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WAIVER AND RELEASE FROM LIABILITY for Tenacity Training LLC
PARTICIPANT INFORMATION 


WAIVER AND RELEASE FROM LIABILITY

  • I understand that the sports of Rock Climbing, Sport Climbing, Parkour, Freerunning, Bouldering, Ninja Warrior, Obstacle Training/Fitness and other recreational activities, including training events and practices (collectively referred to as “the sport”), can be dangerous and involve the risks of injury and death. I understand that these risks include but are not limited to, loss of control, use of the training facilities, exercise programs, areas designated as “hotspots”, and any information construed as advice.
  • Despite the risks involved in the sport and in consideration of being allowed to participate in the sport, I AGREE TO EXPRESSLY ASSUME ALL RISKS OF INJURY OR DEATH that might be associated with the sport and the use of the facilities of Tenacity Training LLC, including, but not limited to, the use of the equipment, participation in instruction, special events, volunteering, and participating in the sport beyond the supervised area (collectively referred to as “use of the facilities”). Furthermore, to the fullest extent allowed by law, I AGREE NEVER TO SUE AND TO RELEASE FROM LIABILITY Tenacity Training LLC, Nicole Martinez, and their owners, employees, agents, landowners, sponsors, and affiliated companies (collectively referred to as “Tenacity Training LLC”) for any damage, injury, or death to me arising from participation in the sport or use of the facilities, regardless of cause, including the negligence of Tenacity Training LLC.
  • I UNDERSTAND THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER. I understand that this Release of Liability will prevent me or my heirs from filing suit or making any claim for damages in the event of injury or death or me arising out of participation in the sport or use of the facilities. I agree to defend, indemnify and hold harmless Tenacity Training LLC for any damages, attorney’s fees, costs associated with arising out of such a lawsuit. With a complete and full understanding of this Release of Liability and Express Assumption of Risk Agreement, I nevertheless enter into this agreement freely and voluntarily and agree that it is binding upon me, my heirs, assigns, legal representatives, and any other person acting on my behalf. I also agree to indemnify Tenacity Training LLC for any and all claims brought by a third party which arise from the participant’s or my participation in the sport. I grant exclusive permission to Tenacity Training LLC to use my name, likeness, and photograph for the purpose of publicity, public relations, editorial, or other advertising purposes without restriction as to frequency or duration. More details on pg 2.

I HEREBY AFFIRM AND ACKNOWLEDGE THAT I HAVE READ THIS COMPLETE DOCUMENT AND UNDERSTAND ITS CONTENTS AND AGREE TO BE BOUND THEREBY.

I am signing this Waiver/Liability Release ON BEHALF OF MYSELF “PARTICIPANT” (age 18 and over):

I, “Participant” or “Participant’s parent or legal guardian”, have requested the use of Tenacity Training LLC facilities and/or equipment, or the purchase of provision of lessons, Instruction and/or training related to parkour, free running, obstacle courses, weightlifting, gymnastics, tumbling, tricking, mixed martial arts, running, rowing, climbing, jumping, throwing, kickboxing, nutrition, injury prevention, and/or activities incidental thereto, individually and collectively and use of equipment and facilities at 3445 Lovelaceville Rd, Paducah, Kentucky, 42001 and/or any public or private location (collectively, Facilities and Equipment). I understand that this waiver and release from liability is being executed in favor of Tenacity Training LLC and its owners, officers, agents, and employees (“Releasees”).

I understand and acknowledge that serious disabilities, illness (to include “exertional rhabdomyolysis”), death, accidents, injuries can occur during any of our activities including but not exclusive to obstacles, parkour, tumbling, gymnastics, personal training, ninja training and the use of the facilities and equipment in which those activities are held, whenever or however they occur for such period said activities may continue. I further understand and acknowledge that attending, participating in, volunteering at or spectating at Tenacity Training LLC activities may require me to perform strenuous activities, or to be exposed to activities, conditions, individuals, equipment or events which have potential cause to illness, serious injury, disability, death or property loss. Knowing the risks inherent in and connected with these activities, conditions, equipment or events, and with the full understanding of the activities I will be performing, on behalf of myself, my executors, administrators, heirs, successors, assign, and next of kin, I hereby fully assume the risks of injury, illness, disability, death, or loss or damage to person or personal property inherent, and/or in any way connected with attending participating in, spectating an event or activity at the facility even if arising from the negligence of other persons executing a similar waiver and release of liability.

