CUSTOMER AGREEMENT, RELEASE, ASSUMPTION OF RISK, WAIVER OF LIABILITY,
INDEMNIFICATION, AND LICENSE AGREEMENT
This Customer Agreement, Release, Assumption of Risk, Waver of Liability,
Indemnification, and License Agreement (the "Agreement") is entered into
on the date this Agreement is executed by the Adult Participant as
identified by signature below, and if any minor(s) is/ are named below,
the Adult Participant on behalf of and as parent or legal guardian for
the Child Participant(s) as identified below in favor of Century Cricket
US HoldCo LLC, a Delaware limited liability company and its Protected
Parties as defined below (collectively, "Century Cricket"). Collectively
and severally, Adult Participant and Child Participant are referred to
as the Participant. In consideration of Century Cricket permitting
Participant to enter the Premises and participate in the Activities, as
defined below, including any of those Activities that may occur in, on,
about, or near a Century Cricket facility located in Houston, Texas (the
"Premises") or any other premises wherever located, Participant agrees
as follows:
1. NATURE OF THE ACTIVITIES.
Century Cricket is a cricket sports training facility that allows
Participants the opportunity to participate actively or passively, in
some or all of the following activities: batting, bowling, running, gym
exercises such as weight training and cardio; use of any equipment or
attractions; instruction; training; classes; observation; use of the
locker room area; use of any portion of the Premises, including, but not
limited to, the associated sidewalks and parking lots; and any
competition, event, or program sponsored by or affiliated with the
Protected Parties as defined here (collectively, "Activities"). These
Activities can provide benefits, including pleasure, improved physical
fitness, increased energy, and other health and ancillary benefits. It
is important that the Participants know that the Activities are active
and vigorous and, consequently, involve some risks of injury that are
inherent to the activity. Even though Century Cricket: (a) has designed
the facility with safety in mind; (b) provides instruction in some
Activities; (c) provides general supervision of Activities; and (d) has
developed rules and policies that focus on safety, it is impossible to
eliminate all risk and possibility of injury.
2. TYPES OF RISKS.
2.1 Risks Associated with Activities.
Participant acknowledges there are inherent risks in and injuries that
may occur from participating in the Activities, including, but not
limited to, equipment malfunction; defective design or manufacture of
equipment; improper or negligent installation of equipment; negligent
maintenance of equipment; cuts; bruises; muscle strain; twisted or
sprained ankles, knees, shoulders, or wrists; burns; dirt or other
materials in eye; concussions; broken bones; physical or emotional
injuries; over-exertion; collisions with other participants; erratic
co-participant behavior; collisions with standards and supports; using
improper form or technique; slipping, falling, or tripping; equipment
failure; error of judgment by employees; paralysis, disability, or
death; personal injury to third persons; or property damage.
Participant's participation in the Activities supplied by Century
Cricket is inherently dangerous and may involve risk. There are risks
specifically associated with participation in the Activities, including
but not limited to being hit by a cricket bat or ball, including being
hit in the head by a bat or ball, falling or tripping over a cricket
ball, becoming entangled in the cricket nets, or colliding with other
participants, and accidents can and often do happen which may result in
personal injury, death or property damage. Prior to undertaking any such
Activities, Participant should ensure Participant is aware of all the
risks involved, including those risks associated with any health
condition Participant may have. By agreeing to these terms and
conditions, Participant acknowledges, agrees, and understands that
participation in the Activities provided by Century Cricket may involve
risk. Participant agrees and undertakes any such risk voluntarily and at
Participant's own risk. Participant will not participate in the
Activities while intoxicated or affected by drugs. Participant
acknowledges that the assumption of risk and warning above constitutes a
'risk warning' in accordance with relevant legislation. Due to the
nature of the Activities, there are more hazards and risks than the
foregoing, and there are also unknown and unforeseeable hazards. If you
have any questions, please contact a manager before purchasing
admission.
