THIS IS AN IMPORTANT LEGAL DOCUMENT. READ CAREFULLY BEFORE
I acknowledge that an individual who participates in the North Dakota Elite, LLC (ND Elite) program accepts and assumes the inherent risks of participation in the program. I attest and verify that I am physically fit and I have sufficiently trained for ND Elite, and that a medical doctor has verified my physical condition. In consideration of my being permitted to participate in the program, I agree to ASSUME ANY AND ALL RISKS OF INJURY OR DEATH, which may be associated with or result from my participation in these events.
In consideration of acceptance of my entry into ND Elite, I, for myself, my heirs, my executors, my administrators, my trustees, and any and all successors in interest, do hereby voluntarily and knowingly agree to forever waive and release any and all rights and claims for any injuries and damages, including but not limited to demands or actions for negligence, premises liability, emotional injury, intentional conduct, resulting in unintended injury or damage tort claims, any other actions or demands of whatsoever nature, to the fullest extent permitted by law, I may have against (1) North Dakota Elite,LLC ; (2) Chelsea Hermanson; (3) Brad Hartsoch; (4) Nicole Lorsung; and (5) all employees, principals,directors, shareholders, agents, members, managers, affiliates, volunteers, officials, and representatives acting for or on behalf of any of these entities (“Releasees”) in connection with my participation in the ND Elite program.
I further agree that if, despite this release, waiver of liability, and assumption of risk I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of Releasees from any loss, liability, damage, or cost which may incur as a result of such claim.
As a condition of my participation in this Event, I hereby grant ND Elite a limited license to use my name, likeness, image, voice, video, athletic performance, biographical and other information (collectively, “Likeness”), in any format whatsoever, and to distribute, broadcast and exhibit these without charge, restriction or liability, but only for the purposes of advertising or promoting the gym, ND Elite, or the sport of Athletics. The foregoing grant, however, does not constitute consent to use my Likeness in an endorsement of any product or service without my specific written consent.
I have read this RELEASE AND WAIVER OR LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, understand that I have given up substantial legal rights by signing it and have signed it freely and without any inducement and assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect. I hereby further agree that this Agreement shall be construed in accordance with the laws of the State of North Dakota.
Dated: Updated April 2019