Today's Date: October 16, 2019
I, in consideration of being permitted to participate in and/or be a spectator of any type of activities including but not limited to sports training/exercise programs, practice sessions, sports competitions, physical activities or special events (collectively, the "Activities") which are operated, owned, coordinated or sponsored by Sports Reality Performance Training LLC ("SRPT") at facilities or locations owned, leased by or operated by SRPT or SRPT Parties as defined herein, agree to the following terms and conditions. I make this agreement on my behalf, and on behalf of any and all of my heirs, relatives, successors, and assigns, as well as any corporate entity which I control.
1. I acknowledge, understand, and agree that the Activities CAN BE OR ARE VERY DANGEROUS and that engaging in the Activities presents SERIOUS RISKS OF STRESS , INJURY AND BODILY HARM INCLUDING PERMANENT DISABILITY AND SUFFERING, PARALYSIS, OTHER INJURY, AND EVEN DEATH, which, if they occur, are likely to cause pain, suffering, life style changes, and financial loss due to various reasons including, but not limited to, lost wages, lost earning capacity, medical expenses, rehabilitation activities and expenses, and continuing health impacts, health care expenses and, and other hardships. I UNDERSTAND THAT THESE RISKS ARISE FROM NUMEROUS FACTORS. These factors include, but are not limited to, actions and inactions by employees, contractors, suppliers and volunteers of or associated with SRPT, equipment failures, field conditions and composition, and actions by other participants in the Activities or spectators. There also may be other risks not known to me but the potential existence of which I fully acknowledge. With full knowledge and appreciation of these risks, I willingly and voluntarily desire to participate in the Activities and WILLINGLY, KNOWINGLY AND VOLUNTARILY ASSUME ALL OF THESE RISKS. In assuming these risks, I understand and agree that I AM ACCEPTING AND ASSUMING THE FULL RESPONSIBILITY FOR THESE RISKS AND THE DAMAGES THAT THESE RISKS CAN CAUSE ME, MY HEIRS, RELATIVES, SUCCESSORS, AND ASSIGNS, REGARDLESS OF WHO OR WHAT CAUSES THE RISK AND THE RESULTING DAMAGE. I also acknowledge, understand and agree that I have the sole responsibility to investigate and assess the dangers associated with any of the Activities, and to make my decision regarding whether I will participate in the Activities.
2. I acknowledge, understand and agree that I am in no way compelled to participate in the Activities by SRPT or any individual, employee, contractor, supplier, client or entity with which SRPT is affiliated, including, without limitation, its owners, individuals or entities who have any ownership interest in its owners and any other entity that is owned or controlled by its owners or individuals or entities who have any ownership interest in its owners ( with all the aforementioned individuals, groups or entities collectively identified as the SRPT Parties).
3. I acknowledge, understand and agree that it is my sole responsibility to ensure, at my sole expense, that appropriate insurance coverage exists which would cover my medical, rehabilitation and ongoing care expenses, as well as any income loss or lost earning capacity, as a result of any injuries I sustain as a result of the Activities.
4. I AGREE TO INDEMNIFY, DEFEND AND HOLD THE SRPT PARTIES AND THEIR OWNERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, MEMBERS, AFFILIATES AND ASSIGNS HARMLESS, INCLUDING PAYING REASONABLE ATTORNEYS FEES AND COSTS OF ALL TYPES, FROM ANY AND ALL LOSSES, COSTS, CLAIMS, EXPENSES, CAUSES OF ACTION, LOSSES OF USE AND LIABILITY BY REASON OF INJURY OR DEATH TO PERSONS OR DAMAGE TO PROPERTY ARISING OUT OF MY PARTICIPATION IN THE ACTIVITIES, WHETHER COVERED BY INSURANCE OR NOT, INCLUDING CLAIMS IN EXCESS OF INSURANCE LIMITS AND ALL CLAIMS DETERMINED NOT TO BE COVERED BY INSURANCE.
5. I HEREBY RELEASE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE, THE SRPT PARTIES AND THEIR OWNERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, MEMBERS, AFFILIATES AND ASSIGNS FROM OR FOR, AND HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE, SURRENDER, RENOUNCE, AND ABANDON, ANY AND ALL CLAIMS, WHICH ARE DEFINED TO BE: ANY AND ALL KNOWN AND UNKNOWN, ANTICIPATED AND UNANTICIPATED, FORESEEN AND UNFORESEEN, SUSPECTED AND UNSUSPECTED, ACCRUED AND UNACCRUED, FIXED AND CONTINGENT, CLAIMS, ACTIONS, CAUSES OF ACTION, DEMANDS, RIGHTS, DAMAGES, COSTS, LOSS OF SERVICES, WAGES, EXPENSES, ATTORNEYS FEES, LIABILITIES, RIGHTS OF SUBROGATION, JUDGMENTS, ORDERS AND LIABILITIES OF WHATEVER KIND OR NATURE, INCLUDING BUT NOT LIMITED TO FOR INJURY, DEATH, DISABILITY, PROPERTY DAMAGE, AND ECONOMIC LOSS OF ANY TYPE, PAST AND PRESENT, AND ALL OTHER LIENS, LOSSES, AND COMPENSATION OF WHATEVER KIND OR NATURE, PAST AND PRESENT, UNDER OR UPON FEDERAL, STATE OR LOCAL STATUTES, REGULATIONS OR COMMON LAW OR OTHERWISE, WHICH CURRENTLY EXIST, OR WHICH HAVE ARISEN OR MIGHT ARISE IN THE FUTURE ARISING FROM THE ACTIVITIES.