2.2 Exposure to Bacteria, Fungus, Virus and Unknown Contagious Diseases.
By entering the Premises or when engaging in the Activities, there is a
risk of exposure to bacteria, fungus, viruses, unknown contagious
diseases and COVID-19, which notwithstanding governmental
recommendations and the practices of Century Cricket, cannot be
eliminated. CONSEQUENTLY, TO THE FULLEST EXTENT PERMITTED BY LAW,
PARTICIPANT KNOWINGLY AND FULLY ASSUMES THE RISK OF, RELEASES, AND SHALL
INDEMNIFY CENTURY CRICKET FROM ALL CLAIMS (AS DEFINED IN SECTION 5
BELOW) OR BODILY INJURY RESULTING FROM PARTICIPANT'S EXPOSURE TO ANY
BACTERIA, FUNGUS, VIRUS, UNKNOWN CONTAGIOUS DISEASES OR COVID-19 AND IN
ANY WAY CONNECTED TO PARTICIPANT'S ENTRY INTO THE PREMISES OR ENGAGEMENT
IN THE ACTIVITIES. FURTHER, ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF
AND THAT OF THE CHILD PARTICIPANT(S) CONSENTS TO HAVING THEIR
TEMPERATURE TAKEN BY CENTURY CRICKET AND ACKNOWLEDGES THEY MAY BE DENIED
ACCESS TO OR FORCED TO VACATE THE PREMISES IF THEY EVIDENCE SYMPTOMS OF
EXPOSURE TO BACTERIA, FUNGUS, VIRUSES, UNKNOWN CONTAGIOUS DISEASES OR
COVID-19 AS IDENTIFIED BY THE CENTER FOR DISEASE CONTROL AND PREVENTION.
3. TYPES OF INJURIES.
It is important that the Participants understand the three types of
injuries that can occur when participating in the Activities. First is
the minor injury. This type includes, but is not limited to, muscle
strains and sprains, bruises, abrasions, and contusions. The second type
of injury is a serious injury. Examples of serious injuries are broken
bones, ligament and joint injuries, concussions, and eye injuries. The
third type of injury is the catastrophic injury. Some examples of
catastrophic injury are brain injury, paralysis, heart attack, and
death. PARTICIPANT ON HIS/HER OWN BEHALF AND AS THE PARENT OR LEGAL
GUARDIAN OF THE CHILD PARTICIPANT(S), ACKNOWLEDGES THAT HE/SHE IS AWARE
OF, AND VOLUNTARILY ASSUMES, ALL SUCH RISKS.
4. ASSUMPTION OF RISKS.
A. Participant on his/her own behalf and as the parent
or legal guardian of the Child Participant(s), warrants that Participant
has read this Agreement in its entirety, acknowledges that the
Activities contain inherent risks that vary with the Activity,
understands the demands of the Activities relative to Participant's
physical condition and skill level, appreciates the types of injuries
that may occur as a result of the Activities, and those injuries'
potential impact on our safety, well-being, and lifestyle, and asserts
that participation is voluntary and that all Participants knowingly
assume all risks inherent with the Activities. PARTICIPANT ACKNOWLEDGES
THAT THE PROTECTED PARTIES (AS DEFINED BELOW) WILL NOT HAVE ANY
RESPONSIBILITY FOR ANY INJURY TO PARTICIPANT OR PAY FOR ANY COST OR
EXPENSES INCURRED BY PARTICIPANT IF PARTICIPANT IS INJURED.
B. Participant agrees to exercise ordinary and
reasonable care always, and not to consume alcohol to the extent that
Participant's judgment is impaired. Participant understands the
potential risks associated with the consumption of alcohol and
acknowledges that Participant does not have or is not aware of any
medical condition(s) that would prevent Participant from consuming
alcohol or would result in any injury or damage to Participant because
of Participant's consumption of alcohol. Participant assumes the risks
associated with alcohol consumption and takes full responsibility for
Participant's own actions, safety, and welfare. NOTWITHSTANDING ANYTHING
IN THIS AGREEMENT TO THE CONTRARY, ANY FEES PAID BY PARTICIPANT FOR
ENTRY INTO THE PREMISES, OR ANY REPRESENTATIONS MADE BY ANY EMPLOYEES,
IN ABSOLUTELY NO EVENT WILL PARTICIPANT PARTICIPATE IN ANY ACTIVITIES
ONCE THE PARTICIPANT HAS CONSUMED ANY ALCOHOL.
