HP SPORTS, LLC dba LINKD TRAINING, and its affiliates (hereinafter, “LINKD”) is a multi-purpose sports, training, and recreation center (the “Facility”) that provides a wide variety of sports and activities for athletes of all ages. Some of the activities offered include, without limitation, instruction, training, leagues, tournaments, events, fitness activities, weight lifting, sports such as football, soccer, lacrosse, basketball, volleyball, track and field, tennis, pickleball, and other strenuous exercises (collectively, the “Activities”). LINKD is also available for individual, team, and/or group rental. The physical exertion required ranges from mild to very strenuous, depending on the activity and the motivation of the Athlete; the skill level required ranges from beginner to highly advanced; and the competitiveness of the activity ranges from moderate to highly competitive. Individual Athletes should select Activities that fit his or her needs, abilities, skills, and interests. While the many benefits of these Activities are apparent, LINKD and its staff regard athlete safety as a top priority and feel it is important that the Athlete/Parent [either an adult Athlete OR a minor Athlete and his/her parent(s)/guardian(s)] understand that there are risks inherent in all physical activity. LINKD takes great care to reduce the risks associated with the many physical activities offered at the Facility. However, regardless of the care taken to avoid injuries, some risks are inherent in any physical activity and cannot be totally eliminated without changing the nature of the activity. A few examples of the many inherent risks include, but are not limited to, heat-related illness, over-exertion, imperfect playing surfaces, failure to adhere to posted rules or warnings (Note: coaches or supervisors may be present for certain activities, but the Athlete/Parent should have no expectation of supervision over an area or activity unless expressly specified otherwise), collisions with objects or co-Athletes, falls to the playing surface, unexpected equipment failure or malfunction (e.g., obstacles, fitness equipment, pitching machines, etc.), careless or erratic acts by co-Athletes, errors in judgment/supervision of supervisors, other employees, or officials, and being struck by an object (e.g. ball, bat, stick, etc.). There are also inherent risks that are specific to a sport or activity - such as being kicked by a co-participant in soccer; being hit by a ball in basketball or volleyball; body contact in basketball. I understand that if I do not want to take theses risks then I should not sign this document or use the Facility or equipment or participate in the Activities. I, the undersigned, warrant and represent that I possess the authority to execute this Liability Waiver, Assumption of Risk, and Release of Claims on behalf of the above-named Athlete. I acknowledge that Athlete will be participating in one or more Activities at the Facility. ASSUMPTION OF RISKS: I understand that all Activities provided by LINKED at the Facility, including use of equipment, is potentially hazardous and inherently involve the risk of bodily injury, including death, regardless of the care taken by LINKD. By signing this waiver, I acknowledge that I have read and understood this Liability Waiver, Assumption of Risk, and Release of Claims and that I know, understand, and appreciate the risks and types of injuries inherent in the Activities. I further hereby acknowledge that participation in the Activities and use of equipment is voluntary, and I knowingly and expressly agree to assume any and all risks of injury or death, today and on all future dates. I expressly assume the risk of injury resulting from my own or a co-participant’s failure to use equipment or facilities in the proper manner, whether due to incorrect instruction, lack of instruction, or personal error. WAIVER OF LIABILITY FOR CONDUCT OF LINKD: In consideration of permission to use the Facility, equipment, and services of LINKD and participating in the Activities, today and on all future dates, I, on behalf of myself, my spouse, heirs, executors, administrators, personal or legal representatives, and assigns (hereinafter collectively referred to as the "Releasing Parties") do hereby waive, release, discharge and covenant not to sue HP SPORTS, LLC dba LINKD TRAINING and all owners, officers, directors, members, partners, employees, agents, volunteers, parent companies, subsidiaries, affiliates, representatives, coaches, trainers, independent contractors, and equipment suppliers thereof, hereinafter collectively referred to as the "Releasees" from liability for any and all claims, demands, actions, losses, damages, injuries, or liabilities of any kind or nature, including, but not limited to, claims arising from the negligence of the Releasees, to the fullest extent allowed under the law, which are sustained, suffered or incurred by the Athlete as a result of his/her participation in and/or attendance at any of the Activities in, on or around any of the Facility (collectively, the “Claims”). I do also hereby release all of those mentioned and any others active upon their behalf from any responsibility or liability for any injury or damage