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

1. THE PARTIES AND AGREEMENT

This Agreement (the "Participant Waiver") is entered into by the undersigned adult entering the Premises, whether as a participant or spectator (the "Participant"), OR the parent/legal guardian (the "Parent") on behalf of every minor I bring to the Premises, including siblings who do not take part in activities (the "Minor(s)"). In consideration of being allowed to enter the Premises and use the equipment, services, and premises of Elite Sports Performance LLC (the "Facility"), located at 6098 and 6100 Pinecone Drive, 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, hosted events, parties, 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, its owners, members, officers, managers, employees, coaches, agents, volunteers, and insurers, and the property owner of the Premises at 6098 and 6100 Pinecone Drive, Jude 6061 LLC (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). Ohio has laws on concussions (the Return-to-Play Law) and sudden cardiac arrest (Lindsay's Law) in youth sports. More information is available from the Ohio Department of Health at https://odh.ohio.gov/know-our-programs/child-injury-prevention/youthconcussions and https://odh.ohio.gov/know-our-programs/lindsays-law.
  • 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: Before participating, I agree to inspect the Premises and equipment. If I observe any unsafe condition, I will immediately notify Facility staff (or, if no staff are present, the event host or the Facility at 440-490-6622) and stop participating. I agree to strictly follow all posted safety rules and instructions from staff or the event host, 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 or lidded bottles; no other beverages on playing surfaces.
  • No glass containers, and no pets except service animals as required by law.
  • Constant adult supervision for minors.
  • No unauthorized equipment or modifications, and no touching of weights, racks, machines, or the overhead storage platform unless authorized by Facility staff.
  • 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. Play, warm-ups, and loitering in parking lots and in exterior or common areas of the property are 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.

I Agree

By checking this box, I explicitly agree to all terms within this Section 2 (Assumption of Risk & Obligation to Inspect).

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, INCLUDING CLAIMS ALLEGING THE ORDINARY NEGLIGENCE OF ANY RELEASEE.

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

  • Participation in any training session, open gym, private group session, facility rental event, party, 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 to the extent caused by the gross negligence (defined as reckless conduct showing a conscious disregard for a substantial and unjustifiable risk of harm), willful or wanton misconduct, or intentional acts of any Releasee.

I Agree

By checking this box, I explicitly agree to all terms within this Section 3 (Release of Liability). I understand this releases the Releasees from claims, including claims based on their ordinary negligence, on behalf of myself and the Minor(s).

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.

This indemnification does not apply to losses to the extent caused by the gross negligence, willful or wanton misconduct, or intentional acts of the Releasees.

I Agree

By checking this box, I explicitly agree to all terms within this Section 4 (Indemnification).

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 or the event host before participation, and I will provide an emergency contact on this form. In the event of an emergency, I grant permission for Facility staff, the event host, or any adult in charge to call 911 and seek medical treatment (including transport), and I 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 right to use my and/or the Minor(s)' name, image, and likeness captured during any training session, party, rental, or other event at the Premises for promotional purposes (such as social media and the website). I may opt out at any time by emailing Bobby@EliteSportsPerformanceGym.com or calling 440-490-6622, or by notifying Facility staff in writing if staff are present. An opt-out applies going forward and does not affect eligibility to participate. This section does not apply to security camera footage.

7. VIDEO SURVEILLANCE AND SECURITY

For the safety of all participants and the protection of the Facility, the Facility uses video surveillance cameras at the Premises. Video is recorded and may be reviewed afterward. By entering the Premises, all participants, spectators, and guests acknowledge and consent to being recorded by these security cameras. There is no opt-out for security surveillance, which is separate from promotional photos and video. Footage may be used to enforce this agreement and the Facility's rental and party agreements, verify waivers and attendance, investigate damage or incidents, resolve disputes, and assist insurers or law enforcement. Security footage is not used for marketing. Cameras are not installed in restrooms or other areas where people have a reasonable expectation of privacy.

8. 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.

9. 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 about sessions, events, and safety. Message and data rates may apply. You can unsubscribe at any time.

I Agree

By checking this box, I explicitly agree to all terms within this Section 9 (Data Privacy and Communication Consent).

DIGITAL SIGNATURE AND CONSENT

I CERTIFY THAT I AM THE ADULT PARTICIPANT OR SPECTATOR, OR THE PARENT/LEGAL GUARDIAN OF EVERY MINOR I BRING TO THE PREMISES AND HAVE LISTED 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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