5. RELEASE OF CLAIMS.
In full appreciation of the foregoing risks, and in consideration for the
right to use, access, and enjoy the Premises and voluntarily participate
in the Activities, TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT
(AND ON BEHALF OF ANY CHILD PARTICIPANT) AND THEIR HEIRS, EXECUTORS, AND
REPRESENTATIVES RELEASES AND AGREES NOT TO SUE CENTURY CRICKET AND ITS
PARENTS, SUBSIDIARIES AND AFFILIATES, CENTURY CRICKET'S LANDLORD
("LANDLORD"), LANDLORD'S MORTGAGEES AND MANAGEMENT COMPANY OF THE
PREMISES, AND ANY OF THEIR AFFILIATES OR SUBSIDIARIES, RESPECTIVE
OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS,
EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS,
INDEPENDENT CONTRACTORS, EQUIPMENT PROVIDERS, AND INSURERS OF ALL OF
THEM (COLLECTIVELY, THE "PROTECTED PARTIES") FROM AND AGAINST ALL
LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF
ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES
AND COURT OR OTHER COSTS) RELATING TO, RESULTING FROM, OR ARISING OUT OF
OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY BODILY INJURY
TO, DISABILITY, OR DEATH OF PARTICIPANT OR DAMAGE TO OR LOSS OF
PARTICIPANT'S PROPERTY: (A) THAT MAY ARISE IN CONNECTION WITH
PARTICIPANT'S USE OF THE PREMISES OR DURING OR RELATING TO PARTICIPANT'S
PARTICIPATION, WHETHER ACTIVELY OR PASSIVELY, IN THE ACTIVITIES; (B)
OCCURRING IN OR ABOUT THE PREMISES (INCLUDING THE PREMISES) WHERE ANY OF
THE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT
OR ANYONE ELSE, OR IN TRANSPORTATION TO AND FROM ANY OF THE ACTIVITIES;
(C) RESULTING FROM DAMAGE TO, LOSS OF, OR THEFT OF PERSONAL PROPERTY OF
PARTICIPANT AND DUE TO THE NEGLIGENCE OF THE PROTECTED PARTIES; OR (D)
RESULTING FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT
OR ANY OTHER INVITEE OF CENTURY CRICKET. THE RELEASE CONTAINED IN THIS
PARAGRAPH, INCLUDING ALL SUBPARTS, WILL APPLY EVEN IF ANY SUCH INJURY OR
DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR STRICT
LIABILITY OF THE PROTECTED PARTIES OR PARTICIPANT.
6. INDEMNITY.
ADULT PARTICIPANT, ON BEHALF OF HIMSELF AND HIS HEIRS, ASSIGNS, EXECUTORS
AND REPRESENTATIVES AGREES TO INDEMNIFY, DEFEND, RELEASE, AND HOLD
HARMLESS THE PROTECTED PARTIES FROM AND AGAINST ALL CLAIMS, CAUSES OF
ACTION, SUITS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, LIENS,
JUDGMENTS, SETTLEMENTS, PROCEEDINGS, COSTS, FEES, AND EXPENSES
(INCLUDING REASONABLE ATTORNEYS' FEES AND COURT OR OTHER COSTS) OF ANY
NATURE WHATSOEVER FOR OR RELATING TO INJURY, DEATH, AND DISABILITY,
BODILY INJURY, OR PROPERTY DAMAGE IN ANY WAY RESULTING FROM, RELATING
TO, OR CAUSED BY (WHETHER IN WHOLE OR IN PART) ANY OF THE FOLLOWING
MATTERS (WHICH NECESSARILY INCLUDE ALL CLAIMS THAT DO OR MAY BELONG TO
THE CHILD PARTICIPANT(S)): (A) PARTICIPANT'S ACTS, OMISSIONS, OR
PRESENCE ON OR ABOUT ANY PART OF THE PREMISES OR OTHER PREMISES WHERE
ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR
ANYONE ELSE; (B) PARTICIPANT'S ACTIVE OR PASSIVE PARTICIPATION IN, OR
OBSERVANCE OF, ANY OF THE ACTIVITIES; (C) ANY CLAIMS ARISING OUT OF THE
NEGLIGENT ACTS OR OMISSIONS OF THE PROTECTED PARTIES, PARTICIPANT, OR
ANY GUEST OR INVITEE OF THE PROTECTED PARTIES, PARTICIPANT, OR ANY OTHER
PERSON PARTICIPATING IN ACTIVITIES ON THE PREMISES; (D) PARTICIPANT'S
USE OF ANY FIXTURES, EQUIPMENT, OR PERSONAL PROPERTY IN, ON, OR ABOUT
PREMISES OR OTHER PREMISES WHERE ACTIVITIES ARE TAKING PLACE, CONDUCTED,
OR PERFORMED BY PARTICIPANT OR ANYONE ELSE; OR (E) PARTICIPANT'S
CONSUMPTION OF ALCOHOL AT THE PREMISES. THE INDEMNITY CONTAINED IN THIS
PARAGRAPH, INCLUDING ALL SUBPARTS, WILL APPLY EVEN IF ANY SUCH INJURY,
LOSS, DISABILITY, DEATH, OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE
NEGLIGENCE OR STRICT LIABILITY OF THE PROTECTED PARTIES OR PARTICIPANT,
BUT WILL NOT APPLY TO THE EXTENT ANY SUCH INJURY OR DAMAGE IS CAUSED BY
THE WILLFUL MISCONDUCT OF THE PROTECTED PARTIES.
