LIABILITY

Member/Parent or Guardian of Minors: I am/We are aware that playing or practicing to play or participate in any activities (further known as an “Activity”) can be dangerous involving or can involve many risks of injury. I/We understand that the dangers and risks of playing or practicing to participate in any Activity with this organization can include, but are not limited to, death, serious neck and spinal injuries, and other serious injuries or impairment to other aspects of my/our body, general health, and well being. I/We recognize the importance of following the direction regarding playing techniques, training, and other team rules, etc., and do agree to obey such instruction. In consideration of the acceptance of my/our participation in this Activity with the organization, Dark Sky Percussion, I agree on behalf, and on the behalf of my family or group listed below, release and forever discharge the released parties defined below, of and from any liabilities, claims, actions, damages (including bodily injury, death, or property damage) costs or expenses of any nature arising out of or in any way connected with my participation or the participation of our family or group listed below in such Activity with this organization, and further agree to indemnify and hold each of the released parties harmless against any and all such liabilities, claims, actions, damages, costs, or expenses, including but not limited to, all attorney’s fees and disbursements. The released parties are Dark Sky Percussion and it’s related and affiliated companies and/or entities (to include: any and all School Districts, and affiliated host sponsoring school and/or facility whether public and/or private) including without limitation, directors, agents, representatives, agent representatives, staff, volunteers, successors, and assigns of each of the foregoing entities. I/We understand that this release and indemnity agreement includes any claims based on the negligence, action, or inaction of the above released parties and covers bodily injury (including death) and property damage whether suffered by myself or anyone in my family or group listed below, before, during, or after participation. I/We further authorize medical treatment for myself and the members of my family or group listed below, at my cost, if the need arises. As additional consideration of the acceptance of my/our participation or the participation of my family member listed below in an Activity with this organization, I/we further grant the released parties the right to photograph or video tape me and the members of my family or group listed below, in connection with the Activity or otherwise, and further to use our names, faces, likeness, voices, and appearance in connections with exhibitions, publicity, advertising, and promotional materials without reservation or limitation. The released parties are, however, under no obligation ton exercise said rights herein granted. I certify that I am 18 years of age or older and/or that I am the parent or legal guardian of the minor listed below. If any part of this release and indemnity agreement is declared unenforceable by court of law, such declaration shall not affect the remainder. Adults (only an adult in the family or group 18 years or older) may/must/can execute this agreement.