Shine Sports LLC – Rave Netz System

RELEASE OF LIABILITY AGREEMENT

1. Acknowledgment and Assumption of Risks:

Participants acknowledge that using the Helionet system involves inherent risks and dangers, including but not limited to physical injury (sprains, strains, fractures), equipment malfunction, and environmental hazards. Participants expressly assume all risks associated with such activities, whether foreseen or unforeseen.

2. Non-Toxic Paint Products - Detailed Safety and Liability:

Participants are informed that the paint used in the Helionet system is certified as non-toxic and designed for safe use in sports environments. Despite its safety rating, the paint may cause temporary staining or irritation in rare cases. Detailed instructions for eye exposure (20-minute warm water rinse) and skin contact are provided. Participants agree to follow all safety guidelines related to paint use and waive any claims against Shine Sports LLC for paint-related incidents, barring gross negligence on the part of the company.

3. LED Lighting - Specific Seizure Warning and Liability Waiver:

Participants are warned about the potential for seizures or other neurological reactions to flashing LED lights. The system’s LED lights operate within specific frequency parameters, which are detailed in the agreement. Participants with a history of photosensitivity or seizures must disclose this and may request modified lighting arrangements. Shine Sports LLC disclaims liability for any seizure or neurological incident related to LED lights, provided that they adhere to safety and operational standards.

4. Lasers - Eye Safety and Informed Consent:

The Helionet system’s laser components are described in detail, including their operational wavelength, intensity, and safety features. Participants are informed about the potential risks of direct or indirect eye exposure to laser beams. Comprehensive safety guidelines for avoiding eye exposure are included. Participants consent to the use of lasers with full knowledge of these risks and agree to follow all safety instructions.

5. Smoke Machine - Respiratory Health Acknowledgment:

Participants are informed about the composition of the smoke produced by the machine, including any potential allergens or irritants. Detailed guidelines for safe exposure to smoke effects are provided. Participants with respiratory conditions such as asthma are advised to take precautionary measures and have the option to request a smoke-free environment. Shine Sports LLC commits to using only certified non-toxic smoke fluids and maintaining the smoke machine in accordance with safety standards.

6. UV Light - Detailed Exposure Information and Consent:

The specific range of UV light used in the Helionet system is detailed, along with its typical applications and safety ratings. Participants are informed about the potential long-term effects of UV exposure and safety measures in place to minimize risk. Participants with known sensitivity to UV light must disclose this information and can request adjustments or opt out of UV light exposure.

7. Hearing Protection - Decibel Levels and Protective Measures:

The Helionet system’s sound levels are described, with specific decibel ranges provided. Participants are advised on the recommended duration of exposure and are offered hearing protection if desired. Shine Sports LLC commits to maintaining sound levels within safe limits as per industry standards but disclaims liability for any hearing damage within these limits.

8. Physical Hazards - Detailed Risk Description and Safety Measures:

Each physical component of the Helionet system (spikes, shovels, etc.) is described in detail, along with the specific risks they pose. Participants are provided with safety guidelines for navigating around these components and are required to wear appropriate protective gear as provided or recommended by Shine Sports LLC. The company disclaims liability for injuries resulting from participant negligence in adhering to these safety measures.

9. Line Hazards - Comprehensive Risk Assessment and Mitigation:

The various lines used in the system are described, along with the specific tripping, choking, or other hazards they may present. Detailed safety protocols for avoiding line-related injuries are provided. Participants are required to follow these protocols strictly and acknowledge their responsibility in doing so.

10. Electrical Hazard - Detailed Safety Protocols and Participant Responsibility:

The electrical components of the Helionet system are described, including the battery system and wiring. Detailed safety protocols for avoiding electrical hazards are provided. Participants are strictly prohibited from tampering with or modifying the electrical system and agree to adhere to all usage guidelines. Liability for electrical incidents resulting from participant misconduct or non-adherence to safety protocols is disclaimed by Shine Sports LLC.

11. Fire and Pyrotechnics - Detailed Safety Guidelines and Emergency Procedures:

The fire and pyrotechnic elements of the Helionet system are described in detail, including the types of materials used and the safety features in place. Participants are provided with comprehensive guidelines for safe interaction with these elements and emergency procedures in the event of a fire-related incident. The company disclaims liability for fire-related injuries barring gross negligence or safety protocol violations on its part.

12. First Aid and Medical Emergency Response:

The extent of the first aid services provided by Shine Sports LLC is detailed, including the types of injuries that can be treated on-site and the qualifications of the first aid personnel. In case of a medical emergency, the company’s protocol for responding and facilitating access to professional medical care is outlined. Participants consent to receive first aid treatment and understand the limitations of such care.

13. Emergency Medical Treatment Consent - Detailed Procedures and Financial Responsibility:

Procedures for managing medical emergencies, including incapacitation, are outlined. This includes the process for contacting emergency services and obtaining urgent medical care. Participants or their legal guardians (in case of minors) accept financial responsibility for any emergency medical services rendered.

