WAIVER, RELEASE OF LIABILITY, PHOTO RELEASE & AGREEMENT TO INDEMNIFY AND HOLD HARMLESS AND TO DEFEND 

WAIVER, RELEASE OF LIABILITY, PHOTO RELEASE & AGREEMENT TO INDEMNIFY AND HOLD HARMLESS AND TO DEFEND 

In consideration of being permitted to utilize the gym, equipment, facilities and/or property (collectively, the “Facilities”) owned, operated or managed by Anchor 614, LLC. (“A.W.A.Y Athletics”), the undersigned, on behalf of him/herself, his or her heirs, executors, administrators, assigns, personal representatives, knowingly and voluntarily enters into this Waiver, Release of Liability and Agreement to Indemnify and Hold Harmless and to Defend (hereafter the “Waiver”).

I hereby FOREVER RELEASE AND DISCHARGE A.W.A.Y Athletics, its employees, managers, members, agents, attorneys, staff, volunteers, affiliates, representatives and assigns (the “Released Parties”), from any and all liabilities, claims, demands or causes of action that I may hereafter have for personal injuries, death or property damage arising out of my use of the Facilities, including but not limited to, (i) hidden, latent, or obvious defects, (ii) the negligence or omission, including any act, other than the willful misconduct, of any Released Party, and (iii) my failure to exercise due care. I hereby acknowledge that A.W.A.Y Athletics owes no duty of care to keep the Facilities safe for entry or use or to give any warning regarding a dangerous condition, use, structure or activity on the property or Facilities.

I am fully aware of all of the risks associated with entering the property and utilizing the Facilities. I am qualified, in good health and in proper physical condition to participate in training and/or activities held at the Facilities. I acknowledge that if I believe any conditions are unsafe at the Facilities, I will immediately discontinue participation in the relevant activity. I am utilizing the Facilities entirely at my own risk. I understand that physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, including paralysis, physical or emotional loss or death may occur. I further understand that I might suffer economic loss or damage to my personal property from using the Facilities. I knowingly accept all risks both known and unknown and whether caused by me or by another party, including, without limitation, negligence or misconduct. I understand that I am using the Facilities for my own benefit and that no representations, warranties, or guarantees related to the nature or condition of the Facilities has been made by A.W.A.Y Athletics or the Released Parties.

I am fully aware by entering the Facility I may be photographed and/or filmed. I hereby grant A.W.A.Y Athletics permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of A.W.A.Y Athletics and will not be returned. I hereby irrevocably authorize A.W.A.Y Athletics to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. I hereby hold harmless, release, and forever discharge A.W.A.Y Athletics from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

I agree never to institute any suit or action at law or otherwise and hereby instruct my heirs, executors and administrators never to institute any suit or action at law or otherwise against any Released Party nor to initiate any nor assist the prosecution of any claim for damages or cause of action which I, my heirs, executors or administrators may have by reason of injury or death to my person or property arising from the activities contemplated by this Waiver. I acknowledge that the breach of such covenant will cause substantial and irreparable harm to any Released Party named as a defendant to such lawsuit beyond the mere expense of defending the same and that such damages are difficult or impossible to estimate or ascertain with certainty.

I agree to indemnify, hold harmless and to defend the Released Parties from and against any and all liabilities, claims, demands, suits or judgments or costs including attorney’s fees incurred or initiated in connection with my use of the Facilities or presence thereon, including, but not limited to pain and suffering, economic injuries, illness, paralysis, death, damages of any kind or economic or emotional loss, that I may suffer as a direct or indirect result of my use of the Facilities.

I further agree to promptly repair, restore, replace or pay all costs to repair any damage A.W.A.Y Athletics or its property or Facilities caused by me or any other person or item under my control.

I agree that this Waiver shall be construed in accordance with, and governed by the laws of the State of Utah. In addition, I agree that all litigation, mediation or arbitration for property damage, personal injury or related loss against any of the Released Parties must be brought and maintained in Salt Lake County, Utah. Further, I consent and agree that jurisdiction and venue for any litigation shall lie exclusively in state and federal courts located in Salt Lake County, Utah. In the event any portion of this Waiver is found to be unenforceable, the remaining terms shall be fully enforceable to the greatest extent permitted by law.

