CONSENT, WAIVER , ASSUMPTION OF RISK AND
RELEASE OF LIABILITY AGREEMENT
In consideration of being allowed to be present at and/or participate in any way in the activities, events and programs of TOCA Training Centers, LLC, TOCA Impact, LLC, TOCA Football, Inc. or their respective subsidiaries and affiliates (hereafter, collectively “TOCA”), I, the undersigned, on behalf of myself, any minor listed on the signature page of this Agreement, and each of our respective personal representatives, heirs, next-of-kin, spouse and assigns (collectively, “I”, “me” or “my”), acknowledge and agree as follows:
1. There is the potential for significant risk of injury from activities at TOCA or while participating in TOCA programs or events, ranging from minor to fatal, whether caused by me or others. While rules, equipment and personal discipline may reduce risks, the risk of serious injury does exist.
2. I understand that while cleaning procedures may reduce their presence, natural pathogens including but not limited to bacteria, viruses, mold and mildew may be present in TOCA centers or at other locations where TOCA activities, events and programs may take place, that I may be exposed to same while at the center or participating in TOCA related activities and that those natural pathogens may cause me illness or other bodily injury.
3. I KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, related to: a) my presence at any TOCA center and/or participation in any TOCA programs, events and activities, whether conducted at a TOCA center or an outside location; and b) my use of any equipment at or belonging to TOCA, even if arising from the negligence of the Releasees (defined below) or others, and assume full responsibility for my participation and use.
4. I represent that I am capable of participating in TOCA activities, events and programs, and take full responsibility for not exceeding my limits.
5. I willingly agree to comply with the stated and customary terms and conditions for participation in TOCA programs and use of TOCA equipment.
6. If I observe any unusual hazard or at any time feel anything is unsafe, I will immediately stop participating, remove myself from the unsafe area and notify a TOCA representative as soon as possible.
7. I, for myself and the minor(s) noted below, and on behalf of our respective personal representatives, heirs, next of kin, spouse and assigns, HEREBY KNOWINGLY AND INTENTIONALLY RELEASE, INDEMNIFY AND HOLD HARMLESS TOCA TRAINING CENTERS, LLC AND TOCA FOOTBALL, INC., THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, SHAREHOLDERS AND MEMBERS, EMPLOYEES, OFFICIALS AND AGENTS, AND THE OWNERS AND LESSORS OF PREMISES USED BY TOCA TO CONDUCT ITS ACTIVITIES AND PROGRAMS (“RELEASEES”), AGAINST ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, LIABILITIES, DEMANDS, LOSSES, DAMAGES (KNOWN OR UNKNOWN AND ECONOMIC OR NON-ECONOMIC) SUITS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), ARISING OUT OF MY ACCESS TO OR USE OF THE TOCA FACILITIES, PARTICIPATION IN TOCA PROGRAMS, ACTIVITIES OR EVENTS, AND/OR MY USE OF ANY EQUIPMENT OR OTHER PERSONAL PROPERTY PROVIDED, LOANED OR OTHERWISE MADE AVAILABLE BY, OR ACCESSIBLE FROM, ANY RELEASEES, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
8. I understand that TOCA does not guarantee the specific trainer or trainers that may be assigned to my sessions or activities, even if I have signed up for a specific trainer. TOCA will do its best to accommodate trainer requests, but does not guarantee assignments.
9. I consent to TOCA taking photographs, digital images, video recordings and/or sound recordings in documenting the activities of TOCA’s programs, events, activities and services. I grant to TOCA a perpetual, fully-paid up, world-wide license to use the digital images, negatives, prints, motion pictures, video and audio recordings or any other reproduction of the same for TOCA and its affiliates’ educational and promotional purposes in such forms and on such modes of communication as TOCA sees fit.