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WAIVER AND RELEASE FROM LIABILITY for Tenacity Training LLC

WAIVER AND RELEASE FROM LIABILITY

  • In consideration of using the use of Tenacity Training, LLC’s (“Tenacity”) equipment and facilities at 3445 Lovelaceville Rd, Paducah, Kentucky, 42001 and/or the same equipment being located at any public or private place (collectively “Facilities and Equipment”) and participating in any way in the provision of lessons, instruction and/or training related to parkour, free running, obstacle courses, weightlifting, gymnastics, tumbling, (acrobatic) tricking, mixed martial arts, running, rowing, climbing, jumping, throwing, kickboxing, nutrition, ninja, rock climbing, dodgeball, kickball, pickle ball, NERF-style or foam gun and blaster events, fitness training, personal training, competitions involving any of the aforementioned activities and/or activities incidental thereto (the “Activities”), I, on behalf of myself and my child or ward, my personal representatives, executors, administrators, heirs, and assigns (collectively the “Participant”, also referred to as “I”, “me”, and “my”), acknowledge and agree as follows:

     

    1. I understand that the risk of injury from the Activities is significant, including but not limited to the potential for minor injuries, serious disabilities, illness, permanent paralysis, and death, and while particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist. Although Tenacity will provide instruction involving the proper and safe performance of Activities, Tenacity shall not be responsible for the manner in which the Activities are performed by the Participant.

     

    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 IN OR OBSERVATION OF THE ACTIVITIES. I hereby certify that Participant is healthy and capable of participating in the Activities.

     

    3. I willingly agree to comply with the stated and customary terms and conditions for participation in the Activities, including but not limited to all safety instructions and demarcated areas of the Facilities and Equipment. I agree that I will inspect the Facilities and Equipment and, if I observe any unusual hazard or anything unsafe during my participation, I will alert Tenacity and will remove my self from participation immediately.

     

    4. I understand that I will not be permitted to participate in the Activities without executing this Waiver and Release. As a condition of my participation in the Activities, I grant Tenacity, its members, employees, agents, successors, and assigns perpetual and non-revocable permission to use, reproduce, adapt, publicly distribute, perform, display, broadcast, acquire, activate, retain, and transmit my name, photographs, and videos in which my image and likeness appears in connection with my participation in the Activities including but not limited to advertising, media, electronic displays, promotions of events or the Activities, and any non-commercial use without compensation to me.

     

    5. I HEREBY RELEASE, WAIVE, FOREVER DISCHARGE, INDEMNIFY, AND HOLD HARMLESS TENACITY, IT’S MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, OTHER PARTICIPANTS (COLLECTIVELY THE “RELEASEES”), FROM ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING THE COSTS OF LITIGATION AND REASONABLE ATTORNEYS’ FEES), WHICH ARISE OR MAY HEREAFTER ARISE FROM PARTICIPANT’S INVOLVEMENT IN THE ACTIVITIES, PRESENCE IN OR ON THE FACILITIES AND EQUIPMENT, OR IN ANY MANNER ASSOCIATED WITH THE USE OF MY LIKENESS. I UNDERSTAND THAT THIS RELEASE DISCHARGES THE RELEASEES FROM ANY LIABILITY OR CLAIM WITH REPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE THAT MAY RESULT FROM PARTICIPANT’S INVOLVEMENT IN THE ACTIVITES OR PRESENCE ON THE FACILITIES AND EQUIPMENT. I UNDERSTAND THAT RELEASEES DO NOT ASSUME ANY RESPONSIBILITY FOR OR OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE OR OTHER ASSISTANCE, INCLUDING BUT NOT LIMITED TO MEDICAL, HEALTH, OR DISABILITY INSURANCE IN THE EVENT OF INJURY OR ILLNESS, AND I AGREE TO RELEASE, WAIVE, FOREVER DISCHARGE, AND HOLD HARMLESS RELEASEES FROM ANY LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND ASSOCIATED WITH THE PROVISION OF ANY FIRST AID TREATMENT OR MEDICAL SERVICES RENDERED IN CONNECTION WITH THE ACTIVITIES OR PRESENCE ON THE FACILITIES AND EQUIPMENT.

     

    6. I am exclusively responsible for any personal property and agree that Tenacity shall not have any duty or responsibility for any loss or damage to my personal property.

     

     

    7. I expressly agree that this Waiver and Release is governed by the laws of the Commonwealth of Kentucky, and if any portion is determined to be unenforceable, that portion shall be disregarded, and the remaining terms remain in effect and enforceable. I further waive all rights to a trial by jury and expressly submit to the jurisdiction of the state courts of the Commonwealth of Kentucky, and the U.S. District Court for the Western District of Kentucky if necessary and agree that venue is proper in the appropriate court located in McCracken County, Kentucky.

AS THE PARTICIPANT OVER THE AGE OF 18 AND POSSESSING LEGAL COMPETENCY, I HEREBY AFFIRM AND ACKNOWLEDGE THAT I HAVE READ THIS COMPLETE DOCUMENT AND UNDERSTAND ITS CONTENTS AND AGREE TO BE BOUND THEREBY.
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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*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Additional Information

How did you hear about us?
AS THE PARENT OR GUARDIAN OF A PARTICIPANT, BY SIGNING THIS WAIVER AND RELEASE, I REPRESENT, CERTIFY, AND WARRANT THAT I AM THE PARENT AND/OR LEGAL GUARDIAN OF A MINOR CHILD OR INDIVIDUAL UNDER LEGAL GUARDIANSHIP WHO IS THE PARTICIPANT AS DEFINED HEREIN, WITH LEGAL RESPONSIBILITY FOR SUCH PARTICIPANT. I HAVE THE LEGAL AUTHORITY TO ACT FOR AND ON BEHALF OF THE MINOR OR WARD NAMED AS THE PARTICIPANT HEREIN. AS SUCH, I, ON BEHALF OF MYSELF AND MY CHILD OR WARD, DO CONSENT AND AGREE TO ALL OF THE TERMS OF THIS WAIVER AND RELEASE AND VOLUNTARILY AND WILLINGLY AGREE TO BE BOUND THEREBY. On behalf of a minor (less than 18 years of age): -I represent and warrant that I am the parent and/or legal guardian of such minor child ("Child”) and that the Child is in good health and there are no special problems associated with the care of the Child; -I accept responsibility for all the Child’s medical expenses incurred in connection with the sport or use of the facilities; -I agree to indemnify Tenacity Training LLC for any and all claims brought by the Child or any person acting on the Child’s behalf; -I agree to indemnify Tenacity Training LLC for any and all claims brought by a third party arising in connection with the Child’s participation in the sport or use of the facilities; By signing, I agree to all terms of this Waiver and Release
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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