WARRIOR KIDS ACADEMY, LLC,
RELEASE OF LIABILITY, COVENANT NOT TO SUE & IMAGE RELEASE
In consideration of my (“I”, “my” or “myself”) and/or on behalf of my child/ward’s (each a “Ward”) participation as client, customer, competitor, volunteer, spectator (any of the foregoing, a “Participant”) in the activities available at and/or under the control of Warrior Kids Academy (herein after referred to as “Facility”), including but not limited to workouts or other Facility-owned, operated, licensed or sponsored event(s) (any of the foregoing and any ancillary events/activities/operations related thereto, an “Activity”), I, on behalf of myself and Ward, acknowledge, accept and agree the following:
(1) The risk of serious injury and/or death from the activities involved participating in any Activity, as a Participant, is significant and may include, without limitation, the following: (i) sprains; (ii) strains; (iii) fractures; (iv) over-use syndrome; (v) injuries involving the acts or omissions of other Activity participants or vehicles; (vi) accidents involving, but not limited to, climbing, hiking, travel by truck, car or other convenience, (vii) falling from heights; (viii) heart attack; (ix) permanent paralysis; and/or; (x) death. In addition, I, on behalf of myself and Ward, am aware that there are significant risks involved in any physical training regimen. These risks include, but are not limited to: falls which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment. Injury may also result simply from the fact of physical training itself. By its very nature, physical training seeks to have me push beyond my limits in order to produce a physical adaptation by my body. This requires feedback from me to my trainer regarding what is happening with my body. Excessive work can result (in rare cases) in exertional rhabdomyolosis. I should look for signs of excessive soreness, darkened urine, and pain in the kidney areas in the days following a particularly intense workout. While particular rules, equipment and/or personal discipline may reduce this risk, the risk of serious injury and/or death does exist. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while training with Facility, either at Facility or other locations.
(2) AFTER OPPORTUNITY TO FULLY INFORM MYSELF ABOUT AN ACTIVITY, ON BEHALF OF MYSELF AND MY WARD, I (undersigned) KNOWINGLY, VOLUNTARILY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OR ACT OR OMISSIONS OF THE RELEASEES, as hereinafter defined, or others, and assume full responsibility and all risks for myself and/or my Ward’s participation in the Activity.
(3) To the fullest extent permissible by applicable law, I, on behalf of myself, and/or my Ward (if applicable), and our respective heirs, assigns, spouses, partners, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE WARRIOR KIDS ACADEMY, LLC, and their respective owners, officers, directors, employees, contractors, representatives, agents and affiliates and, as applicable, any direct or indirect parent or subsidiary, predecessor, successor, heir, assign, media partners, associated charity, sponsor or medical providers of any of the foregoing (collectively, the “Releasees”) WITH RESPECT TO ANY SUITS, CLAIMS, OR LOSS AND ALL INJURY, DISABILITY, DEATH, AND/OR LOSS OR DAMAGE TO PERSON OR PROPERTY, IN CONNECTION WITH MY OR MY WARD’S PARTICIPATION IN THE ACTIVITY, WHETHER ARISING FROM THE NEGLIGENCE OR WILLFUL CONDUCT OF THE RELEASEES OR OTHERWISE. I further agree to indemnify, defend and hold harmless Releasees from any loss liability, cost, claim and/or damages arising from Participant’s participation in or association with the Activity, including, but not limited to, reasonable attorney’s fees.
(4) I, on behalf of myself, and/or my Ward, attest and verify that: (i) unless indicated below, I am over 18 years of age and am legally signing on behalf of myself or, if applicable, Ward; (ii) Participant is free from all illnesses, injuries and defects that could interfere with any person’s (including his or her) safe participation in an Activity; (iii) Participant is physically fit and sufficiently trained to participate in all activities associated with the Activity; and (iv) on the date of the Activity, Participant will possess and be covered by medical/health insurance, individually or as part of an organization. I acknowledge that Participant, and I, as Ward’s parent/ legal guardian (if applicable), am aware and informed of the inherent risks in participating in the Activity and that Participant’s participation in an Activity is entirely voluntary.
(5) I, on behalf of myself, and/or my Ward, consent to administration of first aid and other medical treatment and related services, including evacuation/transport, in the event of injury or illness in connection with participation in the Activity and hereby release and indemnify Releasees from any and all liability or claims arising out of such treatment and/or services.. I further consent and agree to obtain, furnish and allow, if required, the use and disclosure of my personal health information by such providers in connection with rendering services and or treatment, and to sign any additional documents that may be requested by such providers, in connection such information or services.
(6) I, on behalf of myself, and, if applicable, my Ward, irrevocably grant unlimited permission to Releasees to use, reproduce, sell, disseminate and distribute any and all photographs, images, videotapes, motion pictures, recordings, or any other depiction of any kind of Participant or my or Ward’s participation in an Activity or related activity for any legitimate purpose in perpetuity and I understand that Participant will not be entitled to any compensation in connection therewith. I further hereby irrevocably and absolutely grant permission to the Releasees to film, videotape and record the performance of the Participant in the Activity and subsequently to telecast, sell, distribute and otherwise utilize the same in whatever manner Releasees shall deem appropriate. Such permission shall include granting the unlimited and irrevocable rights to Releasees, without compensation of any kind to Participant, to use, reproduce or broadcast, Participant’s name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the Activity. I acknowledge that Releasees shall have unlimited right throughout the world to copyright, use, reuse, publish, republish, broadcast and otherwise distribute depictions of or information about Participant and all or any portion of the Activity in which Participant may appear on any and all radio, network, cable and local television programs and in any print materials and in any other format or media (including electronic media) now known or hereafter devised in perpetuity and without compensation to Participant.
(7) In consideration and in return for being allowed to participate in the Activity, Participant releases and agrees not to sue the Releasees from all present and future claims regarding Participant’s participation in activities organized by the Releasees, including the Activity, by Participant and his/her heirs, assigns, spouses, partners, personal representatives and/or next of kin.
(8) If any of the provisions of this Waiver, Release of Liability, Covenant Not To Sue & Image Release (“Waiver”) shall be deemed by a court of competent jurisdiction invalid or unenforceable in any respect, then, to the fullest extent permitted by applicable law, all other provisions hereof shall remain in full force and effect.
I HAVE READ AND FULLY UNDERSTAND THIS WAIVER. I UNDERSTAND THAT I HAVE GIVEN UP, ON BEHALF OF MYSELF AND MY WARD, SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY.
I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, THAT I HAVE EXECUTED THIS AGREEMENT VOLUNTARILY, AND THAT THIS AGREEMENT IS TO BE BINDING UPON MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS AND REPRESENTATIVES.
I (PARENT/GUARDIAN), AM THE PARENT OR LEGAL GUARDIAN OF CHILD NAMED ABOVE, ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, THAT I HAVE EXECUTED THIS AGREEMENT VOLUNTARILY, AND THAT THIS AGREEMENT IS TO BE BINDING UPON MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS AND REPRESENTATIVES.