I, (hereinafter referred to as “Athlete”) on (today's date), enter into this Agreement by and between Omni Training Facility LLC, a Minnesota limited liability company, which will be providing services of its facility. I agree to follow the terms and conditions of the facility and know that I am using the facility at my own risk, any injury, dismemberment, or death is not liable to the facility.
ASSUMPTION OF THE RISK: I am aware that all activities associated with using the facility including, but not limited to activities involving aerobic exercise, stretching exercise, running and weight lifting, as well as additional strenuous exercise and/or exertion of strength, and other sustained physical activities which place stress on the cardiovascular and muscular systems (collectively referred to herein as “Training”), are and can be hazardous activities that include certain risks and dangers, including but not limited to, catastrophic injuries, including paralysis, other serious injury and death. In addition, I acknowledge and agree that Trainer has not inspected the equipment at the Location or the suitability of the area for the training and understand that use of the equipment is and can be a hazardous activity that includes certain risks and dangers, including but not limited to, catastrophic injuries, including paralysis, other serious injury and death.
I VOLUNTARILY ACCEPT FULL RESPONSIBILITY OF ALL RISKS INVOLVED, INCLUDING RISKS FROM PARTICIPATING IN ANY WAY IN THE TRAINING, USE OF EQUIPMENT AT THE FACILITY,OR USE OF EQUIPMENT I PROVIDE.
WAIVER: In consideration of my willful use of the facility, and/or it’s training exercises provided, I do hereby release, waive, discharge and covenant not to sue Omni Training Facility LLC and/or its governors, members, managers, officers, directors, agents, employees, and affiliated entities (hereinafter referred to as “Releasees”) from any liabilityresulting in personal injury, accident or illnesses (including death) to myself or damage to my property which is caused by the BREACH OF ANY EXPRESS OR IMPLIED WARRANTY or the NEGLIGENT ACT OR OMISSION of any Trainer or Releasee resulting from or while participatingin training and use of facilities, premises or equipment wherever located and by whomever provided.
In the event that I am signing as a parent (or legal guardian) of a minor, I represent that I have full authority to do so, realizing that this Release is binding upon the minor as well as myself.
SEVERABILITY AND JURISDICTION: I further expressly agree that the foregoing provisions in this Agreement are intended to be as broad and inclusive as permitted by the laws of the State of Minnesota and if any portion of this Agreement is held invalid, the invalid provisions shall be rewritten and interpreted to provide Omni Training Facility LLC and Releasees with the broadest, valid protection available under Minnesota law. In addition, the parties agree that the all other valid provisions in this agreement shall continue in full legal force and effect. I further acknowledge and agree that this Agreement shall be governed by and shall be construed in accordance with the laws of the State of Minnesota. Any claims or legal actions by one party against the other shall be commenced and maintained in the state courts of the State of Minnesota and the parties hereby submit to the jurisdiction and venue of any such court in Stearns County.
INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD Omni Training FacilityLLC and all Releasees harmless of any and all claims, actions, suits, procedures, costs, expenses, duties and liabilities, including costs and attorney’s fees brought as a result of my Training and use of the facility and to reimburse Omni Training Facility LLC for any such expenses incurred.
