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.