PARTICIPANT WAIVER AND RELEASE OF LIABILITYAND HOLD HARMLESS AGREEMENT
TODAY'S DATE: October 16, 2019
THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT THE USE OF EQUIPMENT/OBSTACLES PROVIDED BY ACTION ATHLETICS, AS WELL AS PARTICIPATION IN ANY ACTIVITY AT ACTION ATHLETICS, EITHER ON MY OWN OR UNDER THE INSTRUCTION/SUPERVISION OF ACTION ATHLETICS EMPLOYEES, IS ENTIRELY VOLUNTARY, AT THE SOLE DISCRETION AND JUDGMENT OF THE UNDERSIGNED, AND AT HIS OR HER OWN RISK.
The undersigned participant acknowledges and agrees that there are substantial risks, hazards and dangers inherent in participating in activities at Action Athletics and on equipment/obstacles provided by Action Athletics. Such risks, hazards and dangers may include, but are not necessarily limited to, injury to the musculoskeletal and/or cardio respiratory systems which can result in serious injury or death. This Waiver and Release of Liability and Hold Harmless Agreement covers, without limitation, all injuries and property damage which may occur as a result of the participants use of all amenities and equipment provided by Action Athletics as well as his or her participation in any activity, class, program, personal training, supervised activity, or instruction, or as a result of the sudden and/or unforeseen malfunctioning of any equipment.
With this knowledge and understanding, and in consideration of the services and activities provided by Action Athletics, the participant states as follows:
- The participant hereby waives, releases, remises, covenants not to sue and forever discharges Action Athletics, Stage 4 Designs, The Bernardi Family Trust and any of their officers, agents and employees, of any and all liability, claims, demands, actions or rights of action, or damages of any kind including, but not limited to those related to, arising from, or in any way connected with participation in Action Athletics programs/classes/events, including those allegedly resulting from or in any way related to the negligent acts or omissions of Action Athletics and/or its officers, agents and/or employees or the malfunction of Action Athletics' or Stage 4 Designs equipment or obstacles.
- The participant accepts full financial responsibility for any injury to him/herself or to any other participant, whether due to his/her own negligence or not, and agrees to hold harmless and indemnify Action Athletics, Stage 4 Designs, The Bernardi Family Trust, and their officers, agents and employees from any loss, liability, claims, damages or costs, including court costs and attorneys fees, that they may be sought against Action Athletics, Stage 4 Designs, and/or the Bernardi Family Trust due to his or her participation.
- The participant understands that this Waiver and Release of Liability and Hold Harmless Agreement shall apply to any and all services and activities at Action Athletics from this date forward.
- The participant certifies that he or she has no medical problems that would increase the risk of illness, injury and/or death as a result of participation in a fitness program or any other activity facilitated and/or designed by Action Athletics.
- Action Athletics, Stage 4 Designs, and the Bernardi Family Trust are not responsible for any lost, stolen or damaged personal belongings.
By signing below, you are acknowledging and agreeing (or acknowledging and agreeing on behalf of your child if under 18) that you have carefully read and are agreeing to release and discharge Action Athletics, Stage 4 Designs, The Bernardi Family Trust, and their officers, agents and employees, from any and all claims, causes of action and damages, and are agreeing voluntarily to give up or waive any right that you may otherwise have to bring a legal action against Action Athletics, Stage 4 Designs, The Bernardi Family Trust, and their officers, agents and employees for personal injury or property damage. If any portion of this release shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release shall remain in full force. This release cannot be modified orally.
NOTICE TO THE MINOR CHILDS PARENT OR GUARDIAN:
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF ACTION ATHLETICS USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILDS RIGHT AND YOUR RIGHT TO RECOVER FROM ACTION ATHLETICS, STAGE 4 DESIGNS, AND THE BERNARDI FAMILY TRUST IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THIS ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND ACTION ATHLETICS HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.