Throughout this Waiver & Release, Elite Sports Performance, LLC will be referred to as "The Company."
I, the undersigned, acknowledge the inherent risks involved when using any type of fitness equipment at The Company, and in all other sports and training activities relating therein. Accordingly, as consideration in exchange for being allowed to participate in any fitness and sports activities at The Company, I agree to the following:
1) Obligation to Inspect Facility/Equipment and Report Unsafe Conditions: I, the undersigned, agree that prior to participating in any activity at The Company, I will inspect the facilities and all equipment to be used, and if, through my inspection, I determine that anything related to that activity is unsafe, I will immediately advise the Staff or another official of The Company of this unsafe condition and will not participate until this condition is corrected.
2) Recognition of Inherent Risks: I, the undersigned, acknowledge and fully understand that I will be engaging in activities that involve risk of serious injury, which may include permanent disability and even death, and severe social and economic losses which might result not only from my actions, but also from the action, inaction, or negligence of others, the rules of play, or the condition of the premises, or any equipment used, and further that there may be risks not known to me or not reasonably foreseeable. I expressly assume all risks of injury, including death, which may occur in connection with my participation in activities at The Company.
3) Assumption of Liability for Inherent Risks: I, the undersigned, agree to assume all the foregoing risks and accept full responsibility for my own damages following such injury, permanent disability, or death.
4) Release and Covenant Not to Sue: I, the undersigned, release, waive, discharge, and agree not to sue The Company, its parent company, and any subsidiaries and all its respective agents, affiliates, associates, officers, directors, owners, employees, interns, and volunteers (collectively "Releasees") from demands, losses, or damages on account of any bodily injury, death or property damage caused or alleged to be caused in whole or in part by Releasees or any other party's actions, inactions, or otherwise.
5) Indemnification: I, the undersigned, shall defend, indemnify, and hold The Company and Releasees harmless from and against any and all liability, loss, expenses, including reasonable attorney’s fees, claims from injury or damages to the extent that the same are caused by or result from the negligence or the intentional acts or omissions of third parties or of an individual or group renting space from the facility, it's officers, agents, or employees.
6) Emergency and Medical Care Consent: I, the undersigned, consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as The Company may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency.
7) Assumption of Risk and Waiver of Liability Relating to Coronavirus (COVID-19): I, the undersigned, acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending activities at The Company and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at The Company may result from the actions, omissions, or negligence of myself and others, including, but not limited to, The Company's employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at The Company or participation in The Company's programming (“Claims”). On my behalf I hereby release, covenant not to sue, discharge, and hold harmless The Company, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of The Company, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Company program.
I, the undersigned, expressly agree that the terms of release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of this state. Any provision or portion of this Waiver, Release, and Indemnity Agreement found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion. The offending provision or portion shall be construed to the maximum extent possible to confer upon the parties the benefits intended thereby. Said provision or portion, as well as the remaining provisions or portion hereof, shall be construed and enforced to the same effect as if such offending provision or portion thereof had not been contained herein.
I, the undersigned, have read and understand the above Waiver, Release, and Indemnity Agreement and agree to its terms on behalf of myself. I understand that by signing below, I am giving up substantial rights on behalf of my myself. October 20, 2020