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Elite Sports Performance, LLC Participant Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement

Elite Sports Performance, LLC Participant Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement


1. THE PARTIES AND AGREEMENT

This Agreement is entered into by the undersigned adult participant OR the parent/legal guardian (the "Parent") on behalf of the minor participant(s) named in this digital form (the "Minor(s)"). In consideration of being allowed to utilize the equipment, services, and the premises of Elite Sports Performance LLC (the “Facility”), located at 7686 St. Clair Ave, Unit 2, Mentor, OH 44060, and all other locations, fields, or venues where the Facility conducts training, camps, or sanctioned events (collectively, the “Premises”), including but not limited to sports training, weightlifting, fitness classes, facility rentals, Private Group Training Sessions, and recreational open gym, the undersigned acknowledges and agrees to the terms set forth below. This agreement is made in favor of Elite Sports Performance LLC, Robert Fioritto, the Property Owner/Landlord Gino Giancola, and their respective members, managers, coaches, agents, employees, and volunteers (collectively, the “Releasees”).

2. ASSUMPTION OF RISK & OBLIGATION TO INSPECT

I acknowledge that participation in athletic training, weightlifting, fitness classes, private group sessions, open gym, and other recreational events at the Premises involves inherent and foreseeable risks of severe injury that cannot be eliminated, even with reasonable safety measures in place.

Physical Activity & Equipment Risks: I am aware of the risks associated with activities such as weightlifting (e.g., strains, muscle tears from improper form or heavy loads), turf-based sports (e.g., burns, slips, or joint injuries), general fitness classes (e.g., overexertion leading to fatigue or dehydration), and recreational play (e.g., collisions during private group training sessions or open gym). These include injuries from mechanical failure, contact with other participants or equipment, or environmental factors like uneven surfaces.

Severe Injury & Disease: Risks include sprains, fractures, paralysis, traumatic brain injury (concussions), sudden cardiac events, and death. I also acknowledge exposure to infectious diseases (e.g., influenza, MRSA, skin infections, COVID-19). The Facility complies with Ohio's Return-to-Play Law for concussions (learn more at Ohio Department of Health Concussion Info) and Lindsay’s Law for sudden cardiac arrest (learn more at Ohio Department of Health Lindsay’s Law Info).

Primary Assumption of Risk: I acknowledge that under Ohio law, participants in recreational and sports activities assume the ordinary and inherent risks of those activities, and recovery for injuries is generally barred unless the injury results from reckless or intentional conduct.

Obligation to Inspect & Adhere to Rules: Prior to participation, I agree to inspect the Premises and equipment. If I observe any unsafe condition, I will immediately notify Facility staff and cease participation. I agree to strictly follow all posted safety rules and staff instructions, including but not limited to:

  • No food, gum, or sunflower seeds on the turf.
  • No metal cleats; only turf shoes or sneakers allowed.
  • Water only in sealed bottles; no other beverages on playing surfaces.
  • Constant adult supervision for minors.
  • No unauthorized equipment or modifications.
  • Spectator and Sibling Control: Parents/Guardians are strictly responsible for the supervision of all non-participating minors, siblings, and guests they bring onto the Premises. Access to exterior industrial areas, loading docks, and parking lots is strictly prohibited. I assume all risks for any non-participating minors under my care.

Voluntary Assumption: On behalf of myself and/or the Minor(s), I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, even if arising from the ordinary negligence of the Releasees or the actions of third parties. For minors, I confirm I have explained these risks in age-appropriate terms and have authority to bind them to this agreement to the extent enforceable under Ohio law.

Parent/Guardian Initials to acknowledge ASSUMPTION OF RISK: 


3. RELEASE OF LIABILITY

I, for myself and on behalf of the Minor(s), our heirs, assigns, executors, administrators, and next of kin, hereby fully and forever release, waive, discharge, and covenant not to sue the Releasees from any and all liability, claims, demands, actions, suits, causes of action, damages, losses, injuries, disabilities, death, or loss or damage to person or property (including but not limited to economic, non-economic, and punitive damages), arising out of or in any way connected with my or the Minor(s)' presence at, entry upon, or involvement with the Premises or any activities conducted there.