7. DISPUTE RESOLUTION.
A. ARBITRATION. Any dispute or claim arising out of or
relating to this Agreement, breach thereof, the Premises, Activities,
property damage (real or personal), personal injury (including death),
or the scope, arbitrability, or validity of this Agreement (each, a
"Dispute") will be brought by the parties in their individual capacity
and not as a plaintiff or class member in any purported class or
representative capacity. This Agreement will be governed by and
construed in accordance with the internal laws of the State of Texas
without giving effect to any choice or conflict of law provision or
rule. Each party irrevocably submits to the exclusive jurisdiction and
venue of the federal and state courts located in the State of Texas in
any legal suit, action, or proceeding arising out of or based on this
Agreement, a Dispute, or the Activities. If either party files suit in
violation of this paragraph (except to toll the statute of limitations),
the party will reimburse the other for their costs and expenses,
including attorneys' fees, incurred in seeking abatement of the suit and
enforcement of this paragraph.
B. WAIVER OF JURY TRIAL. TO THE FULLEST EXTENT PERMITTED
BY LAW, ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF AND THE CHILD
PARTICIPANT AND CENTURY CRICKET KNOWINGLY AND VOLUNTARILY, WITH FULL
AWARENESS OF THE LEGAL CONSEQUENCES, AFTER CONSULTING WITH COUNSEL (OR
AFTER HAVING WAIVED THE OPPORTUNITY TO CONSULT WITH COUNSEL) AGREE TO
WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY THE RIGHT TO A TRIAL BY JURY IS
A RIGHT PARTIES WOULD OR MIGHT OTHERWISE HAVE HAD UNDER THE
CONSTITUTIONS OF THE UNITED STATES OF AMERICA AND THE STATE OF
MINNESOTA.
8. ACKNOWLEDGMENTS BY PARTICIPANT.
Participant acknowledges on behalf of him/herself and the Child
Participant(s) that Participant would not be granted access to the
Premises or the ability to participate in the Activities but for these
acknowledgments:
- Child Participant(s) and Adult Participant possess a sufficient
level of skill and physical fitness for safe participation in the
Activities. Participant also agrees to attempt only activities that
Participant feels he can perform safely. Further, Participant agrees
to stay in areas that will not place Participant in undue danger.
- Neither Adult Participant nor the Child Participant(s) has any
health problems that would prevent Participant from participating in
the Activities.
- Participant has either received medical clearance from his/her
physician before participation in the Activities or has determined
that clearance is not necessary for his/her safe participation in
the Activities.
- Century Cricket may (but will not be obligated or required to)
administer to Participant emergency aid, CPR, and use an AED
(defibrillator) when deemed necessary by Century Cricket.
- Century Cricket may (but will not be obligated or required to)
secure emergency medical care or transportation (e.g., EMS) when
deemed necessary by Century Cricket and Participant will assume all
costs of emergency medical care and transportation.
- It is Participant's duty to inform Century Cricket and cease
participation in the Activities if Participant should feel any
unusual discomfort (e.g., faintness, shortness of breath, high
anxiety, chest pains).
- Century Cricket may (but will not be obligated or required to)
terminate Participant's participation when it determines Participant
is incapable of safely participating in the Activities.
- Participant agrees to obey all safety rules while participating in
the Activities and alert the staff of any rules violations or
dangerous behavior.
