RELEASE AND WAIVER OF LIABILITY
The undersigned (“Participant”) desires to participate in athletic training sessions and related instructional activities (collectively, the “Activities”) conducted by Prov15ion LLC (the “Company”). In consideration of being permitted by the Company to participate in the Activities and the personal and athletic benefits derived therefrom, I (or, if the Participant is under 18 years of age, the Participant’s parent or legal guardian on behalf of the Participant) hereby agree(s) to all of the terms and conditions set forth in this liability waiver and release (this “Release”):
I AM AWARE AND UNDERSTAND THAT PARTICIPATION IN THE ACTIVITIES INVOLVES RISKS OF BODILY INJURY, ILLNESS, EMOTIONAL DISTRESS, DEATH, PROPERTY DAMAGE, AND/OR OTHER HARM, INCLUDING ANCILLARY RISKS ASSOCIATED WITH THE ACTIVITIES. I ACKNOWLEDGE THAT SUCH RISKS MAY ARISE FROM THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY OR ITS COACHES, EMPLOYEES, VOLUNTEERS, REPRESENTATIVES, OR AGENTS, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS. NOTWITHSTANDING SUCH RISKS, I ACKNOWLEDGE THAT I AM (OR THE PARTICPANT IS) VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH FULL KNOWLEDGE OF THE DANGERS INVOLVED, AND I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, LOSS, OR DAMAGE ARISING FROM MY PARTICIPATION, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR ANY RELEASEE OR OTHERWISE.
I hereby expressly release, covenant not to sue, and forever discharge the Company, its past, present, and future owners, members, directors, employees, agents, coaches, trainers, affiliates, representatives, insurers, successors, assigns, contractors, and any other individuals or entities involved in organizing, supervising, or instructing participants for any portion of the Activities (collectively, the “Releasees”), from any and all claims, demands, causes of action, liabilities, damages, losses, costs, or expenses of any kind, whether known or unknown, foreseen or unforeseen, in law or in equity, that may arise from or relate in any way to my participation in the Activities.
I represent and warrant that I am (or the Participant is) in good health and physical condition and have no known medical or mental condition that would impair my ability to safely participate in the Activities. I acknowledge that it is my responsibility to consult with a physician to ensure that I am (or the Participant is) medically and physically fit to participate. I further certify that I have not been advised against participation by a qualified medical professional. I understand that participation in the Activities involves physical exertion and carries inherent risks, and I knowingly and voluntarily assume full responsibility for any injury or health-related issue that may result from participation in the Activities.
I acknowledge and agree that my (or the Participant’s) name, image, voice, and likeness may be photographed, recorded, or otherwise captured during the Activities and may be used, reproduced, and distributed by the Company for promotional, marketing, and social media purposes, without further notice or compensation.
I agree to indemnify, defend, and hold harmless the Releasees from and against any and all claims, actions, suits, demands, liabilities, damages, losses, judgments, attorneys’ fees, settlements, costs, and expenses arising out of or in connection with my or the Participant’s participation in the Activities, including but not limited to any claim for personal injury, property damage, or wrongful death, whether caused by the negligence of any of the Releasees or otherwise.
I understand and expressly agree that by signing this Release, I am voluntarily waiving and relinquishing any and all claims, whether now known or unknown, that I and/or the Participant may have against the Releasees arising from participation in the Activities, including but not limited to any claim for personal injury, illness, property damage, or wrongful death, whether arising out of the ordinary negligence of any of the Releasees or otherwise. I further agree that this waiver is intended to be as broad and inclusive as permitted by applicable law in the Company’s favor and that if any portion is held to be invalid, such portion shall be modified to the minimum extent necessary to carry out the intent of this Release.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
