Release of Liability, Indemnity, and Assumption of Risk. Division 1 Training Naperville, LLC d/b/a D1 Training Fox Valley (hereinafter “D1”) provides Athlete and the public with group fitness, sports and skill training, and other related services (the “Program”). By signing below, Athlete acknowledges and agrees to the following: Athlete represents that Athlete is physically fit to participate in the Program and that prior to participation in the Program, Athlete has consulted a physician regarding any limitations or medical risks that Athlete has in relation to the Program and certifies that Athlete is free from any such limitations and medical risks. Athlete further understands and agrees that the Program involves physical exertion and strenuous physical activity by Athlete, which entails certain risks and serious bodily injury and/or death may occur. For example, physical contact with other participants, equipment or surfaces may occur during the Program. With full knowledge of the risks of serious bodily injury and death, Athlete voluntarily chooses to participate in the Program and (i) hereby forever releases, covenants not to sue, discharges and waives all liability on behalf of D1, its employees, executives, agents, D1 Sports Franchise, LLC (“Franchisor”) and Franchisor’s related affiliates (including without limitation D1 Sports Holdings, LLC), owners, subsidiaries, partners, sponsors, assigns, owners and lessees of the premises, consultants, volunteers and contractors (the "Releasees") for any injury of any kind, property damage or death, suffered by Athlete as a result of Athlete’s participation in the Program, regardless of whether such bodily injury or death was due to negligence of any kind committed by D1 or the releasees or otherwise, (ii) agree to indemnify and hold harmless D1 and the releasees from any loss, liability, or cost they may incur arising out of or related to Athlete’s participation in the Program, workout plan, nutrition guide. Any communication, injury, and misconduct, and (iii) assume full responsibility for any bodily injury, death or property damage arising out of or related to Athlete’s participation in the Program and/or use of the facility. COVID-19 Waiver and Release of Liability. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. By signing below, Athlete agrees to be personally responsible for Athlete’s safety and actions while using the D1 facility. To this extent, Athlete agrees to follow Center of Disease Control (CDC), local health district guidelines and D1 policies and procedures for COVID-19. Athlete acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that Athlete and/or Athlete’s child(ren) may be exposed to or infected by COVID-19 by attending a D1 facility or event and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Athlete understands that the risk of becoming exposed to or infected by COVID-19 at a D1 facility or event may result from the actions, omissions, or negligence of Athlete and others, including, but not limited to, D1 employees, volunteers, and program participants and their families. Athlete voluntarily agrees to assume all of the foregoing risks and accept sole responsibility for any injury to Athlete or Athlete’s child(ren) including, but not limited to, personal injury, disability, and death, illness, damage, loss, claim, liability, or expense, of any kind, that Athlete or Athlete’s child(ren) may experience or incur in connection with attendance at D1 or participation in D1 programming or events (“Claims”). On my behalf, and on behalf of my children, Athlete hereby releases, covenants not to sue, discharges, and holds harmless D1, 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 D1, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any D1 program. Social Media and Communication Release. By signing below, Athlete hereby grants D1 and D1's Franchisor (D1 Sports Franchise, LLC, and its affiliates) (collectively referred to in this paragraph as “D1”) the unconditional right and unrestricted permission to use Athlete’s likeness, image, voice, and or appearance in a photograph, video, or other digital media (“Photo”) in any and all of its publications, including web-based publications, without payment or other consideration. Athlete understands and agrees that all photos will become the property of D1 and will not be returned. Athlete hereby irrevocably authorizes D1 to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, Athlete waives any right to inspect or approve the finished product wherein Athlete’s likeness appears. Additionally, Athlete waives any right to royalties or other compensation arising or related to the use of any such material. Athlete hereby holds harmless, releases, and forever discharges D1 from all claims, demands, and causes of action which Athlete, Athlete’s heirs, representatives, executors, administrators, or any other persons acting on Athlete’s behalf or on behalf of Athlete’s estate have or may have by reason of this authorization or use of photos. D1 agrees to comply with applicable privacy laws. By signing this Agreement, D1 is allowed to send news and promotional offers to Athlete via phone call, text message, email, or any form of communication. To opt out, Athlete must send “STOP” to the designated form of communication Athlete wants to opt out from. Date: April 28, 2024 |
