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SPORTS REALITY PERFORMANCE TRAINING, LLC AGREEMENT, RELEASE AND INDEMNITY

Today's Date: March 29, 2024

SPORTS REALITY PERFORMANCE TRAINING, LLC
AGREEMENT, RELEASE AND INDEMNITY

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, community service activities or special events (collectively, the “Activities”) which are operated, owned, coordinated, hosted or sponsored by Sports Reality Performance Training LLC (“SRPT”) at any location including facilities or locations owned, leased or operated by SRPT or SRPT Parties as defined herein, agree to the terms and conditions outlined in this document. 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 INCLUDING BUT NOT LIMITED TO STRESS , INJURY, SICKNESS, AND BODILY HARM INCLUDING PERMANENT DISABILITY, SUFFERING, PARALYSIS, OTHER NEGATIVE IMPACTS, AND EVEN DEATH, which, if they occur, are likely to cause or be associated with pain, suffering, life style changes, substantial financial loss (due to various reasons including, but not limited to, lost wages, lost earning capacity, medical expenses, rehabilitation activities and various other expenses), continuing health impacts, and other hardships. I UNDERSTAND THAT THESE RISKS CAN ARISE FROM NUMEROUS FACTORS. These factors include, but are not limited to, actions and inactions by other participants in or spectators of the Activities, actions and inactions by employees, contractors, suppliers, visitors and volunteers of or associated with SRPT or SRPT Parties, equipment failures, field conditions and field composition, viruses and bacteria, disease, parking lot conditions, weather events and conditions, and acts of God. 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 enter any premise or facility associated with SRPT or SRPT Parties and 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 ALL THESE RISKS AND ANY IMPACTS OR DAMAGES THAT THESE RISKS CAN CAUSE ME, MY HEIRS, RELATIVES, SUCCESSORS, AND ASSIGNS, REGARDLESS OF WHO OR WHAT CAUSES THE RISKS AND ANY RESULTING IMPACTS OR DAMAGES. I also acknowledge, understand and agree that I have the sole responsibility to investigate and assess the dangers associated with any of the Activities or locations where such Activities are held, and to make my own decision regarding whether I will enter the location and 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 and is obtained 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 sickness, injuries, or other negative impact of any kind which I sustain as a result of the Activities.

4. I AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE SRPT PARTIES AND THEIR OWNERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUPPLIERS, VOUNTEERS, VISITORS, REPRESENTATIVES, MEMBERS, AFFILIATES AND ASSIGNS, FROM ANY CLAIM WHATSOEVER ARISING OUT OF MY PARTICIPATION IN THE ACTIVITIES INCLUDING BUT NOT LIMITED TO COSTS, EXPENSES, CAUSES OF ACTION, LIABILITIES, AND LEGAL FEES ASSOCIATED WITH ANY INJURY, SICKNESS, DISABILITY, INCAPACITATION, LOSS OF USE, EVENT OF TRAUMA, EVENT OF DEATH, OR DAMAGE OF PROPERTY, WHETHER COVERED BY INSURANCE OR NOT, INCLUDING CLAIMS IN EXCESS OF INSURANCE LIMITS AND ALL CLAIMS DETERMINED NOT COVERED BY INSURANCE.

5. I HEREBY RELEASE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE, THE SRPT PARTIES AND THEIR OWNERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUPPLIERS, VOLUNTEERS, VISITORS, 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, SICKNESS, DISABILITY, STRESS, SUFFERING, INCAPACITATION, DEATH, 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 through mediation as a first step and then, in the event that mediation is unsuccessful, through binding arbitration. Mediation and any subsequent arbitration shall be administered by an area professional firm satisfactory to SRPT in its sole determination such as The McCammon Group using its code of procedure then in effect. If The McCammon Group or another area firm satisfactory to SRPT is unavailable to administer the mediation and arbitration, then any claim, dispute or controversy ending up in arbitration 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 or Hanover County, Virginia at the sole determination of SRPT. 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 post-arbitration 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 MEDIATION AND 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.

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 AND THAT MY HEIRS COULD NOT CLAIM LOSSES AGAINST THE PARTIES I AGREE TO RELEASE AND INDEMNIFY AND MAY BE HELD RESPONSIBLE FOR MY OBLIGATIONS UNDER THIS AGREEMENT .

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.

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Information

Organization

Sports(s) athlete currently participates in or has participated in the past.
First Participant's Signature*
Second Participant's Name

First Name*

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

Organization

Sports(s) athlete currently participates in or has participated in the past.
Third Participant's Name

First Name*

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

Organization

Sports(s) athlete currently participates in or has participated in the past.
Fourth Participant's Name

First Name*

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

Organization

Sports(s) athlete currently participates in or has participated in the past.
Fifth Participant's Name

First Name*

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

Organization

Sports(s) athlete currently participates in or has participated in the past.
Sixth Participant's Name

First Name*

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

Organization

Sports(s) athlete currently participates in or has participated in the past.
Seventh Participant's Name

First Name*

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

Organization

Sports(s) athlete currently participates in or has participated in the past.
Eighth Participant's Name

First Name*

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

Organization

Sports(s) athlete currently participates in or has participated in the past.
Ninth Participant's Name

First Name*

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

Organization

Sports(s) athlete currently participates in or has participated in the past.
Tenth Participant's Name

First Name*

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

Organization

Sports(s) athlete currently participates in or has participated in the past.
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:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
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*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information

Organization

Sports(s) athlete currently participates in or has participated in the past.
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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