This release includes, without limitation, any such claims arising from:

  • Participation in any training session, open gym, private group session, facility rental event, or other activity at the Premises;
  • The ordinary negligence (including acts or omissions) of any Releasee;
  • The actions, omissions, or negligence of third parties, including other participants, renters, groups renting the facility, or spectators;
  • Any condition of the Premises, equipment, or facilities; or
  • Any other cause whatsoever, to the fullest extent permitted by Ohio law.

This release applies to the fullest extent permitted by Ohio law, including on behalf of Minors to the extent such release is enforceable under Ohio law. I understand that this is a full and unconditional release of all claims, known or unknown, present or future, arising from the matters described above.

This release does not apply to claims arising solely from the gross negligence (defined as reckless conduct showing a conscious disregard for a substantial and unjustifiable risk of harm) or willful or intentional misconduct of any Releasee.

4. INDEMNIFICATION (READ CAREFULLY)

I agree to indemnify, defend, and hold the Releasees harmless from any and all claims, liabilities, damages, and expenses (including attorney’s fees). Specifically, if I, the Minor(s), or anyone acting on our behalf, makes a claim or files a lawsuit against the Releasees arising out of our participation or presence at the Premises, I agree to personally indemnify and reimburse the Releasees for any and all damages, judgments, and legal costs incurred. This applies even if the Minor(s) later sues upon reaching adulthood.

Parent/Guardian Initials to acknowledge INDEMNIFICATION AND PERSONAL REIMBURSEMENT: 


5. MEDICAL AUTHORIZATION & PERSONAL PROPERTY

I certify that the Participant/Minor(s) is/are in good physical condition and capable of participating. I agree to disclose any relevant medical history, limitations, or conditions (e.g., allergies, asthma) to Facility staff prior to participation. In the event of an emergency, I grant permission for Facility staff to seek medical treatment (including transport) and assume all financial responsibility for such treatment—my insurance will be primary. I acknowledge that the Facility does not provide participant insurance and recommend checking my own coverage (e.g., health or homeowners). The Releasees are not responsible for any lost, stolen, or damaged personal property brought onto the Premises.

6. MEDIA AND IMAGE RELEASE

I grant the Facility the irrevocable right to use my and/or the Minor(s)' name, image, and likeness captured during any training session or public event for promotional purposes (e.g., social media, website). Opt-Out Option: If I do not wish for images to be used, I can notify Facility staff in writing at the time of the event or email/phone [Bobby@EliteSportsPerformanceGym.com or 440-490-6622].  Opting out does not affect eligibility to participate.


7. SEVERABILITY, JURISDICTION, AND DISPUTE RESOLUTION

If any portion of this agreement is held invalid, the balance shall continue in full legal force. Any legal proceedings shall take place exclusively in the state or federal courts situated in Lake County, Ohio. For minor disputes, we encourage informal resolution—contact us at Bobby@EliteSportsPerformanceGym.com before pursuing legal action. No refunds or cancellations are implied by this waiver; refer to your registration or rental terms for those details.


8. DATA PRIVACY AND COMMUNICATION CONSENT

Elite Sports Performance LLC collects personal information solely for registration, safety, emergency contact, and Facility communications (e.g., updates on sessions or safety alerts). We do not share data with third parties except as required by law. By signing, you consent to receive Facility-related emails and text messages. You can unsubscribe at any time.

I agree to the privacy and communication terms:
I Agree


DIGITAL SIGNATURE AND CONSENT

I CERTIFY THAT I AM THE ADULT PARTICIPANT OR THE PARENT/LEGAL GUARDIAN OF THE MINOR(S) NAMED ON THIS FORM. I HAVE READ THIS DOCUMENT COMPLETELY, I UNDERSTAND I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY. If signing for Minor(s), I confirm I have authority to do so.

First Participant's Name
First Name*
Last Name*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*

Medical Conditions or Allergies

Please list any allergies, medications, or medical conditions the coaching staff should be aware of. IF NONE, PLEASE LEAVE BLANK

Medical Conditions / Allergies
Emergency Contact
First Name*
Last 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.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
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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