ASSUMPTION OF RISK / WAIVER OF LIABILITY / PUBLICITY RELEASE
(The “Agreement”)
READ THIS AGREEMENT FULLY AND CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
AGREEING TO THE TERMS OF THIS AGREEMENT IS A CONDITION OF ACCESS TO ANY BIRDBOX LLC EVENT, VENUE OR OTHER FACILITY.
THIS AGREEMENT COVERS IMPORTANT LEGAL MATTERS INCLUDING, WITHOUT LIMITATION:
(i) ASSUMPTION OF ALL RISKS BY YOU,
(ii) CONSENT TO PARTICIPATE AND MEDICAL TREATMENT,
(iii) WAIVER OF LIABILITY AND RELEASE OF ALL CLAIMS,
(iv) INDEMNITY BY YOU,
(v) PUBLICITY RELEASE AND WAIVER, ASSUMPTION OF RISK / WAIVER OF LIABILITY
1. Consideration for Waiving Liability. In consideration for the opportunity to attend, participate in, compete in or volunteer at BIRDBOX COACHING DEVELOPMENT, provided by GYMPROG LLC (trading as BIRDBOX), and any related activities, use of any
equipment, tests, promotional events, training, seminars, workouts, exercise,
entertainment, demonstrations, instruction, ceremoniesand exhibitions
(Collectively, the “GYMPROG LLC Event”), whether conducted, owned, leased, organized, operated, managed, supported, sanctioned or sponsored by or on behalf of
GYMPROG LLC, or any of their respective officers, directors, agents, assistants, contractors,
volunteers, staff, representatives, guests and employees, as well ascoaches, instructors, judges, trainers, owners, lessors, lessees or operators of any gym or GYMPROG LLC or
CrossFit licensed affiliate gym (commonly known as an affiliate, gym or box), GYMPROG LLC
Event sponsors, exhibitors, vendors, spectators, media and medical personnel present at
the GYMPROG LLC Event (collectively, the “GYMPROG LLC”), or any other venue, location
or equipment used in or with any part of a GYMPROG LLC Event (collectively, the “Venue”
and together with the GYMPROG LLC.
Parties, the “ Released Parties ” and each a “ Released Party ”), with or withoutsupervision and whether such activities take place at or near the Venue,traveling to or from the Venue or otherwise, and for other good and valuableconsideration, the receipt and sufficiency of which are hereby acknowledged, byclicking the appropriate box and agreeing to this Agreement, I (sometimesreferred to herein as “ Participant ”), for myself, my heirs, executors, next of kin,successors in interest, guardians, legal representatives, assigns andadministrators, agree as follows:
2. Dangerous Activity.
2.1. Inherent and Additional Risks. I agree and acknowledge that participating inthe GYMPROG LLC Event may involve inherent danger and risk, that the risk of injury from the
GYMPROG LLC Event is significant, that the GYMPROG LLC Event can be
unpredictable, and that such risks and dangers include, without limitation, the danger and
risk of
(i)PHYSICAL INJURY AND/OR DEATH;
(ii) falling, jumping, landing, misdirectedequipment, colliding with staff, guests, media
personnel and spectators;
(iii)minor injuries, such as scratches, bruises and sprains;
(iv) major injuries, suchas joint and back injuries, broken bones, dislocated shoulders, concussions, rhabdomyolysis, musculoskeletal injuries, cardiovascular injuries, Cardiovascular trauma, heart attack, stroke, and injury to my fetus (if pregnant);
(v)catastrophic injuries, such as brain injury and paralysis.
(vi) property damage.
With respect to any Participant acting as a volunteer for the GYMPROG LLC Event or Venue,
the activities at the GYMPROG LLC Event may also include, without limitation,
(a)assisting with, preparing for or tearing down a venue;
(b) participating in theadministration, monitoring or governance of an event or activity;
(c) competingin, assisting participants and/or their families in preparing and training for anevent or activity;
(d) teaching or instruction, equipment preparation ormaintenance;
(e) directing traffic and people;
(f) performing administrativetasks, and/or
(h) participating in any other duties or uses of the GYMPROG LLC event and Venue.