14. Insurance Disclaimer - Detailed Explanation of Participant Responsibilities:

Participants are informed in detail about the types of incidents and injuries not covered by Shine Sports LLC’s insurance. They are advised to secure their own insurance coverage for activities involving the Helionet system and are provided with suggestions on appropriate types of insurance to consider. The company explicitly disclaims liability for costs associated with injuries or incidents not covered by its insurance policies.

15. Age Restriction and Parental Consent - Detailed Guidelines:

The age restriction policy is explained in detail, including the rationale behind the age limit and the specific requirements for parental or guardian consent for minors. The process for obtaining and verifying parental consent is outlined.

16. Indemnification Clause - Comprehensive and Specific Terms:

A detailed indemnification clause is provided, specifying the conditions under which participants agree to indemnify Shine Sports LLC. This includes scenarios involving participant negligence, breach of agreement terms, or other actions resulting in liability or costs for the company.

17. Governing Law and Dispute Resolution - Detailed Arbitration Process:

The agreement specifies California law as the governing law. The arbitration process, including how arbitrators are selected, the location of arbitration, and the handling of arbitration fees, is detailed. Participants agree to this binding arbitration process as the sole means of resolving disputes related to the agreement or their use of the Helionet system.

18. Right to Refuse Service - Specific Criteria and Procedures:

Shine Sports LLC outlines the specific behaviors or conditions under which it may refuse service to a participant. This includes unsafe usage, non-compliance with safety guidelines, and malicious intent. The process for handling such refusals, including warnings and appeals, is detailed.

19. Acknowledgment of Voluntary Participation - Informed Consent:

Participants acknowledge that they have chosen to engage with the Helionet system voluntarily, understanding all the risks involved. They affirm that they have received all necessary information to make an informed decision about their participation and have the right to discontinue use at any time.

20. Media Release Consent - Detailed Usage Rights and Restrictions:

The media release clause specifies the types of media in which participant images or likenesses may be used, the purposes for such usage (including specific marketing channels), and any restrictions on the use of personal information. Participants are informed about their rights regarding the use of their images and provided options to limit or prohibit such usage.

21. Product Misuse - Specific Prohibited Actions and Consequences:

Detailed descriptions of what constitutes misuse of the Helionet system are provided, along with the specific consequences of such misuse. This includes immediate termination of service and financial liability for damages caused by misuse. The company’s process for identifying and addressing misuse is outlined.

22. Maintenance and Inspection - Detailed Protocols and Participant Responsibilities:

Shine Sports LLC details its maintenance and inspection protocols for the Helionet system, including frequency, scope, and documentation of maintenance activities. Participants are informed about their responsibilities to report any observed faults or damages and to avoid using equipment that appears damaged or malfunctioning.

23. Modification of Product - Specific Prohibitions and Penalties:

Participants are informed about the specific types of modifications to the Helionet system that are prohibited, the rationale behind these prohibitions, and the penalties for unauthorized modifications. This includes financial liability for damages and potential legal action.

24. Weather and Environmental Conditions - Detailed Safety Protocols and Liability:

Participants are informed about the risks associated with using the Helionet system under various weather and environmental conditions. Detailed guidelines for safe use in different conditions are provided, along with the company’s protocols for suspending or modifying operations in adverse conditions. Participants’ liability for damages resulting from misuse in unfavorable conditions is outlined.

25. Data Privacy and Security - Comprehensive Data Handling Policies:

Shine Sports LLC details its policies for handling and securing participants’ personal data, including the types of data collected, the purposes for collection, data storage and security measures, and procedures in the event of a data breach. Participants are informed about their rights regarding their personal data and the company’s obligations under applicable data protection laws.

26. Alcohol and Drug Use Policy – Zero Tolerance and Disclosure Obligations:

A zero-tolerance policy for alcohol and drug use while engaging with the Helionet system is clearly stated. Participants are required to disclose any substance use prior to participation, and failure to do so may result in immediate termination of service and release of Shine Sports LLC from liability in the event of an accident or injury. Procedures for handling suspected substance use are outlined.

27. Payment Terms and Damage Liability – Detailed Financial Obligations:

This section details the payment terms for using the Helionet system, including any deposits, fees, and charges for services. The financial responsibilities of participants in the event of damage to the system due to misuse or negligence are outlined, including a detailed schedule of charges for various types of damage.

28. Opt-Out Options – Comprehensive List and Procedure for Declining Specific Features:

Participants are provided with a comprehensive list of features and elements of the Helionet system that they may choose to opt out of. The procedure for opting out is detailed, including how to record such preferences and the implications for the participant’s experience with the system.

29. Revision of Agreement Terms – Notification Process and Participant Responsibilities:

Procedures for updating and revising the terms of the agreement are outlined, including how participants will be notified of changes and the effective dates of new terms. Participants are responsible for reviewing any updated terms and understanding their implications. Continued use of the Helionet system following changes in terms constitutes acceptance of the new terms.

30. Full Understanding and Agreement Acknowledgment – Detailed Affirmation of Consent:

This final section requires participants to affirm that they have read and fully understood all terms of the agreement. Participants must acknowledge that they have had the opportunity to ask questions and seek clarification on any aspects of the agreement. A space is provided for the participant’s printed name, signature, and date, along with a witness signature if required.