9. AUTHORITY.
As the parent or legal guardian of the Child Participant(s), the
undersigned represents to the Protected Parties that s/he has legal
capacity and authority to act for and on behalf of the Child
Participant(s), and agrees to INDEMNIFY AND DEFEND THE PROTECTED PARTIES
FROM AND AGAINST ALL CLAIMS OR LIABILITIES RESULTING FROM OR RELATING TO
ANY INSUFFICIENCY OF THE UNDERSIGNED'S LEGAL CAPACITY OR AUTHORITY TO
ACT FOR OR ON BEHALF OF THE CHILD PARTICIPANT(S) IN THE EXECUTION OF
THIS AGREEMENT.
10. MISCELLANEOUS TERMS.
Capitalized terms will have the meaning set forth herein. This Agreement
constitutes the entire agreement between the Protected Parties and the
Participant, supersedes any and all previous oral or written promises or
agreements, and may only be modified in writing. The Participant further
expressly agrees that this Agreement is intended to be as broad and
inclusive as is permitted by the laws of the State of Texas and that if
any portion thereof is held invalid, it is agreed that the balance will,
notwithstanding, continue in full legal force and effect. By signing
below, Participant authorizes Century Cricket to communicate with
Participant via email with updates, news, advertisements, and offers.
Wherever any words are used herein in the masculine or feminine gender,
they will be construed as though they were also used in another gender
in all cases where they would so apply.
11. ACKNOWLEDGMENT & UNDERSTANDING.
Participant represents to the Protected Parties that Participant
thoroughly understands this is a complete and final release and
indemnity agreement, that Participant is voluntarily entering into this
Agreement, and no representations, promises, or statements made by any
of the Protected Parties have influenced Participant in signing this
Agreement. Participant agrees that there are no oral agreements,
representations, promises, or warranties that are not expressly set
forth herein and that Participant is not relying on any statements or
representations of the Protected Parties that are not expressly
contained herein. Participant acknowledges that Participant has read
this Agreement in its entirety, fully understands its terms, and
understands that s/he is giving up substantial rights herein, including
his/her right to sue. Participant acknowledges that Participant is
signing this Agreement freely and voluntarily, and intends by
Participant's signature, to completely and unconditionally release the
Protected Parties from all liability due to ordinary negligence and the
inherent risks of the Activities to the greatest extent permitted by the
laws of the State of Texas.
12. LICENSE.
For good and valuable consideration the receipt of which is hereby
acknowledged, Adult Participant on behalf of him/ herself and the Child
Participant irrevocably grants Century Cricket and all franchisees,
affiliates, and corporate stores of Century Cricket (collectively and
severally, the "Company") and Company's assigns, licensees, and
successors the right to use all or a portion of my image (including real
and personal property owned by me) and name in all forms and media
including composite or modified representations for all purposes,
including advertising, trade, or any commercial purpose throughout the
world and in perpetuity. ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF AND
THE CHILD PARTICIPANT WAIVES THE RIGHT TO INSPECT OR APPROVE VERSIONS OF
IMAGES USED FOR PUBLICATION OR THE WRITTEN COPY THAT MAY USED IN
CONNECTION WITH THE IMAGES. ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF
AND THE CHILD PARTICIPANT RELEASE COMPANY AND COMPANY'S ASSIGNS,
LICENSEES, AND SUCCESSORS FROM ANY CLAIMS THAT MAY ARISE ABOUT THE USE
OF PARTICIPANT'S STATEMENTS OR IMAGES, INCLUDING ANY CLAIMS OF
DEFAMATION, INVASION OF PRIVACY, OR INFRINGEMENT OF MORAL RIGHTS, RIGHTS
OF PUBLICITY, OR COPYRIGHT. Company is permitted, although not
obligated, to include my name as a credit in connection with the image.
Company is not obligated to utilize any of the rights granted in this
Agreement.
IF I AM SIGNING THIS DOCUMENT ON BEHALF OF MY SPOUSE, CHILD,
FAMILY MEMBER, FRIEND, MINOR CHILD, OR OTHER PERSON, I EXPRESSLY
WARRANT AND REPRESENT TO CENTURY CRICKET THAT I HAVE SUCH PERSON'S
ACTUAL AND IMPLIED AUTHORITY TO EXECUTE THIS AGREEMENT ON THEIR
BEHALF, INCLUDING, BUT NOT LIMITED TO, THE ARBITRATION CLAUSE,
WAIVER AND RELEASE, AND INDEMNITY AGREEMENT.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT. I HAVE
READ AND UNDERSTOOD THIS AGREEMENT AND I AGREE TO BE BOUND BY ITS
TERMS.