In consideration of being allowed to participate in and receive, whether individually or in a group, instruction and/or training by and/or to utilize facilities owned and/or operated by Clutch Performance, Incorporated, American Patriot Properties, LLC or their respective affiliates, agents, owners, officers, volunteers, participants, employees, contractors and all other persons or entities acting in any capacity on their behalf (collectively, the “Released Parties”), I hereby agree to release, indemnify, and discharge the Released Parties, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: - I expressly accept and assume all risks as to participating in any activity conducted by any of the Released Parties or located at any facility owned and/or operated by any of the Released Parties. My participation is purely voluntary, and I elect to participate in spite of the risks, known and unknown.
- I ACKNOWLEDGE THAT PARTICIPATING IN PHYSICAL EXERCISE AND/OR TRAINING MAY CAUSE INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, SICKNESS, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless, the Released Parties, from any and all claims, demands, or causes of action, which are in any way connected with my participation in any activity or my use of any of the Released Parties’ equipment or facilities, including, but not limited to, any such claims which allege negligent acts or omissions of any of the Released Parties.
- Should any of the Released Parties or anyone acting on their behalf, be required to incur attorney fees and cost to enforce this Release, I agree to indemnify and hold them harmless for all such fees and costs.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage to myself. I further certify that I am willing to assume the risk of any and all medical or physical conditions I may have. I acknowledge that any injuries that I sustain may be compounded by delayed or negligent emergency response or rescue operations of any of the Released Parties.
- In the event of any legal action between any of the Released Parties and myself as to any matter, I agree to venue and jurisdiction in the county of Madison and the state of Alabama, and I further agree that this Release shall be governed by the laws of the state of Alabama without regard to the conflict of law rules of that state.
- I agree that if any portion of this Release is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this Release, I acknowledge that if I or anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against any and all of the Released Parties on the basis of any claim from which I have released them herein. Furthermore, I agree to be bound by the code of conduct of the Released Parties, as such may change from time-to-time. Failure to comply with all codes of conduct of Released Parties may lead to your removal from the facility in the discretion of any of the Released Party. This Release applies to any activities on the date this Release is executed and any and all future activity or events. I have had sufficient opportunity to read this entire Release. I have read and understood it, and I agree to be bound by the terms and conditions of this Release. Furthermore, this Release is intended to be a complete release of all claims, known or unknown, arising from my participation in any activities on the property of any of the Released Parties and the undersigned is voluntarily executing the same as such with full knowledge of such. This Release shall be binding on all of the undersigned’s agents, affiliates, representatives, executors, successors, parents, estate and assigns. Today's Date: November 12, 2024 |