RELEASE OF LIABILITY

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READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS

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

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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 Volleyball Lessons Tulsa, or the employees, representatives or agents of Volleyball Lessons Tulsa.

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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, my child, or someone else.  I assume full responsibility for personal injury to my child and (if applicable) myself and my family members, and further release and discharge Volleyball Lessons Tulsa for injury, loss or damage arising out of my child's, mine, or my family’s use of or presence upon the facilities of Volleyball Lessons Tulsa and/or event held by Volleyball Lessons Tulsa, whether caused by the fault of myself, my family, Volleyball Lessons Tulsa or third parties. I understand and voluntarily accept and assume all risks, both known and unknown, and agree that Volleyball Lessons Tulsa, its employees, representatives and agents will not be liable for any injury resulting from the negligence of Volleyball Lessons Tulsa or anyone on Volleyball Lessons Tulsa's behalf whether related to the activities or not.

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MEDICAL RELEASE. Always consult with your physician before participating in any sport(s) program or related event. I recognize that I am in good physical condition and have no medical reason or impairment that might prevent me from participating in the activities and/or events held by Volleyball Lessons Tulsa. Furthermore, I agree to stop and consult my healthcare provider if I experience faintness, dizziness, pain, or shortness of breath at any time while participating in any activity and/or event held by Volleyball Lessons Tulsa.

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INDEMNIFICATION. I agree to indemnify and defend Volleyball Lessons Tulsa 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 Volleyball Lessons Tulsa event and/or use of or presence upon the facilities of Volleyball Lessons Tulsa.

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

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

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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 Volleyball Lessons Tulsa 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.

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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.

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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.

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MEDIA RELEASE. I recognize that there may be photos and videos taken while participating or being in close proximity to Volleyball Lessons Tulsa activities and/or events. Volleyball Lessons Tulsa 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 Volleyball Lessons Tulsa in writing if I would like a photo of myself removed.

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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 Volleyball Lessons Tulsa member, employee, representative or agent immediately. 

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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.

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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.

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