LIABILITY WAIVER, GENERAL RELEASE, COVENANT NOT TO SUE, AND ASSUMPTION OF RISK AGREEMENT
IN CONSIDERATION of and in exchange for the receipt of professional athletic instruction, training, practice, lessons, and/or events and/or the access to or use of any and all athletic equipment, facilities, training aids, grounds, amenities, or athletic recovery tools (including but not limited to the sauna, hot and cold tubs, pitching machine, batting cages, or athletic turf), with, from, at, or under the direction or supervision of Diesel Fitness, Inc. (DIESEL), the undersigned agrees and states as follows:
The undersigned is aware of and understands the inherent risks, hazards, and dangers associated with athletic training and/or participation (some of which are printed below and incorporated herein as though appearing above the signature of the undersigned) and, notwithstanding that the actual conditions during PRACTICES, LESSONS, INSTRUCTION, STRETCHING, TRAINING, RECOVERY SESSIONS, and/or other EVENTS (collectively the "Activity"), may pose more or less risks, hazards and dangers than those so enumerated, the undersigned nevertheless elects, voluntarily, to receive, enter into and/or participate in athletic training, practices, lessons, instruction, stretching, training, and/or other events with, from, at, or under the direction or supervision of DIESEL, on the terms, conditions and covenants set forth herein. In this regard, the undersigned, on behalf of self, or minor child(ren), and for his/her heirs, successors, spouse, assignees, personal representatives and next of kin, hereby forever releases, waives, discharges, covenants not to sue and agrees to hold harmless: DIESEL, and any and all of DIESEL's Coaches, Volunteers, Employees, Assistants, Interns, Owners, Independent Contractors, Officers, Owners, Shareholders, Directors, Representatives, or agents; Phil Wallin; Brett Campbell; Spencer Clevenger; and Chris Polaszek; (collectively herein Releasees); from any and all liability for any and all causes, actions, suits, and/or claims of every type and nature whatsoever, including but not limited to those for property damage, injury to person and/or death, compensatory, consequential, or punitive damages, or otherwise, without limitation, arising out of or alleged to be arising out of the conduct associated with receiving, entering into, or participating in the Activity with, from, at, or under the direction or supervision of DIESEL.
The undersigned acknowledges that participation in the Activity involves inherent risks, hazards and conditions that may be dangerous to self, life, limb and/or property and that can arise in an incalculable variety of unforeseeable or foreseeable ways which may include the potential for temporary or permanent injury, disability and/or death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist. Notwithstanding the foregoing, each participant KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for the participation in the Activity. I also certify that the participant is in excellent physical health and may participate in strenuous and hazardous physical activities associated with participating in the Activity.
The undersigned, on behalf of self, spouse, minor child(ren), and on behalf of heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS THE RELEASEES WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property incident to his or her, or child's (or childrens) involvement or participation in the Activity, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
The undersigned, for and on behalf of self, spouse, child(ren), and on behalf of heirs, assigns, personal representatives and next of kin, HEREBY INDEMNIFY AND HOLD HARMLESS all the above Releasees from any and all liabilities, claims, suits, or actions incident to the involvement or participation in the Activity, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent permitted by law.
Florida law controls the scope, interpretation, and enforcement of this Liability Waiver, General Release, and Covenant Not to Sue.
THE UNDERSIGNED HAS READ THIS LIABILITY WAIVER, GENERAL RELEASE, COVENANT NOT TO SUE, AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTANDS ITS TERMS, UNDERSTANDS THAT SUBSTANTIAL RIGHTS WILL BE GIVEN UP BY SIGNING IT, AND SIGNS IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.