In consideration of being permitted to participate in any way in sand volleyball games, tournaments, leagues, pickup events (including community-hosted pickup), practices, and related activities coordinated, recorded, organized, or hosted through Sandline (collectively, the "Activities"), I, the participant ("Participant"), enter this Agreement with Joe Haulman, an individual doing business as "Sandline Tulsa" ("Sandline"). Sandline, its employees, volunteers, agents, assistants, sponsors, community hosts, and event organizers, together with the owners and operators of any facility or premises at which the Activities occur, are collectively the "Released Parties." I acknowledge, agree, and represent as follows: 1. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS. I understand that sand volleyball is a physical, athletic activity that involves INHERENT AND OTHER RISKS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH, which may be caused by my own actions or inactions, the actions or inactions of others, the rules of play, or the condition of the premises or equipment. Those risks include, without limitation: collisions with other players, spectators, poles, nets, boundary lines, fences, or other objects; falls, dives, jumps, awkward landings, sprains, strains, fractures, dislocations, and contact with the ball; uneven, soft, hot, or debris-containing sand and other surface or premises conditions; heat-related illness, sun exposure, dehydration, and outdoor weather conditions, including sudden storms and lightning; the condition, placement, and maintenance of equipment, whether provided by the Released Parties, the facility, or other participants; communicable diseases and illnesses transmissible through close contact; the negligence of other participants, spectators, or third parties; and my own physical condition, skill level, and fatigue. I FULLY ACCEPT AND ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN, and all responsibility for losses, costs, and damages I incur as a result of my participation in the Activities, even if arising from the negligence of the Released Parties. 2. RELEASE AND WAIVER OF CLAIMS. I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES from and for any and all claims, demands, causes of action, damages, losses, or expenses (including attorneys' fees) of any kind arising out of or related to my participation in the Activities, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, to the fullest extent permitted by Oklahoma law. This release does not extend to claims arising from gross negligence, or willful, wanton, or intentional misconduct, or any other liability that may not be waived as a matter of law. 3. INDEMNIFICATION. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, damages, losses, and expenses (including reasonable attorneys' fees) brought by or on behalf of me, my spouse, family, heirs, or estate, or by any third party, arising out of or related to my participation in the Activities or my breach of this Agreement. 4. REPRESENTATION OF FITNESS; NO INSURANCE. I represent that I am in good health and proper physical condition to participate in the Activities and that I am not under the influence of alcohol or any drug that would impair my ability to participate safely. I understand that the Released Parties do not provide health, medical, or disability insurance of any kind, and I am solely responsible for any medical or other costs arising from my participation. 5. MEDICAL TREATMENT AUTHORIZATION. I authorize the Released Parties to obtain or provide emergency medical care or transportation on my behalf if I am injured or incapacitated, and I agree to be financially responsible for all costs of such care or transportation. This authorization does not obligate the Released Parties to provide such care. 6. PHOTO, VIDEO, AND MEDIA RELEASE. I grant the Released Parties the irrevocable right to photograph, film, and record me during the Activities and to use my name, image, likeness, and voice in any media, including social media and promotional materials, without compensation, notice, or further consent. If I do not wish to appear in promotional media, I will notify the event organizer in writing before participating, and reasonable efforts will be made to honor that request. 7. COMPLIANCE WITH RULES. I agree to follow all posted and announced rules, the directions of event organizers, and all facility policies. The Released Parties reserve the right to remove any participant from the Activities for unsafe or inappropriate conduct, without refund. 8. ELIGIBILITY. Participants must be at least eighteen (18) years of age. I represent that I am at least 18 years old and legally competent to enter into this Agreement, and that I accept it freely and voluntarily without inducement. 9. GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT. This Agreement is governed by the laws of the State of Oklahoma. Exclusive venue for any dispute arising under this Agreement shall lie in the state or federal courts located in Tulsa County, Oklahoma. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable. This Agreement is the entire agreement between the parties on its subject matter and is intended to be binding on me and my heirs, executors, administrators, and assigns. 10. ELECTRONIC ACCEPTANCE. I agree that this Agreement may be accepted electronically, including by checking the acceptance box and submitting my registration, and that such electronic acceptance has the same force and effect as a handwritten signature under the Oklahoma Uniform Electronic Transactions Act. I HAVE READ THIS AGREEMENT, I FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I ACCEPT IT FREELY AND VOLUNTARILY.
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