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.


ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be part of this Agreement.


MEDIA RELEASE. I recognize that there may be photos and videos taken while participating or being in close proximity to CliqueSand LLC activities and/or events. CliqueSand LLC and sponsors have my permission to use these photos on social media sites, their websites, and other materials they feel necessary. I understand that I can contact CliqueSand LLC in writing if I would like a photo of myself removed.


HAZARD AWARENESS. If I observe any unusual significant hazard during my presence and/or participation, I will remove myself from participation and bring such to the attention of the nearest CliqueSand LLC member, employee, representative or agent immediately. I  understand that the possession or consumption of illegal substances is prohibited at all city and private events hosted by CliqueSand LLC. The use of drugs or alcohol is hazardous and brings serious risk to an already risk adversed activity. Therefore, I assume full responsibility for any injury sustained while under the influence of any form of drug or alcohol. I understand that by not following the rules of the game, or by playing while intoxicated, or if there is any suspicion of intoxication, I will not be allowed to play and will not receive a refund.


DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.


Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.


EMERGENCY CONTACT. In case of an emergency, please call:

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.

For Parents/Guardians of Participants of Minority Age


THIS IS TO CERTIFY THAT I, AS PARENT/GUARDIAN WITH LEGAL RESPONSIBILITY FOR THIS PARTICIPANT DO CONSENT AND AGREE TO HIS/HER RELEASE AS PROVIDED ABOVE OF ALL THE RELEASEES, AND, FOR MYSELF, MY CHILD AND OUR HEIRS, ASSIGNS, AND NEXT OF KIN, I RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM ANY AND ALL LIABILITIES INCIDENT TO MY MINOR CHILD’S INVOLVEMENT OR PARTICIPATION IN THESE ACTIVITIES AND/OR EVENTS AS PROVIDED ABOVE, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, TO THE FULLEST EXTENT PERMITTED BY LAW. I ALSO CERTIFY THAT THE RESPONSES BELOW ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.

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