In consideration of the risk of injury while participating in Facility Usage/ Activities (the Activity), and as consideration for the right to participate in the activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the activities and forever discharge Elite Athletic Training and Consulting, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from the event related to this activity. I am voluntarily participating in the aforementioned activity and I am participating at my own risk. I am aware of risks associated with traveling to and from as well as participating in this activity, which are but not limited to, illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity. I understand that these injuries may arise from my own or other negligence, conditions related to travel, or the condition of the activity. Nonetheless, I assume all related risks, both known and unknown to me, of my participation in this Activity, including travel to, from and during this activity. I agree to indemnify and hold harmless Elite Athletic Training and Consulting against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else on my behalf. If Elite Athletic Training and Consulting incurs any of these types of expenses, I agree to reimburse Elite Athletic Training and Consulting. I acknowledge that Elite Athletic Training and Consulting and their directors, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Elite Athletic Training and Consulting. I acknowledge that this Activity may involve a test of a persons physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to , participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of the event. I acknowledge that I carefully have read this waiver and release and fully understand that it is a release of liability. I expressly agree to release and discharge Elite Athletic Training and Consulting and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Elite Athletic Training and Consulting for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Elite Athletic Training and Consulting, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that damages to equipment or facilities occurs as a result of my family or familys actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. Participant agrees that any pictures, audio, or visual recordings taken of him/her in connection with the seminar can be used for publication, promotion, articles,shows and advertisement without additional consent and without compensation at this time or any other time. This agreement was entered into arms-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and Elite Athletic Training and Consulting agree that this agreement is clear and unambiguous as to its terms, and no other evidence will be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. I have read and understand this release and agreement and agree to its provisions. I am not under their influence of any drugs, alcohol, or other intoxicants. I am not suffering from any illness or incapacity. I am over 18 years of age. (If not over 18 years of age, parent or guardian must sign.) |