I understand that I will not be permitted to participate in any Tenacity Training LLC activities without executing this Waiver and Release. As a condition of my participation in Tenacity Training LLC activities, I grant Tenacity Training LLC and its employees, members, partners, officers and agents perpetual and non-revocable permission to use my name, photographs, and videos in which my image and likeness appears in connection with my participation in Tenacity Training LLC programs/events including advertising, media, electronic displays and transmissions thereof (herein “Likeness Rights”). I release Tenacity Training LLC and its employees, members, partners, officers and agents from any and all liability for damages for use in any manner or media of Likeness Rights and waive any and all claims and causes of action for damages for use of the Likeness Rights, including but not limited to: unauthorized use of my likeness, image, character or persona; violation of my right or publicity or privacy; and for copyright or moral rights infringement, defamation or being cast in a bad light.

I understand and agree that this agreement is a full and final release covering all known and unknown and unanticipated injuries, debts, claims, or damages to individuals that have arisen or may have arisen from any matters, acts, omissions, or dealings released in this agreement, including but not limited to the use of the photographs and likeness Rights. I acknowledge that I am aware that I may hereafter discover facts in addition to, or different from, those which I know or believe to be true, but it is my intention hereby, fully and finally and forever, to settle and to release any and all matters, disputes, differences, known or unknown, suspected or unsuspected, that do now exist, may exist or heretofore have existed with respect to those matters described herein. I expressly waive and relinquish any and all rights or benefits that I may now have, or in the future may have as to these matters released herein arising out of relevant laws of any state or territory of the United States. Such sections may provide as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Nevertheless, by signing this waiver, I also waive any and all rights I may have independently or that may be made on my behalf, in connection with my image or likeness on such photograph(s) and Likeness Rights, and I consent to, join with and ratify all grants of permission, waivers, discharges and release set forth herein above.

I agree not to bring any claim against Tenacity Training LLC, including but not limited to concerns in any way of injury, death, damage or loss of any type or nature, which arise out of, are related to, or are in any way connected with attending, participating in, volunteering at or spectating at Tenacity Training LLC activities and/or which arise out of or re connected to in anyway with my use of, or my presence at the facility(ies) at which these activities are held, whether in injury, death or disability, loss or damage is caused in whole or in part by negligence, gross carelessness, or other acts or failure to act of those persons or entities.

Date: November 21, 2024

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*

PARENTAL CONSENT AND RELEASE - IF UNDER AGE OF 18

On behalf of a minor (less than 18 years of age):

  • I represent and warrant that I am the parent and/or legal guardian of such minor child ("Child”) and that the Child is in good health and there are no special problems associated with the care of the Child;
  • I accept responsibility for all the Child’s medical expenses incurred in connection with the sport or use of the facilities;
  • I agree to indemnify Tenacity Training LLC for any and all claims brought by the Child or any person acting on the Child’s behalf;
  • I agree to indemnify Tenacity Training LLC for any and all claims brought by a third party arising in connection with the Child’s participation in the sport or use of the facilities;
  • By signing, I agree to all terms of this Waiver and Release, which continue below.

PARENTAL CONSENT AND RELEASE - IF UNDER AGE OF 18

By signing the front page, I, the parent/legal guardian of “Participant” hereby execute the foregoing Waiver and Release on behalf of the minor named herein and I hereby bind myself, the minor named herein, and his/her executor, administrators, heirs, successors, assigns, and next of kin, to the terms of this Waiver and Release. I represent that I have the legal capacity and authority to act for, or on behalf of, the minor named herein. I agree to indemnify and hold harmless Tenacity Training LLC and other persons and entities named herein from any claims and liabilities, which may be assessed against them as a result of, or arising out of my legal capacity or my authority to act for and on behalf of the minor named herein in my execution of this Waiver and Release.



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*
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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