I also understand that the use of alcohol and/or drugs may increase orexacerbate these risks and dangers. I understand and agree that neither myactions, nor the actions of any other person, can necessarily be controlled, andthat my safety and health cannot be guaranteed while participating in or observing the GYMPROG LLC Event and related activities or
visiting the Venue.
By signing thisAgreement, I freely accept and fully assume responsibility for all such dangersand risks and the possibility of personal injury, death, property damage or lossresulting therefrom. I acknowledge and understand that the description of therisks and dangers listed above is not complete and that participating in the GYMPROG LLC Event involves additional
risks and dangers, which may include, withoutlimitation, encounters with motor vehicles and equipment, limited access to and/or delay of medical attention, mental distress
from participation, andnegligence of others. I understand that there are risks involved in thedecision-making and conduct of the GYMPROG LLC employees and volunteers involved with the GYMPROG LLC Event, including, but not limited to, the risk that a coach, instructor, staff or volunteer may misjudge a participant’s abilities, conditioning, or mental, emotional or physical condition, misjudge weather, terrain, facilities, equipment, location, or misjudge some other aspect of the GYMPROG LLC Event that may
make a certain portion of any GYMPROG LLC Event inappropriate for participant.
2.2. Equipment. I agree to inspect before use all equipment offered for use atthe GYMPROG LLC Event and the Venue, including without limitation, exercise and fitnessequipment and apparatus or other equipment (the “Equipment”) and to askquestions of the GYMPROG LLC Event employees and/or instructors if I do not fully understand how to use either the
Equipment or the Venue. I warrant that information provided to GYMPROG LLC Event employees, instructors, seminar technicians and personnel will be accurate
and complete. If I am under the age of 18, my parentor guardian being at least 18 years old and agreeing to this Agreement on mybehalf (“ Adult”), understands that he/she may not be available or present whenmy Equipment is provided, fitted or adjusted and hereby waives the opportunityto inspect the use and fitting of the Equipment and authorizes the GYMPROGLLC Event agents or employees to oversee the use and fitting of the Equipment.
I understand that, although I may be wearing protective or support gear, asapplicable, such gear cannot guarantee my safety or protect the wearer againstall potential injuries or prevent all injuries. I accept for use “AS IS” anyEquipment used for a GYMPROG LLC, event and agree to identify or return eitherbefore use or promptly after discovery for replacement or repair any Equipmentthat I believe may be damaged or defective in any way. If I am under the age of18, Adult accepts full responsibility for the care of the Equipment used for a GYMPROG LLC and agrees that adult will be responsible for the replacement at full
retail value of anyEquipment damaged or not returned. I understand that additional fees may berequired for use of the Venue, Equipment, or other services provided by the GYMPROG LLC event and that age, height, and ability restrictions may apply to limit participation in the GYMPROG LLC Event and use of some or all of the Venue.
3. Duties of Participant and Representation as to Physical Condition. I agree to, or if I, as the Participant, am under the age of 18, Adult agrees to read and, ifnecessary, explain to me, all posted signs and warnings. I must maintain controlat all times while participating in the GYMPROG LLC Event. I am responsiblefor reading, understanding and complying with all signage, including, withoutlimitation, instructions for the use of the Venue. I acknowledge that I have thephysical dexterity and knowledge to safely engage in the GYMPROG LLC Event and use theVenue. I acknowledge and agree that I am solely responsible for evaluating myphysical fitness, mental fitness, technical skills and experience in order to assess my suitability to engage in the GYMPROG LLC Event. I acknowledge that I have consulted with a qualified physician about my desired participation in the GYMPROG LLC, and will adhere to the guidelines that my physician recommends. I acknowledge that I do not suffer from ANY health condition which may be aggravated by participating in the GYMPROG LLC Event, including, but not limited to, heart conditions or high blood pressure, back, neck or other skeletal, muscular, respiratory or circulatory problems. I acknowledge that I may be required towear protective gear appropriate to the GYMPROG LLC Event at certaintimes while participating in any GYMPROG LLC Event.
