In consideration of my use of the exercise equipment and facilities provided by The Performance Center, Next Level Soccer Academy, Inc. and/or Palker Sports Performance, LLP (hereafter “the companies”), I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that the companies and their insurers, employees, officers, directors, volunteers, staff, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me, or my guest in, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the companies. By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest, and I hereby fully and forever release and discharge the companies, their insurers, employees, officers, directors, volunteers, staff, and associates, from any and all liability, loss, expense, claims, demands, damages, rights of action, causes of action, attorneys fees, either direct or consequential, or claims for injury (including death) or loss or damage, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities by myself or my guest or any other individuals. I expressly agree to indemnify and hold the companies harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by, or caused by, me or my guest. I agree to be solely responsible for the safety and wellbeing of my guest and myself. I understand that the companies may not provide supervision, instruction, or assistance for the use of the facilities and equipment. I agree to comply with all rules imposed by the companies regarding the use of the facilities and equipment. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose. I understand and acknowledge that fitness training and also the use of exercise equipment each involve risk of serious injury, including permanent disability and death. I understand and agree that the companies are not responsible for property that is lost, stolen, or damaged while in, on, or about the premises. I understand and agree that my, and my guest’s, use of the facilities and equipment is only to be undertaken on our own personal time, and that our use of the facilities and equipment is not within the course or scope of my employment. I HAVE READ THE FOREGOING WAIVER AND RELEASE OF LIABILITY AND VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT. Date: November 21, 2024
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