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RELEASE OF LIABILITY -- READ BEFORE SIGNING

In consideration of being allowed to participate in any way with TAOLA Fitess LLC (dba Dexterity Depot), its related events and activities, I, the undersigned, acknowledge, appreciate, and agree that:

  1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and,
     
  2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
     
  3. I willingly agree to comply with the stated and customary terms and conditions for participation.  If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the Company immediately;  and,
     
  4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY  RELEASE, INDEMNIFY, AND HOLD HARMLESS TAOLA Fitness, LLC dba Dexterity Depot their officers,  officials, agents and/or employees, volunteers, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessor’s of premises used for the activity ("Releasees"), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property associated with my presence or participation, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT , FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Date Signed: October 14, 2019

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Explanation Information

With forty (40) years of risk and insurance management specialty in the sports, recreation, leisure, exercise and entertainment industry ("specials"), the insurance industry has gained valuable experience with litigation involving "waiver" forms as exculpatory contractual agreements.

At least six important legal issues arise with waiver forms as follow.

  1. Parties, purpose and "product" must be legal and legible.
  2. A) Parties must ALL be represented and responsive to the agreement.
    B) Purpose must sole and separate as waiver, release, indemnification agreement of liability only.
    C) "Product" must carefully consider and comprise:
         i) legal construction/structure as agreement/contract (format for "waiver", etc.),
         ii) agreement/contract must be sole, separate (not multi-/mingled-purpose (s), not confused/confusing with other agreements/contracts, eg, medical, media, etc.
         iii) words, concepts, language must be clear and unambiguous to the "average" person, with strong statements regarding negligence, injury (ies), damage (s), cost (s), insurance, indemnification, "convenants not to sue", assumption of risk", indemnification, etc.;
         iv) print (10 point/large type),

ALL above address issues to confirm clear, concise contract, to avoid arguments of "small print", "confusing", "complicated", etc. Releases: 1) embracing all of the above elements have a proven precedent for legal success;

2) not embracing all of the above have been considered deficient and difficult to defend in litigation.

In years of "specials" legal liability litigation, it is essential for "specials" organizations to demonstrate that they have adhered to the optimum industry standard of performance and followed recommended guidelines of rules and regulations.

Waiver and release forms are a widely-recognized standard in the "specials" industry, particularly in sports participatory organizations and events.

Legal liability insurance for claims brought by participants in athletic activities (participant legal liability, "pll") is a Unique insurance product which is not readily available in the "standard" insurance industry. Some, few "specials" insurers have been able to continually provide "pll" insurance for "specials" organizations and events which comply with underwriting requirements, such as arranging sufficient participant accident insurance, and implementing a waiver and release system, among other requirements. A waiver and release is required to be properly executed from the participant (and others as appropriate, such as parents, guardians, etc.) in virtually every "specials" organization (in the absence of a waiver and release system, or disregard for other underwriting requirements, "pll" is excluded or considerably reduced in liability limits).

If properly arranged, the liability insurance program (including "pll") insurer/administrator could/would be responsible for defending you and/or organization in a case of alleged negligence. Consequently, the implementatoin of the waiver and release form and system developed in conjunction with you and/or organization is to make you and/or the organization (eg, members, clubs, officials, etc.) defensible as possible. This document has proven to be extremely important in liability claims.

Signing a waiver and release of liability form does not preclude a person from filing a suit against you and/or the organization, member, club, landlord, sponsor or others in the event of alleged negligence supposedly resulting in participant bodily injury. However, a properly executed waiver and release form and system does serve many important purposes.

  1. It may discourage a person and/or representatives and/or other parties from ever initiating legal action.
  2. It may be upheld as enforceable in a court of law.
  3. It may provide in a court of law "indisputable documentation" that participants (and/or their representatives received "appreciable warning" of the inherent risks/dangers associated with participation in "specials" and that they participate at their "own risk" with "informed consent" for "risk assumption" and "indemnification". "Warning" (or "failure to warn") is an essential element in cases of this type. Documenting defense with these warnings demonstrates accountability and responsibility to participants.        

"Specialties" risk and insurance management specialists are committed to providing the highest possible degree of available and affordable liability insurance, and, having a proven waiver and release and system, is an important aspect of that.

This important form and system is the "first line of defense" in a participant liability claim. It may eliminate you and/or the organization of painful and problematic litigation time, trouble and treasure involving participants injured at one of your and/or the organization's events or activities. If not eliminate, it may mitigate when defensible, justifiable and reasonable.

The waiver and release of liability has been developed over forty (40) years of "specials" experience. Many years of working with liability claims allows insight into the best (or, at least, better) format and content for this form which is designed and developed over time as much as possible to eliminate or mitigate as many of these claims and costs, with reliability proven many times in court case precedents.

Therefore, "specialties" insurers require that each organization and/or event cause, collect and to keep a properly executed waiver and release of liability, in the form outlined above, from each and every participant in any and all activities. It is the responsibility of you and/or the organization to retain forever and to render rapidly the properly executed waiver and release form in a timely manner if and when participant liability litigation arises, relative to minors and/or adults, including for minors when they become adults (generally, across the United States to be considered age 18 or younger/older).

Although the attached waiver and release form is a specimen, it is just a specimen with precedent, and any and all waiver and release forms should be reviewed by your legal counsel. The above principles offer some standardization for uniformity and consistency of proven defense and precedent, hopefully, for your or the organization's best benefit.

Failure to properly implement a waiver and release form and system jeopardizes the "pll" insurance only; it probably has no effect on the public liability nor participant accident insurances, which should apply separately and simultaneously, as this is exactly the reason and purpose for the participant accident (to respond rapidly and responsibly to the immediate injury situation, hopefully, to fully compensate any economic loss, thus reducing the need or desire for "liability" litigation.

You and/or your organization have an opportunity to benefit from this extraordinary experience in dealing with waiver and release forms, and you and/or the organization appreciate (s) the importance of this requirement, again, to the best benefit of all parties and purposes of participation!        

FOR PARENTS/GUARDIANS OF PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT TIME OF REGISTRATION): This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasee’s, and, for myself, my child and our heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasee’s from any and all liabilities incident to my minor child's involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's 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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