4. Consent to Medical Treatment. In connection with any injury that I maysustain or illness or other medical conditions that I may experience during mypresence at the GYMPROG LLC Event or the Venue or otherwise while engaging directly orindirectly in the GYMPROG LLC Event, I authorize and consent to receive any emergency firstaid, medication, medical and/or surgical treatment deemed necessary by theattending personnel and/or the GYMPROG LLC LTD Event employees and agents.
I acknowledgethat the Released Parties are under no obligation to provide such medicaltreatment or services, and the Released Parties do not warrant or make anyrepresentation concerning the adequacy or continuation of such medicalservices, nor can the Released Parties be deemed responsible or held liable forany claims arising out of the provision of such medical services or the failure toprovide or to continue to provide such medical services. I further authorize the attending personnel and/or the GYMPROG LLC Event employees or agents
to execute on mybehalf any permission forms, consents or other appropriate documents
relating to medical attention and to act on my behalf if not able or immediately
availableto do so and the same is urgent as determined in their sole discretion.
I ACKNOWLEDGE AND AGREE THAT EMERGENCY ASSISTANCE AND/ORTREATMENT MAY BE RENDERED BY PERSONS WITH TRAINING OR EXPERIENCEWHICH MAY NOT BE ADEQUATE FOR CERTAIN MEDICAL SITUATIONS AND/ORTHE INJURIES SUSTAINED BY ME, WHICH INJURIES MAY BE COMPOUNDED BYNEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIESOR OTHER INDIVIDUALS OR MEDICAL OR EMERGENCY PERSONNEL AND WAIVEANY CLAIM IN RESPECT THEREOF IN ACCORDANCE WITH SECTION 6 BELOW.
I expressly acknowledge that if the GYMPROG LLC Event and Venue are located some distane from medical facilities, that such distance may exacerbate any injuryor condition
suained by me. I shall be responsible for all costs associated withsuch medical care and
related transportation.
5. Assumption of Risks. Understanding, acknowledging and agreeing to all therisks and hazards involved with the GYMPROG LLC Event, I freely and voluntarily choose to participate in the GYMPROG LLC Event, travel to, enter and use the Venue, and I HEREBY VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF LOSS, DAMAGES, THEFT, INJURY OR DEATH THAT MAY OCCUR TO Me OR MY PROPERTY AS A RESULT OF OR INCIDENT TO MY PARTICIPATION IN THE GYMPROG LLC EVENT OR FROM ANY PRIZES THAT MAY BE AWARDED TO ME IN
CONNECTION WITH THE GYMPROG LLC EVENT, INCLUDING THE RISK I MAY BE INJURED
BY THE ACTIONS, OMISSIONS, REPRESENTATIONS OR NEGLIGENCE OF THE RELEASED PARTIES, OTHER PARTICIPANTS OR THIRD PARTIES WHILE PARTICIPATING IN THE GYMPROG LLC EVENT OR VISITING, TRAVELING TO OR FROM OR USING OR VISITING THEVENUE.