to myself, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf, regardless of training location, or in any way arising out of or connected with my participation in the Activities through LINKD. I, on behalf of the Releasing Parties, further expressly assume all risks associated with participation in and/or attendance at the Activities in, on or around any of the Facility. This Liability Waiver, Assumption of Risk & Release of Claims applies to: (1) personal injury (including death) from incidents or illnesses arising from participation in LINKD Activities including, but not limited to, recreational, practice, or competitive Activities, events; organized or individual training and conditioning Activities, individual or group instruction, as an observer or spectator, and individual use of the Facility, including, without limitation, the associated sidewalks and parking lots of the Facility, and/or equipment, and (2) any and all claims resulting from damage to, loss of, or theft of property. INDEMNIFICATION: I expressly agree that I shall indemnify, defend and hold harmless the Releasees from and against any and all Claims resulting from, arising out of or in connection with Athlete's use of the Facilities and/or equipment, participation in and/or attendance at the Activities and/or Athlete's conduct and/or actions before, during and/or after the Activities (whether intentional or otherwise), whether resulting in whole or in part from the negligence of any Releasee. RIGHT OF PUBLICITY/PRIVACY: I acknowledge and understand that photography and/or audio-visual recording of LINKD Activities can and does occur and, in consideration for the use of the Facility and participation in and/or attendance at the Activities, I hereby unconditionally and irrevocably agree to allow LINKD to photograph and/or record Athlete and/or Parent and to use any such photographs or recordings or Athlete/Parent's name, likeness, voice, or other personal characteristics in any print, internet, radio television, billboard, social media, or multimedia advertising or marketing or for any legitimate business purpose. I, on behalf of myself and all Releasing Parties, hereby release the Releasees from any and all claims and demands that may arise out of or in connection with the use of the photographs, recordings, or Athlete/Parent's name, likeness, voice, or other personal characteristics, including without limitation any and all claims for libel or violation of any right of publicity or privacy. I acknowledge and understand that the Athlete's personal data is collected during participation in the Activities. Personal biometric data collection occurs in various forms, some of which involve sports performance, biomechanical assessments, recovery, sport- specific skill advancement, and questionnaires. In consideration of the use of the Facility and/or participation in and/or attendance during Activities, I hereby unconditionally and irrevocably agree to allow LINKD to collect personal and biometric data and/or record Athlete's personal and biometric data solely for use in private evaluations, coaching sessions, presentations or educational research and that data will not be sold or disclosed except as permitted by law. I expressly consent to receive recurring marketing and promotional text messages and emails from LINKD at the phone number and email address provided above. I understand that message and data rates may apply and that I may revoke this consent at any time by following the unsubscribe instructions provided in such communications. REPORTING OF HARASSMENT, ABUSE and NEGLECT: I further agree that upon observing or experiencing any harassment, abuse, or neglect, whether it be physical, sexual, emotional, or psychological in nature, I shall immediately report such harassment, abuse, or neglect: (1) to the LINKD supervisor on duty or, (2) if such supervisor participated or was involved in the harassment, abuse, or, neglect, to LINKD’s Manager, whose contact information is posted and/or is available online at www.linkdsports.com and at the front desk of the Facility. Please read each statement and click "I Agree". By selecting the "I Agree" button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual/handwritten signature or initials on this Agreement. By selecting "I Agree" using any device, means or action, you consent to the legally binding terms and conditions of this Agreement. You further agree that your electronic signature, initials, and checked boxes on this document (hereafter referred to as your "E-Signature") are as valid and enforceable as if you signed the document in writing. You also agree that no certification authority or other third-party verification is necessary to validate your E-Signature, and that the lack of such certification or third-party verification will not in any way affect the enforceability of your E-Signature on any resulting agreement between you and LINKD. You are also confirming that you are 18 years of age or older and are the person authorized to enter into this Agreement on behalf of yourself or your child who is participating in the program. You acknowledge and agree that you may request a paper version of this agreement by contacting LINKD. You affirm the