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Howland Performance Waiver & Release Agreement


Review Howland Performance Privacy Policy

Throughout this Waiver & Release Agreement, Elite SportsPerformance, LLC will be referred to as "The Company."


I, the undersigned, acknowledge that there are inherent risks associated with the use of The Company's facilities, participation in The Company's activities and services, and the

use of any equipment or materials provided by The Company. These activities and services encompass, but are not limited to, [fitness classes, sports coaching, sports games,

facility rental, workshops, educational programs, birthday parties, consulting services, etc.]. Accordingly, as consideration in exchange for being allowed to participate in any

activities provided by The Company, I agree to the following:


1. Acknowledgment of Understanding: I, the undersigned, acknowledge that I have read, understood, and agree to all of the terms and conditions set forth in this

Waiver & Release Agreement. I understand that this Waiver & Release Agreement releases The Company from liability for any injuries or damages that may occur during

my participation in any activities at The Company.

2. Obligation to Inspect Facility/Equipment and Report Unsafe Conditions: I, the undersigned, agree that prior to participating in any activity at The Company, I

will inspect the facilities and all equipment to be used, and if, through my inspection, I determine that anything related to that activity is unsafe, I will immediately advise

the Staff or another official of The Company of this unsafe condition and will not participate until this condition is corrected.

3. Recognition of Inherent Risks: I, the undersigned, acknowledge and fully understand that I will be engaging in activities that involve risk of serious injury, which may

include permanent disability and even death, and severe social and economic losses which might result not only from my actions, but also from the action, inaction, or

negligence of others, the rules of play, or the condition of the premises, or any equipment used, and further that there may be risks not known to me or not reasonably

foreseeable. I expressly assume all risks of injury, including death, which may occur in connection with my participation in activities at The Company.

4. Assumption of Liability for Inherent Risks: I, the undersigned, agree to assume all the foregoing risks and accept full responsibility for my own damages following

such injury, permanent disability, or death.

5. Release and Covenant Not to Sue: I, the undersigned, release, waive, discharge, and agree not to sue The Company, its parent company, and any subsidiaries and

all its respective agents, affiliates, associates, officers, directors, owners, employees, interns, and volunteers (collectively "Releasees") from demands, losses, or damages

on account of any bodily injury, death or property damage caused or alleged to be caused in whole or in part by Releasees or any other party's actions, inactions, or

otherwise.

6. Indemnification: I, the undersigned, shall defend, indemnify, and hold The Company and Releasees harmless from and against any and all liability, loss, expenses,

including reasonable attorney's fees, claims from injury or damages to the extent that the same are caused by or result from the negligence or the intentional acts or

omissions of third parties or of an individual or group renting space from the facility, it's officers, agents, or employees.

7. Emergency and Medical Care Consent: I, the undersigned, consent to emergency medical care and transportation in order to obtain treatment in the event of

injury to me as The Company may deem appropriate. This Waiver & Release Agreement extends to any liability arising out of or in any way connected with the medical

treatment and transportation provided in the event of an emergency.

8. Assumption of Risk and Waiver of Liability Relating to Coronavirus (COVID-19): I, the undersigned, acknowledge the contagious nature of COVID-19 and

voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending activities at The Company and that such exposure or infection may result in

personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at The Company may result from the

actions, omissions, or negligence of myself and others, including, but not limited to, The Company's employees, volunteers, and program participants and their families. I

voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and

death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at The Company or participation in

The Company's programming ("Claims"). On my behalf I hereby release, covenant not to sue, discharge, and hold harmless The Company, its employees, agents, and

representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand

and agree that this release includes any Claims based on the actions, omissions, or negligence of The Company, its employees, agents, and representatives, whether a

COVID-19 infection occurs before, during, or after participation in any Company program.

9. Governing Law and Severability: This Waiver & Release Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. If any

provision of this Waiver & Release Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force

and effect.

10. Minors and Guardianship: If the participant is under the age of 18, this Waiver & Release Agreement must be signed by a parent or legal guardian of the

participant. The parent or legal guardian acknowledges that they have read, understood, and agreed to the terms of this Waiver & Release Agreement on behalf of

themselves and the participant. The parent or legal guardian further acknowledges that by signing below, they are assuming all inherent risks associated with the

participant's use of The Company's facilities, participation in The Company's activities and services, and the use of any equipment or materials provided by The Company.

11. Medical History Disclosure: I understand the importance of disclosing any relevant medical history or limitations that could impact my safety during activities at The

Company. I agree to disclose any such information to The Company staff before participating in any activities.

12. Adherence to Rules and Instructions: I agree to follow all safety rules and instructions provided by The Company staff. I understand that failure to follow these

rules could increase my risk of injury.

13. Updates and Amendments: The Company reserves the right to update or amend this Waiver & Release Agreement at any time. Any such updates or amendments

will be posted on The Company's website and will be effective immediately upon posting. Your continued participation in activities at The Company constitutes your

acceptance of any such updates or amendments.

14. Photographic Release: I grant The Company the irrevocable right and permission to use my photograph, likeness, image, and/or voice in any and all media, now or

hereafter known, for any purpose whatsoever, including, but not limited to, advertising, promotional materials, and website content.

15. Safety Acknowledgment: I acknowledge that I have received safety instructions from The Company staff and agree to follow all safety rules and instructions

during my participation in activities at The Company. I understand that failure to follow these rules could increase my risk of injury.

16. Binding Effect: This Waiver & Release Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and

assigns.


I, the undersigned, acknowledge that I have read and understand this entire Waiver & Release Agreement. I agree to its terms for myself and if applicable, any of my minor

children or dependents participating in this activity. I understand that by signing below, I am giving up substantial rights on behalf of my child(ren) and myself.

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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