I understand and agree that by agreeing to this Agreement, I amassuming full responsibility for any and all risk of death, serious personal injury,temporary or permanent disability, or property loss and/or damage suffered byme or my property in connection with the GYMPROG LLC Event whether or not described in this Agreement, known or unknown, inherent or otherwise, or while visiting, traveling to or using the Venue. I understand and agree that this Agreement willbe binding on me, my spouse (or registered domestic partner), my guardians, the executors or administrators of my estate, my heirs, my personal representatives, my assigns, my successors in interest, my children, and anyguardian ad litem for said children (collectively, the “Releasors”). I accept fulland complete responsibility for the safety of myself, any guests, observers orother individuals who I have invited to the Venue, and property we have brought to the
Venue, and I assume the risk of damage, theft, loss or injury caused by others tome, my guests and our property. I also accept full and complete responsibility for the consequences of taking unreasonable risks while participating in the GYMPROG LLC Event or using the Venue, including, without limitation, attempting activities that I am not qualified to perform safely, causing
any other participants/spectators an unreasonable risk of harm, or failing to follow correct safety procedures when using the Venue and participating in GYMPROG LLC Event. I understand that seminars may be canceled or rescheduled based on amultitude of factors and without a specified amount of notice. I also accept fulland complete responsibility for the consequences of any travel losses or damages due to cancellation and/or rescheduling. I acknowledge GYMPROG LLC recommendation for travel booked as refundable and/or with travel insurance. I understand and acknowledge GYMPROG LLC operates under a strict “no refund” policy based on any issues or liabilities ofeither party, the participant or GYMPROG LLC , and instead credits registration funds toward future alternate course registration.
If an extenuating circumstance is deemed as valid for registration refund, I understand and acknowledge a $75.00 fee will be assessed to cover the operating cost of the refund, registration platform expense, paymentprocessing and banking fees.
6. Liability Release and Waiver of Claims. On behalf of myself and the Releasersand in consideration for being allowed to participate in the GYMPROG LLC Event and/or use ofthe Venue,
I HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALLCLAIMS OR CAUSES OF ACTION, NOW KNOWN OR HEREAFTER KNOWN IN ANYJURISDICTION THROUGHOUT THE WORLD, AGAINST THE RELEASED PARTIES,INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR DISABILITY, ILLNESSOR DISEASE, ACCIDENT, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE,DESTRUCTION, DELAY, INCONVENIENCE OR OTHER HARM OF WHATEVERNATURE THAT MAY BE
DIRECTLY OR INDIRECTLY RELATED TO, ARISING FROM OR SUSTAINED FROM
PARTICIPATION IN THE GYMPROG LLC EVENT AND/OR TRAVEL TO OR FROM OR VISITTO OR USE OF THE VENUE OR ACTIVITIES RELATED THERETO, NEGLIGENT FIRSTAID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHERNEGLIGENT ACT OR OMISSION OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF ANY RELEASED PARTIES OR OTHERWISE, provided that nothingin this Section 6 shall be deemed to release any Released Party from liability arising from their own willful or intentional injury to me or my property.
7. Unpredictability of Cause; Personal Responsibility. I understand that injuriesand harm may result from the GYMPROG LLC Event, including working with and around weightlifting, gymnastics, exercise and fitness equipment and apparatus, climbing ropes, peg boards, walls, sports, music or
entertainment equipment and machinery from a variety of causes, including the acts or omissions of other persons, weather, ice, snow, hills, mountains, terrain, ocean or water conditions, ground and environmental conditions and othercauses not necessarily predictable or within anyone’s control. I agree and acknowledge that the Released Parties do not accept any responsibility for injury, illness, loss, or damages suffered by me and that obtaining insurance tocover these risks are my own responsibility. I acknowledge and agree that it is myresponsibility to have any insurance including, without limitation, medical, accidental disability and death coverage and liability insurances, that I may wishto have or it is advisable to have in relation to my being present at the GYMPROG LLC
Event and Venue. I acknowledge that
(i) the Released Parties and any otherperson at the GYMPROG LLC Event and Venue do not, and will not have, insurance that covers me in connection with my attendance at the GYMPROG LLC Event and Venue, and
(ii) I am not relying on the existence
of the same in the decision to be present at the GYMPROG LLC Event and Venue
at anytime hereafter.
