THIS RELEASE AND WAIVER OF LIABILITY AGREEMENT (the "Agreement") is entered into by the individual named below (referred to as “I” or “me”) who desires to participate, enjoy or otherwise engage in the activities, services and offerings provided by SINAI SPORTS, LLC, a Pennsylvania limited liability company (the “Company”).
FOR VALUE RECEIVED, receipt of which is acknowledged, and intending to be legally bound hereby, I hereby irrevocably agree to all of the terms and conditions set forth below:
- Acknowledgment and Assumption of Risks. I expressly acknowledge that the activities, services and offerings provided by the Company (i.e., lessons, instruction and/or training related to traditional and alternative sports, training and exercise activities, including, but not limited to ninja training, obstacle training, parkour, gymnastics, plyometrics, soccer, baseball, softball, volleyball, basketball, calisthenics, running, climbing, jumping, throwing, yoga, nutrition, injury prevention, and/or any other activities incidental thereto (the "Activities")) are dangerous and involve the risk of death, serious injury and/or property damage. I expressly assume all risk of harm that arises from participation in the Activities offered by the Company, including, but not limited to death, serious injury or property damage that is caused by, relates to, or otherwise arises from any negligent act or omission on the part of the Company or any of the Company's members, officers, employees and agents (collectively, the "Released Parties").
- Release from Liability. I release and hold harmless the Released Parties to the fullest extent allowed under any applicable local, state or federal law, and I hereby release and forever discharge and waive any and all causes of action, suits, rights, judgments, claims and demands of whatsoever kind, in law or in equity, against the Released Parties for any harm that is caused by, relates to or otherwise arises from participation in the Activities.
- Agreement to Indemnify and Hold Harmless. I agree to defend, indemnify and hold harmless the Released Parties from and against all claims, demands, losses, damages, costs and expenses, including, but not limited to reasonable attorneys' fees for harm that is caused by, related to, or otherwise arises from participation in the Activities, including, but not limited to any negligent acts or omissions on the part of the Released Parties that causes death, injury or damage to any person or property.
- Agreement to Abide by Rules and Regulations. I acknowledge that (i) I have read and fully understand all Company rules, regulations and instructions provided by any Released Party that regulates my conduct when participating in the Activities (the "Rules"); (ii) the Rules are intended to promote the safety of both myself and others around me; (iii) I will abide by the Rules; and (iv) I will immediate forfeit my right to participate in the Activities if I fail to abide by the Rules without the right to refund for any funds paid.
- Agreement to Utilize Images. I authorize and fully license the Company to utilize any image and/or audio recording made of myself in any promotional material for the Company.
- Severability. If any provision of this Agreement is determined to be unlawful, invalid, ineffective or otherwise unenforceable, such provision shall be deemed severed from this Agreement; however, every remaining provision of this Agreement shall remain in full force and effect. An unlawful, invalid, ineffective or unenforceable provision shall, without further action by the parties, be automatically amended to the extent permissible by law to affect the original purpose and intent of such provision.
- Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns.
- Governing Law. This Agreement shall be governed by and interpreted and enforced in accordance with the substantive laws of the Commonwealth of Pennsylvania without reference to the conflicts of laws rules of that or any other jurisdiction, except that Federal law shall also apply to the extent relevant.
BY INITIALING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.
Date: April 5, 2020
VIDEO & PHOTOGRAPHIC RELEASE FORM
I give my permission to Sinai Sports, LLC, its management, employees, agents and legal representatives the irrevocable and unrestricted right to take and/or reproduce photographs and/or videos images of me for the purposes of publication, promotion, illustration, advertising, or trade, in any manner or in any medium. I also hereby release Sinai Sports, LLC and its legal representatives from all claims and liability relating to said images or video.
I understand that I will not be compensated for these photographs and/or video footage and have no rights to them. I am a willful participant.
I hereby waive any right to inspect or approve the finished photograph/video or advertising copy or printed matter that may be used.
I release Sinai Sports, LLC, its management, employees, agents and legal representatives from any and all claims of harm and liability as a result of any distortion, blurring, or alteration, optical illusion, or use in composite form, either intentionally or otherwise which may occur from making, showing, using or distributing these photographs/video.
I HAVE READ THIS RELEASE AND CONSENT FORM, I UNDERSTAND AND AGREE TO ITS TERMS.