HAVING CAREFULLY READ THE FOREGOING AND UNDERSTANDING IT TO BE A LEGALLY BINDING WAIVER, RELEASE AND INDEMNITY AGREEMENT, I SIGNIFY MY AGREEMENT AND ASSENT TO THE ABOVE TERMS BY SIGNING THIS WAIVER: 

If under 18, PARENT MUST SIGN

As the parent or guardian of the minor named above (the "Minor"), I hereby make and enter into each and every agreement, representation, waiver, and release described above on behalf of myself, the Minor, and any other parent or guardian of the minor named above, intending that they be binding upon me, the Minor, and our respective heirs, executors, administrators, and assigns. I intend to give up my right, the Minor's right, and the right of any other parent or guardian to maintain any claim or suit against any of the Released Parties (as defined above) arising out of the minor's participation in any activities involving any of the Released Parties (as defined above) in any way. I believe and represent that I HAVE LEGAL AUTHORITY TO MAKE THESE AGREEMENTS, REPRESENTATIONS, WAIVERS AND RELEASES, AND I AGREE TO DEFEND, HOLD HARMLESS, AND INDEMNIFY the Released Parties from and against any and all liability arising out of any lack of authority on my part to legally bind the Minor, or any unenforceability for any reason of the above agreements, representations, waivers, and releases made by or on behalf of the Minor. 

Medical Treatment Authorization and Additional Waiver, Release of Liability and Agreement to Indemnify and Hold Harmless and to Defend

I understand that there are risks of physical injury associated with, arising out of and inherent to the activity of strength training, flexibility training, cardiorespiratory training, and/or sport(s) conditioning. In recognition of this acknowledged risk of injury, I knowingly and voluntarily waive all rights and/or causes of action of any kind, including any and all claims of negligence, arising as a result of such activity from which liability could accrue to Anchor 614, LLC., its officers, agents, employees, instructors, owners and all affiliated entities (hereinafter collectively referred to as “A.W.A.Y Athletics”). In addition, I authorize A.W.A.Y Athletics to provide preliminary medical treatment in the event of injury and agree to release and hold A.W.A.Y Athletics harmless from claims arising out of or related to such treatment. I waive all rights and/or causes of action of any kind, including any and all claims of negligence, arising as a result of such treatment.

Furthermore, I agree to indemnify, hold harmless and to defend A.W.A.Y Athletics from and against any and all liabilities, claims, demands, suits or judgments or costs including attorney’s fees incurred or initiated in connection with A.W.A.Y Athletics’ preliminary medical treatment or my use of any facilities owned or operated by A.W.A.Y Athletics or presence thereon, including, but not limited to pain and suffering, economic injuries, illness, paralysis,

death, damages of any kind or economic or emotional loss, that I may suffer as a direct or indirect result of my use of the Facilities. Such waiver, release and indemnity agreements are also governed by that certain Waiver, Release of Liability and Agreement to Indemnify and Hold Harmless and to Defend entered into by A.W.A.Y Athletics and me (“Waiver”). I represent and warrant that I have executed the Waiver or will do so before participating in any activities held in facilities owned or operated by A.W.A.Y Athletics.

I am aware that this is an authorization of medical treatment and release of liability and acknowledgment of my voluntary and knowing assumption of risk of injury. I have signed this document voluntarily of my own free will in exchange for the privilege of participation.

I warrant the above information is complete and correct. I hereby authorize the A.W.A.Y Athletics owners to act in my behalf to provide emergency medical treatment. I further release A.W.A.Y Athletics of all liabilities associated with my attendance at A.W.A.Y Athletics.

If under 18, PARENT/LEGAL GUARDIAN MUST SIGN

As the parent or guardian of the minor named above (the "Minor"), I hereby make and enter into each and every agreement, representation, waiver, and release described above on behalf of myself, the Minor, and any other parent or guardian of the minor named above, intending that they be binding upon me, the Minor, and our respective heirs, executors, administrators, and assigns. I intend to give up my right, the Minor's right, and the right of any other parent or guardian to maintain any claim or suit against any of the Released Parties (as defined above) arising out of the minor's participation in any activities involving any of the Released Parties (as defined above) in any way. I believe and represent that I HAVE LEGAL AUTHORITY TO MAKE THESE AGREEMENTS, REPRESENTATIONS, WAIVERS AND RELEASES, AND I AGREE TO DEFEND, HOLD HARMLESS, AND INDEMNIFY the Released Parties from and against any and all liability arising out of any lack of authority on my part to legally bind the Minor, or any unenforceability for any reason of the above agreements, representations, waivers, and releases made by or on behalf of the Minor. 

A.W.A.Y ATHLETICS CANELLATION POLICY:

If you need to cancel or reschedule a session, please contact your coach IMMEDIATELY. At LEAST 24 hours' notice is required for a cancellation or rescheduling of a training/private session in order to avoid being charged for session. Failure to cancel within this time frame or failure to show up for a scheduled session will result in the

client/athlete being charged FULL price for training session. Exceptions will only be made in the case of a medical and/or family emergency (Exceptions made upon coaches discretion) There is a no-refund policy on all training sessions, privates, and/or packages purchased due to a cancelled or missed session(s).

TARDINESS POLICY:

Clients/athletes are expected to begin training at the start time of the scheduled appointment. A late start time does not entitle a client/athlete to a session longer than the originally scheduled appointment and/or refund for missed time.