ARBITRATION: THE ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION SUBJECT TO THE FOLLOWING: (I) ALL DISCOVERY ALLOWED BY THE MINNESOTA RULES OF CIVIL PROCEDURE APPLY TO THIS PROCEEDING. EITHER PARTY MAY SERVE INTERROGATORIES, TAKE DEPOSITION AND UNDERTAKE OTHER PERMITTED DISCOVERY BUT IT IS THE INTENT OF THE PARTIES TO MOVE THIS MATTER TO HEARING AS QUICKLY AND ECONOMICALLY AS POSSIBLE. ANY DISCOVERY DISPUTE SHALL BE DECIDED BY THE ARBITRATORS; (II) THE ARBITRATORS SHALL HAVE ALL THE POWERS PROVIDED FOR IN MINN. STAT. SEC. 572, ET SEQ. IN ADDITION, THE ARBITRATORS SHALL MAKE ALL APPROPRIATE DEDUCTIONS OF SETOFFS FROM THE AWARD THAT WOULD HAVE BEEN MANDATED BY MINNESOTA LAW HAD THIS MATTER BEEN TRIED TO A JURY. THESE INCLUDE BUT ARE NOT LIMITED TO THE COLLATERAL SOURCES DEDUCTION FOUND AT MINN. STAT. SEC. 548.36; (III) EACH PARTY WILL PROVIDE THE ARBITRATORS WITH A COPY OF ALL EXHIBITS THEY INTEND TO INTRODUCE, AT LEAST ONE WEEK PRIOR TO THE SCHEDULED HEARING DATE. EXHIBITS SHALL BE EXCHANGED BETWEEN EACH PARTY PRIOR TO THEIR SUBMISSION TO THE ARBITRATORS. ANY EXHIBIT OBJECTED TO BY EITHER PARTY SHALL NOT BE SUBMITTED TO THE ARBITRATORS PRIOR TO THE HEARING. THAT EXHIBIT MAY BE OFFERED AT THE HEARING, AND A RULING ON ADMISSIBILITY WILL BE MADE AT THAT TIME. THE PARTIES AGREE THAT ALL RELEVANT RECORDS AND REPORTS MAY BE ADMITTED WITHOUT REGARD TO THE HEARSAY RULE; AND (IV) THE ARBITRATORS HAVE THE SOLE DISCRETION TO DENY OR AWARD COSTS OR PRE-JUDGMENT INTEREST TO EITHER PARTY.
THE ARBITRATION SHALL BE CONDUCTED IN STEARNS COUNTY OR AT SUCH OTHER LOCATION AS THE PARTIES MUTUALLY AGREE. A MAJORITY DECISION OF THE ARBITRATION PANEL WILL BE FINAL AND BINDING ON THE PARTIES AS TO ALL MATTERS AND ALL RULINGS. THE DECISION SHALL BE MADE NOT LATER THAN THIRTY BUSINESS DAYS FOLLOWING THE CLOSE OF THE ARBITRATION HEARING. EACH PARTY SHALL PAY THE FEES AND COSTS ASSOCIATED WITH ITS SELECTED ARBITRATOR AND THE PARTIES SHALL SHARE EQUALLY THE FEES AND COSTS OF THE THIRD ARBITRATOR. IF THE PARTIES MUTUALLY AGREE IN WRITING, THE DISPUTE MAY BE SUBMITTED TO A SINGLE ARBITRATOR MUTUALLY ACCEPTABLE TO THE PARTIES.
PHYSICIAN APPROVAL: I have represented to Trainer that I have either a) been given a physician’s permission to participate in the Training, or b) voluntary participate in the Training and all risks related to the Training without the approval of my physician(s). I represent that I am not aware of any medical or physical condition that would prevent me from participating in the Training or from using equipment or facilities which pose a serious health risk to me. I further acknowledge that Trainer has relied on my statements as being accurate and complete, as a condition to entering into this Agreement. I further acknowledge and agree that I am not obligated to participate in any Training that I do not wish to participate in. I will inform Trainer immediately if I do not wish to participate in any specific Training. I agree to inform Omni Training Facility LLC if any of my conditions change.
NAME AND LIKENESS RELEASE: I understand that Omni Training Facility LLC, may photograph or video me prior to, during my use of the facility, or at the completion of Training and I agree to allow facility to use photographs and videos of me, as well as, name and likeness for promotional purposes without further notice.
ACKNOWLEDGEMENT OF UNDERSTANDING: I HAVE READ THE ASSUMPTION OF RISK, WAIVER OF LIABILITY, PROVISIONS IN THIS AGREEMENT AND I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THE AGREEMENT FREELY AND VOLUNTARILY AND INTEND, BY MY SIGNATURE THAT THIS DOCUMENT BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I FURTHER CERTIFY THAT I HAVE FULLY READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT AND WILL COMPLY WITH THE CONTENTS HEREIN.