ASSUMPTION OF RISK. I chose to participate in the activities, which include but are not limited to gym equipment, obstacle course, climbing wall, personal training classes, and enrichment activities/classes (collectively referred to in this Release and Waiver as "Physical Activity"), organized by ALL-SPORTS PTC, LLC (collectively, the "Company") at 615-2 W Park Ave., Oakhurst, NJ 07755. My choice to participate in the Activity is knowing, voluntary, and made for my personal enjoyment. I understand that my participation and/or undersigned minor in the Activity involves inherent risks and dangers of accidents, rescue operations, emergency treatment, property loss or damage, serious personal and bodily injury, paralysis, death, and severe personal and economic losses. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the facilities or equipment. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand, and I have considered the risks involved, and I voluntarily and freely choose to assume these risks by signing this Release (Waiver) of Legal Rights and Indemnification Agreement.
- Undersigned has prepared himself/herself mentally and physically for this Physical Activity, is in adequate physical health, and has no material injuries, mental or physical conditions or impairments whatsoever that would prohibit, impair, or make difficult, inadvisable, dangerous, or physically harmful undersigned's participation in the Physical Activity.
- Undersigned agrees that the various provisions of this agreement are severable, and the invalidity or inapplicability of any provision hereof in this agreement shall be governed by the laws of the state in which this agreement is fully performed in said state. If, under the laws of said state, consents, waivers, releases, and/or agreements as set forth herein are required, as a condition of their enforceability, to be in a certain form or to contain special language, such special form or language is deemed incorporated by reference herein, and undersigned covenants that he/she would have executed, and will upon request of Company execute (with retroactive effect to the date hereof) an agreement pertaining to the subject matter hereof that contains such special form or language.
- This agreement represents the complete embodiment of the understanding and agreements between Company, and undersigned, regarding the subject matter and cannot be changed except in writing executed by undersigned and an authorized representative of Company.
- Undersigned represents that he/she is not a minor or, if a minor, that undersigned has had undersigned's parent or legal guardian sign this form.
- I HAVE READ THIS RELEASE AND WAIVER, FULLY UNDERSTAND ALL THE TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING BELOW, AND HAVE SIGNED THIS RELEASE FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME.I HEREBY WARRANT THE TRUTH OF THE ABOVE STATEMENTS AND I DECLARE THAT I HAVE NOT WITHHELD ANY INFORMATION THAT WOULD INFLUENCE THE DECISION OF COMPANY IN ALLOWING ME TO PARTICIPATE IN THE ACTIVITY. IN SUMMARY, BY SIGNING, I ACKNOWLEDGE THAT IF I AM INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY COMPANY RELATED ENTITY.
- BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. DISPUTE: “Dispute” means any dispute, claim, demand, action, proceeding, or other controversy between undersigned and Company concerning this contract, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law. INFORMAL NEGOTIATION OF DISPUTES: Undersigned and Company agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless Undersigned and Company otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which Undersigned or Company mails a notice of the Dispute (“Notice of Dispute”) as specified below. Undersigned and Company agree that neither will commence arbitration before the end of the time for informal negotiation. NOTICE OF DISPUTE: If Undersigned gives a Notice of Dispute to Company, he/she must send by certified mail to ALL-SPORTS PTC, Attn: Notice of Dispute, 593 Line Road, Aberdeen, NJ 07747 (a) Undersigned name, address, and contact information, (b) the facts giving rise to the Dispute, and (c) the relief Undersigned seeks. BINDING ARBITRATION: Undersigned and Company agree that in the event the any Dispute is not resolved by informal negotiation as set forth above, any effort to resolve the Dispute will be conducted exclusively by binding arbitration. Undersigned understand and acknowledge that by agreeing to binding arbitration, Undersigned is giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, Undersigned understands and agrees that all Disputes will be resolved before a neutral arbitrator, whose award (decision) will be binding and final, except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award. GOVERNING LAW. All matters arising out of or relating to this Release and Waiver shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Monmouth County, New Jersey and I hereby consent to the exclusive jurisdiction of such courts.
CLASS ACTION WAIVER. Undersigned and Company agree that any proceedings to resolve or litigate any dispute, whether in arbitration, in court, or otherwise, will be conducted solely on an individual basis, and that neither Undersigned nor Company will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which Undersigned and Company acts or proposes to act in a representative capacity. Undersigned and Company further agree that no arbitration or proceeding will be joined, consolidated, or combined with another arbitration or proceeding without the prior written consent of Undersigned, Company, and all parties to any such arbitration or proceeding. The above provisions shall survive termination of this Agreement.
Furthermore, I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or video tape or digital photography without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse educational settings within an unrestricted geographic area.
Photographic, audio or video recordings may be used for the following purposes:
- Commercial or print advertising
- educational presentations or courses
- informational presentations
- social media
- promotional videos and pictures
By signing this release, I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in the public setting. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed. By signing this form I acknowledge that I have completely read and fully understand the above release and agree to be bound thereby. I hereby release Company, and any of its representatives, of any and all claims against any person or organization utilizing this material.
UNDERSIGNED REPRESENTS THAT HE/SHE HAS CAREFULLY READ EACH AND EVERY ONE OF THE PROVISIONS HEREOF, FULLY UNDERSTANDS EACH PROVISION, AND CONSENTS TO BE BOUND THEREBY. UNDERSIGNED ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.
(Signature required by a parent or a guardian if you are under 18 years of age)
Date: February 22, 2020