following: I possess no health problems or physical disabilities that would make participation in the Activities unwise or risk injury. I declare myself (or son or daughter) to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in the Activities or use of equipment or machinery. I Agree I will cease activity and inform LINKD of any health problems that arise during participation. I possess sufficient skill, coordination, and physical fitness to safely participate. I Agree I represent and warrant that I (and/or the minor Athlete) possess adequate health, accident, and liability insurance to cover any injury, damage, or loss I may suffer or cause while participating in the Activities. I further warrant that I have the financial ability to pay for any related medical expenses and to fulfill my indemnification obligations under this Agreement. I Agree I give my permission for my son/daughter to undergo medical treatment for any injury or illness he/she may sustain or acquire while engaged in the Activities. I understand LINKD personnel use only those procedures, which are within their training, credentialing, and scope of professional practice, if any, to prevent, care for and rehabilitate injuries. I authorize LINKD to secure emergency medical care and transport if deemed necessary. I understand that LINKD does not staff medical personnel. I Agree I will assume all cost of the care and transportation listed above. I Agree I will to report all injuries (even minor injuries) so that LINKD may make a record of the injury. I Agree I will wear all recommended safety gear during participation. I Agree I will follow all rules of the Activities and of LINKD. I Agree I will inform LINKD of any conduct or condition that creates a hazard for Athletes or others, and will immediately discontinue further participation in Activities until the hazardous conduct or condition is remedied or abated and no longer presents a hazard. I Agree I have read, understand, and agree to abide by all LINKD rules and guidelines, both those provided to me and those posted within the Facility. I understand that my failure to follow these rules constitutes a material breach of this Agreement and grants LINKD the right to immediately terminate my participation and require me to leave the Facility, without any refund of fees paid. I Agree I understand I will be responsible to pay the complete fee to participate in the Activities. All fees are non-refundable except as may be determined by LINKD in its sole and absolute discretion on a case-by-case basis. I understand that if Athlete is participating in a LINKD-sponsored Activity, I will give 24 hours advance notice if I am unable to attend the scheduled session. Notice may be given, in writing, by email. Failure to provide 24-hours advance notice will result in forfeiture of that session. I Agree I, the ATHLETE/PARENT, confirm that: 1) This Agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between me and LINKD and that it cannot be modified or changed in any way by representations or statements by any agent or employee of LINKD. 2) The foregoing Liability Waiver, Assumption of Risk, and Release of Claims Agreement is intended to be as broad and inclusive as is permitted by the laws of the state of Utah and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. 3) If legal action is brought, the appropriate court for the County of Cache in the state of Utah has sole and exclusive jurisdiction and only the substantive laws of the state of Utah shall apply. In any litigation, arbitration, or other legal proceeding arising out of or relating to this Agreement or the Activities, the substantially prevailing party shall be entitled to recover from the other party all reasonable costs incurred, including but not limited to, court costs, expert witness fees, and reasonable attorneys' fees. 4) By selecting “I Agree” during this agreement, the parties agree that the Agreement may be electronically signed or initialed. The parties agree that the electronic signatures or checked boxes appearing on this Agreement are the same as handwritten signatures or initials for the purposes of validity, enforceability, and admissibility. All signers also acknowledge they are 18 years of age or older and have authority to enter into this Agreement for themselves or the dependents listed herein. The undersigned acknowledges that he/she has read and understands the foregoing, has been informed of the risks faced by the Athlete as a result of the Athlete’s participation in the Activities, and has voluntarily signed this Liability Waiver, Assumption of Risk, and Release of Claims with full knowledge of the legal consequences of doing so. If Parent is signing this Agreement, he/she represent and warrants that he/she has explained the risks of the Activities to the Athlete and that Athlete understands said risks and this Agreement. THIS LIABILITY WAIVER, ASSUMPTION OF RISK, AND RELEASE OF CLAIMS IS VALID INDEFINITELY UNLESS EXPRESSLY REVOKED IN WRITING, EXCEPT FOR THOSE PROVISIONS THAT ARE EXPRESSLY IRREVOCABLE. Electronic Signature (required) By entering your full name, you certify that you are a Athlete older than 18 or the Parent of the Athlete signing up Today's Date: November 11, 2025 |