Any insurance any of the Released Parties may have shall in noway diminish my obligation to obtain insurance coverage applicable to me whilebeing present at the GYMPROG LLC Event and Venue. The foregoing does notdiminish the requirement of any party to have any insurance required by law. Iunderstand and agree that I am solely responsible for any medical costs andexpenses (including insurance costs) incurred directly and/or indirectly by meas a result of my
attendance at the GYMPROG LLC Event and Venue for any reason. With respectto any Participant acting as a volunteer for the GYMPROG LLC Event or Venue, Lack knowledge and
agree that such volunteer is not an employee of the GYMPROG LLC Event and Venue regardless of any non-cash remuneration for time and services they may receive. I further understand and agree that volunteers are not covered by Workers’ Compensation, and accordingly, volunteers are encouraged to obtaintheir own medical insurance coverage. I assume all risk of personal injury, sickness or death, and damage to or loss of my belongings and property, andany and all other delay, inconvenience, damage, loss or other expenses I maysuffer as a result of or in connection with the GYMPROG LLC Event. I shall be fullyresponsible for my actions. I assume responsibility for my safety and that ofothers, including injuries, property damage and harm, to the fullest extentpossible and regardless of the acts or omissions of others.
8. Personal Property. I am responsible for the security and safety of my ownproperty and any personal effects I use, bring to or leave at the Venue orotherwise related to the GYMPROG LLC Event, and that the Released Parties cannotguaranty the security or safety of my property. Should I
leave any property at the Venue or otherwise in the custody of the ReleasedParties, I do so at my sole and absolute risk. None of the Released Parties shallhave any liability to me or anyone else in the event of loss, damage, destructionor use, whether authorized or not, by any person or theft of any such property.
9. Indemnification. I SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE
RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM AND AGAINST ANY ANDALL
CLAIMS, ACTIONS, DEMANDS, RIGHTS, LOSSES, COSTS, DAMAGES, EXPENSES,
SETTLEMENTS, JUDGMENTS, CAUSES OF ACTION AND LIABILITIES OF ANY KIND
WHATSOEVER, WHETHER FORESEEN OR UNFORESEEN, INCLUDING ATTORNEYS’
FEES, IN LAW OR IN EQUITY, ARISING OUT OF OR RESULTING FROM ANY CLAIM
RELATED TO MY PARTICIPATION IN THE GYMPROG LLC , LTD EVENT, INCLUDING WITHOUTLIMITATION, MY BREACH OF THIS AGREEMENT OR THE ATAF HOLDINGS, LLCEVENT RULES AND POLICIES, ANY INDIVIDUAL I INVITE TO THE GYMPROG LLC EVENT ORVENUE OR ANY OTHER THIRD PARTY CLAIM RELATED TO THE GYMPROG LLC EVENT.
10. Promise not to Bring Suit. I hereby agree and covenant not to, and shall cause the Releasors not to, bring a claim against, sue, demand compensation from or attach the property or assets of the Released Parties or any of them, for any loss or damage arising or resulting from my participation in the GYMPROG LLC Event or my travel to or from or presence at the Venue, and forever release and discharge the Released Parties or any of them from liability under such claims.
11. Guests. I assume all risk of damage or injury to any individuals that I invite as guests at the GYMPROG LLC Event or Venue, whether I am present or not, and hereby agreeto fully indemnify the Released Parties against any claims for damages or injurysuffered by my invited guests.
