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Diesel Fitness Liablility and Release Waiver

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.

First Participant's Name

First Name*

Last Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

Email
A signed copy of this waiver will be sent to the email address you provide.
Emergency Contact

Emergency Contact's 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.
Parent or Guardian's Name

First 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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