6. Any and all claims, disputes or controversies arising out of or related to this Agreement or the Activities shall be resolved exclusively by arbitration administered by The McCammon Group under its code of procedure then in effect. If The McCammon Group is unavailable to administer the arbitration, then the claim, dispute or controversy shall be resolved exclusively by arbitration administered by the American Arbitration Association under the Expedited Procedures of its Commercial Arbitration Rules then in effect. In either case, there shall be a single arbitrator selected under the applicable code of procedure, and the arbitration shall be held in Richmond, Virginia. The party that substantially prevails in the arbitration proceeding shall recover from the opposing party all of its reasonable expenses (including, without limitation, attorneys fees and costs) incurred in the investigation, prosecution and arbitration of the claim or claims involved in the proceeding. The amount of such reasonable expenses, unless stipulated by the parties, shall be determined by the arbitrator after the arbitrator delivers the Award, in furtherance of which the arbitrator may direct the parties to make postarbitration submissions relating to the amount of the reasonable expenses to be awarded. The determination or award rendered by the arbitrator shall be binding and conclusive upon the parties. The claims, disputes and controversies subject to this agreement to arbitrate include any causes of action of any kind whatsoever, whether statutory or based on common law, at law or in equity, regardless of the relief or remedy sought, in tort, contract, by statute, or on any other basis.
I UNDERSTAND THAT I AM GIVING UP MY RIGHT TO BRING SUCH A CASE IN A COURT OF LAW AND TO HAVE THAT CASE TRIED BY A JURY, AND I AGREE TO INSTEAD SUBSTITUTE THE ARBITRATION PROCESS FOR THOSE RIGHTS.
7. Any modification or alteration of this Agreement shall be in writing and signed by the parties.
8. If any provision of this Agreement or any part of any provision is determined to be invalid or unenforceable in whole or in part for any reason, it shall be severable from the rest of this Agreement and shall not affect any other provision of this Agreement, all of which shall remain in full force and effect and be enforceable according to their terms.
9. This Agreement shall remain in full force and effect until terminated in writing either by me or by SRPT. No such termination by me shall be effective until the written termination is delivered to SRPT and confirmed in writing by SRPT.
10. Talent-Release Agreement
A.) I authorize employees and contractors of Sports Reality Performance Training, LLC and related entities to photograph, videotape, audio record, televise, duplicate, and/or otherwise record my image, voice, and likeness. I understand that Sports Reality Perforamnce Training will own these recordings.
B.) I irrevocably authorize Sports Reality Performance Training, LLC and its agents to use, display, publish, and distribute these recordings for any purpose on websites, publications, broadcasts, displays, and any other medium, and to offer these recordings to others for use in marketing and promotion of Sports Reality.
C.) I waive any right to inspect or approve these recordings or material that may be used with them now or in the future, whether that use is known or unknown.
D.) I release Sports Reality Performance Training, LLC, its employees, and agents from all liability arising out of the use of these recordings, including but not limited to any claims arising out of my right of privacy or right of publicity and any claims based on any distortions, optical illusions, or faulty mechanical reproductions.
E.) I understand that I will not be compensated for any use of these recordings.
F.) I understand that this is a legal document and represent that I have read it and understand it and am initialling it voluntarily.
Please initial to signify compliance with our Talent-Release Agreement (10.A.-F.)
Consent to Payment:
I UNDERSTAND THAT I AM FINANCIALLY RESPONSIBLE FOR ALL CHARGES. IN THE EVENT MY ACCOUNT BECOMES DELINQUENT AND IS THEREFORE IN DEFAULT OF PAYMENT, I ACCEPT RESPONSIBILITY FOR THE PRINCIPAL AMOUNT OWING AS WELL AS ALL REASONABLE COSTS ASSOCIATED WITH THE COLLECTION OF THIS DEBT. THIS INCLUDES BUT IS NOT LIMITED TO COLLECTION SERVICE FEES, ATTORNEY'S FEES, AND ALL COURT COSTS AND ADDITIONAL LEGAL FEES ASSOCIATED WITH THE RECOVERY OF THIS DEBT. INTEREST MAY BE CHARGED AT A RATE OF 1.5% PER MONTH (18% ANNUALLY) FOR UNPAID BALANCES OVER THIRTY DAYS OLD. IF REIMBURSEMENT IS MADE BY OTHER PAYER SOURCES, I.E. ATTORNEYS, ATTORNEY LIENS, OR THIRD PARTY INSURANCES, NEGOTIATED INSURANCE DISCOUNTS WILL NOT APPLY. PAYMENT IN FULL PER THE CLINIC'S FEE SCHEDULE IS EXPECTED. I HEREBY AUTHORIZE SAID ASSIGNEE TO RELEASE ALL INFORMATION NECESSARY TO SECURE THE PAYMENT OF SAID BENEFITS. A COPY OF THIS ASSIGNMENT SHALL BE CONSIDERED AS EFFECTIVE AND VALID AS THE ORIGINAL.
I warrant that I have read this Agreement in detail and, prior to signing, had the opportunity (at my expense) if I so desired to consult with an attorney of my choice. I warrant that I understand all terms of this Agreement. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I GIVE UP SUBSTANTIAL RIGHTS I, AND POTENTIALLY MY HEIRS, WOULD HAVE TO RECOVER DAMAGES FOR LOSSES CAUSED BY THE PARTIES I AGREE TO RELEASE AND INDEMNIFY.