PUBLICITY RELEASE
12. Nature and Scope of Publicity Release. For good and valuable consideration,the receipt of which is hereby acknowledged, by clicking the appropriate boxand agreeing to this Agreement, I hereby irrevocably grant to the GYMPROG LLC Parties, the irrevocable, perpetual and unrestricted (except as expressly setforth below) right and permission, but not the obligation, throughout theuniverse, with or without my knowledge, to use, re-use, permit the use of,distribute, reproduce, upload, download, edit, dub, copy, digitize, synchronize, create derivatives, in whole or in part, publish, re-publish, display, perform,exhibit, transmit and/or broadcast or otherwise use my appearance, photograph, signature, likenesses, actions, pictures, name, nickname/sobriquet,team/affiliate name, age, voice, conversation, sounds, biographical and personaldata (including, without limitation, hometown, age, gender, gym/“box” and workout and nutrition information), interviews (including, but not limited to awritten transcript), sound recordings, spoken word, rendering, silhouette orother reproduction by drawing, data, audio, illustration, animation, graphics,tape, film, video and/or images of me or in which I may be included, in whole orin part, in
combination with or in composite, or distorted in character or form, without restriction as to changes, modifications (including blurring, distortion, orcomposite), or alterations, and including pictures, images, video and audio uploaded or provided by me or my gym/”box” (“ Publicity Rights ”), in conjunction with my own or a fictitious name, voice, or reproductions there of in colour or otherwise, made through any medium at their studios or elsewhere,and in any and all media now or hereafter known, including, but not limited to,all formats of computer readable electronic magnetic, digital, laser or optical-based media, on websites, social media, trailers, DVDs, Blu-Ray discs, radio,print, and all forms of television (regardless of format and in any formdistributed, including, but not limited to: standard and non-standard television,“over the top”, and home video distribution), satellite, internet, online, streamed,downloaded, uploaded, and in film, video, photographs, tape or otherwise, in orin connection with the GYMPROG LLC Parties, GYMPROG LLC Event, the GYMPROG LLC Parties’ goods, products or services, GYMPROG LLC affiliate gym program, or any related activities to any of the foregoing (whether online or offline), including, without
limitation, any related videos, competitions, events, tests, promotional events, ceremonies, demonstrations, instruction and exhibitions and all activities related there to, and the promotion and exploitation (in any form or media)there of (all such medium in which the Publicity Rights are used shall be referred to as the “ Pictures ”), for illustration, promotion, marketing, sales, merchandising, art, editorial, advertising, trade, or any other commercial purpose whatsoever, including without limitation, promotion of third-partysponsors, and advertising materials for the GYMPROG LLC , LTD Parties, and their goods, products and services, courses and seminars, in each case, without royalty, payment or any other compensation whatsoever to me. For such use of the Publicity Rights and the
Pictures, I understand and agree that I will not be entitled to any compensationor consideration beyond my participation in the GYMPROG LLC Event. I further agree that the GYMPROG LLC Parties may edit, alter, digitize, synchronize, reproduce or otherwise change the Pictures for any such purpose. I acknowledge that Ishall have no, and hereby expressly disclaim, any
ownership, authorship or moral rights in the Pictures or any part thereof.
13. Publicity Waiver. I hereby waive all rights and release, discharge and shallneither sue nor bring any proceeding (including, without limitation, seeking anyform of injunctive relief) against the GYMPROG LLC Parties and agree to indemnify, defend, and hold harmless the Released Parties from and against any and allclaims, demands, actions or causes of action, liabilities, costs, dues, sanctions,fees, penalties or expenses (including reasonable attorneys’ fees), of any kind,nature or description, which I or any of my successors or assigns may now, or atany time, have or claim to have, now known or unknown, arising out of oralleged to arise out of or related to any use of the Publicity Rights and/or thePictures, including, without limitation, any blurring, distortion, alteration, modification, optical illusion, or use in composite or any other form of the Publicity Rights, whether intentional or otherwise, that may occur or be produced in connection with the Pictures, or in any subsequent processing, broadcasting, distribution, exhibition, display, dissemination or other exploitation or use thereof, including without limitation any claims of libel, defamation, public disclosure, invasion of privacy, misappropriation or infringement of my name or likeness or right to publicity, false light or any similar matter, or based upon or relating to the use and exploitation of the Publicity Rights and the Pictures. In no event shall I have any right to injunctive or other equitable relief against any of the Released Parties in connection with the Publicity Rights and/or Pictures.
14. Copyrights. The rights granted to the GYMPROG LLC Parties herein include, without limitation, all rights of every nature whatsoever in connection with use of the Pictures, including without limitation all copyrights (and any other intellectual property rights) therein and renewals and
extensions thereof. I acknowledge and agree that all copyrights and rights of every other kind relating or pertaining to the Pictures described above are the sole property of GYMPROG LLC. and I
have no claim to the copyrights (or any other intellectual property rights) in the Pictures. To the extent that any right, title or interest to the Pictures may notvest in GYMPROG LLC, Inc. I herebyirrevocably assign and transfer to GYMPROG LLC. all right, title, and interest therein, and shall use my best efforts incooperating with ATAF Holdings, LLC & The Gymnastics Course, LLC, Inc. ineffecting such assignment.
