Open Play

September 7th 2024, I (or my dependent) am (is) participating in the Asian American Day Festival event (the “Event”) today at Boston Commons (the “Premises”) and recognize that the Event may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities. I hereby represent and warrant that (i) I am at least eighteen (18) years of age or older; (ii) I (or my dependent) am (is) in good health and in proper physical condition to participate in the Event; and (iii) I (or my dependent) am (is) not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my (or my dependent’s) ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I (or my dependent) am (is) sufficiently fit and healthy enough to participate in the Event, that I am responsible for my (or my dependent’s) safety and wellbeing at all times and under all circumstances while at the Event. I represent and warrant that I (or my dependent) am (is) in good physical health and condition; am (is) medically fit to engage in physical activity, and do (does) not suffer from any known disability or condition which would prevent or otherwise limit my full participation in the Event. I agree to be familiar with and to abide by the Rules and Regulations established for the Event, and any safety regulations established for the benefit of all participants. I accept sole responsibility for my own (or my dependent’s) conduct and actions while participating in the Event. In addition, I am fully aware of the risks and hazards connected with the participation in the Event including, but not limited to, physical injury or even death. I hereby elect to voluntarily participate in this program knowing that the associated physical activity may be hazardous to me and/or my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OR LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY BE SUSTAINED BY ME (OR MY DEPENDENT) OR LOSS OR DAMAGE TO PROPERTY OWNED BY ME (OR MY DEPENDENT), AS A RESULT OF PARTICIPATION IN THIS EVENT. I hereby release, waive, discharge, and covenant not to sue Rio Negro Investment Partners LLC (“PongSpace”), American Youth Table Tennis Organization (“AYTTO”), The City of Boston, Joola USA, and/or any of their officers, agents, consultants, volunteers, members, affiliates, shareholders, partners (including partners or partners), subsidiaries, related entities and any successors and assigns of such entities and employees, immediately from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury (including, but not limited to, death) that may be sustained by me (or my dependent), or to any property belonging to me (or my dependent), while participating in the Event, or while on or upon the Premises where the event is being conducted including, but not limited to, any claims arising under negligence. It is my expressed intent that this waiver and release shall bind any and all members of my family including, but not limited to, my spouse, if I am alive, and my heirs, assigns, and personal representatives, if I am deceased. It is also my expressed intent that this waiver and release shall also be deemed a full release, waiver, discharge, and covenant not to sue insofar as my aforementioned family members, heirs, assigns, and personal representatives are concerned. I hereby further agree that this waiver and release shall be constructed in accordance with the laws of the State of Massachusetts. IN SIGNING THIS WAIVER AND RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I HAVE READ THE FOREGOING CAREFULLY, UNDERSTAND ITS TERMS AND CONDITIONS, ACKNOWLEDGE THAT I WILL BE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT (INCLUDING THE RIGHTS OF MY SPOUSE, CHILDREN, GUARDIANS, HEIRS AND NEXT OF KIN, AND ANY LEGAL AND PERSONAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS), ACKNOWLEDGE THAT I HAVE SIGNED IT WITHOUT ANY INDUCEMENT, ASSURANCE, ORAL REPRESENTATION OR GUARANTEE, AND INTEND FOR MY SIGNATURE TO SERVE AS CONFIRMATION OF MY COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE TERMS, CONDITIONS AND PROVISIONS OF THIS WAIVER AND RELEASE. I FURTHER AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY THE INDEMNITEES FROM ALL LIABILITY, LOSS, COST, CLAIM, OR DAMAGE WHATSOEVER WHICH MAY BE IMPOSED UPON THE INDEMNITEES DUE TO ANY DEFECT, OR LACK OF SUCH CAPACITY, TO ACT AND RELEASE THE INDEMNITEES ON BEHALF OF THE MINOR AND THE PARENTS OR LEGAL GUARDIAN. I HEREBY SIGN THIS DOCUMENT OF MY OWN FREE WILL FOR VALUABLE CONSIDERATION, INTENDING TO BE BOUND BY THE SAME.