15. Binding Effect; Artistic Rights. This publicity release shall inure to the benefitof, and shall be binding upon, my respective successors, licensees, assigns, heirs and personal representatives. I agree and acknowledge that the GYMPROG LLC will have complete artistic and creative freedom and discretion and that GYMPROG LLC. has the right, but notthe obligation, to use, assign, license and sub-license the Pictures or any suchrelated materials (in whole or in part) throughout the world, through any meansor method of distribution whether now known or hereafter to become known, inperpetuity.
16. No Assignment or Inspection Rights. I may not assign my rights andobligations under this Agreement. I hereby waive any right that I may have toinspect or approve the Pictures or any other finished product or products andthe copy, text, narration or other matter that may be used in connection withthe Publicity Rights and/or Pictures or the use to which it may be applied. Alldeterminations made by GYMPROG LLC.in this regard shall be final.
17. Acknowledgment. If Participant is under 18 years of age, Adult acknowledgesthat they are not only signing this Agreement on Adult’s own behalf, but thatAdult is also signing this Agreement on behalf of Participant and thatParticipant is bound by all the terms of this Agreement. Additionally, by signingthis Agreement as the parent or legal guardian of Participant, Adultunderstands that they are also waiving rights on behalf of Participant thatParticipant otherwise may have. Adult agrees that Participant would not bepermitted to participate in the GYMPROG LLC Event or use the Venue if Adult did not signthis Agreement on Participant’s behalf. By signing this Agreement without aparent or legal guardian’s signature, Participant, under penalty of fraud, represents that they are at least 18 years of age.
Adult represents that they area legal parent or guardian of Participant.
18. Delaware Law, Jurisdiction. This Agreement shall be governed by and construedunder the laws of the State of Delaware, U.S.A., notwithstanding its conflict of lawprovisions. Any action or proceeding brought to enforce the terms of this Agreement or adjudicate any dispute arising out of this Agreement shall beexclusively brought in the County of Brownwood, State of Texas. The parties willnot raise in connection therewith, and hereby waive, any defenses based uponvenue, the inconvenience of the forum, the lack of personal jurisdiction, thesufficiency of service of process or the like in any such action, suit orproceeding brought in the State of Delaware. This Agreement fully, completely, and exclusively sets forth my agreement with the Released Parties on thematters set forth herein and may only be amended in a writing executed byboth GYMPROG LLC. and myself.
I UNDERSTAND THAT THE TERMS OF THIS ASSUMPTION OF RISK / WAIVER OF
LIABILITY / PUBLICITY RELEASE MEAN THAT I AM WAIVING CERTAINIMPORTANT RIGHTS THAT I MIGHT OTHERWISE HAVE UNDER DELAWARE LAW.
19. Severability. In the event that any provision of this Agreement (or portionthereof) is determined by a court of competent jurisdiction to be invalid orotherwise unenforceable, such provision (or part thereof) shall be enforced or, ifincapable of such enforcement, shall be deemed to be deleted from thisAgreement, while the remainder of this Agreement shall continue in full forceand remain in effect according to its stated terms and conditions.
20. Additional Acknowledgement of Participant.
(a) I UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO THISAGREEMENT, I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING PUBLICITYRIGHTS, THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH ORPROPERTY LOSS OR DAMAGE. I UNDERSTAND THAT THIS DOCUMENT IS APROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALLCLAIMS.
(b) I HAVE READ THIS ENTIRE AGREEMENT CAREFULLY, AND FULLYUNDERSTAND ALL OF ITS TERMS AND CONDITIONS. I AM PROVIDING MYACKNOWLEDGMENT AND AGREEMENT THAT I HAVE HAD AN OPPORTUNITY TOCAREFULLY READ THE ENTIRE AGREEMENT AND TO HAVE ANY QUESTIONSANSWERED TO MY SATISFACTION.
I hereby represent, warrant and covenant to the Released Parties that each ofthe following is true and accurate:
• I am at least 18 years of age and I have the right to contract in my own nameor If I am
Under 18 years of age, my Parent or Guardian may contract on my behalf.
• I have read this entire Agreement, understand the words and language in this Agreement, and agree to all of the terms and conditions of this Agreement.
• I have read, understand, and agree to abide by the GYMPROG LLC Event Rules and Policies.
• I am aware of, and voluntarily participate despite, the potential dangers andrisks inherent to the GYMPROG LLC Event.
COVID-19 Liability Release Waiver
The World Health Organization has declared the novel Coronavirus (COVID-19) aworldwide pandemic. Due to its capacity to transmit from person-to-personthrough respiratory droplets, the government has set recommendations, guidelines, and some prohibitions which GYMPROG LLC (the "Organization") adheres to comply with.
In consideration of my participation in the foregoing, the undersignedacknowledge and agree to the following:
I am aware of the existence of the risk on my physical appearance to the venueand my participation in the activity of the Organization that may cause injury orillness such as, but not limited to Influenza, MRSA, or COVID-19 that may lead toparalysis or death. I have not experienced symptoms of fever, fatigue, difficultyin breathing, or dry cough or exhibiting any other symptoms relating to COVID-19 or any communicable disease within the last 14 days.
I have not, nor any member(s) of my household, traveled by sea or by air, internationally within the past 30 days.
I have not been, nor any member(s) of my household, diagnosed to be infected of COVID-19 virus within the last 30 days.
I have not been, nor any member(s) of my household, been in contact with anindividual diagnosed to be infected of COVID-19 virus within the last 15 days orwithout a negative test result after exposure.
Following the pronouncements above I hereby declare the following:
I am fully and personally responsible for my own safety and actions while andduring my participation and I recognize that I may be at risk of contractingCOVID-19.
With full knowledge of the risks involved, I hereby release, waive, discharge theOrganization, its board, officers, independent contractors, affiliates, employees,representatives, successors, and assigns from any and all liabilities, claims,demands, actions, and causes of action whatsoever, directly or indirectly arisingout of or related to any loss, damage, injury, or death, that may be sustained byme related to COVID-19 while participating in any activity while in, on, or aroundthe premises or while using the facilities that may lead to unintentionalexposure or harm due to COVID-19. I agree to indemnify, defend, and holdharmless the Organization from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims arising whether directly orindirectly from or related to any and all claims made by or against any of thereleased party due to injury, loss, or death from or related to COVID-19.
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By signing below I acknowledge that I have read the foregoing Liability Release Waiver and understand its contents; that I am at least eighteen (18) years oldand fully competent to give my consent; That I have been sufficiently informed of the risks involved and give my voluntary consent in signing it as my own freeact and deed; that I give my voluntary consent in signing this Liability ReleaseWaiver as my own free act and deed with full intention to be bound by the same,and free from any inducement or representation.
This waiver will remain effective until laws and mandates relevant to COVID-19are lifted.
Name:
First Name Last Name
Date Signed
Participant’s Name:____________________________________________
Signature:____________________________________________ Date:___________
Participant or legal guardian, if the participant is under the age of 18:
As the parent or guardian of Participant whose name appears above, I hereby confirm that I have read this Agreement and accept each and every provision ofthis Agreement on behalf of myself (as if a direct signatory to this Agreement)as well as on behalf of Participant, intending that this Agreement be irrevocably binding upon me, upon Participant, and upon each of my and Participant’s respective heirs, executors, administrators and assigns. I represent and warrant that I am at least 18 years of age, that I am the parent or legal guardian of the above Participant, and that I have legal authority to enter into this Agreement and to bind the Participant.
Parent/Guardian Name:____________________________________________
Signature:____________________________________________ Date:___________
I have read and agree to the terms above.