WAIVER, RELEASE OF LIABILITY & INDEMNIFICATION
I agree to the following Waiver and Release of Liability and Indemnification (“Release”) as a condition to enrollment as a participant (“Participant”) in the testing, analysis and coaching services (“Coaching & Training Program”) offered by Mid-Atlantic Multisport, LLC (“MID-ATLANTIC MULTISPORT”). By clicking to agree, I, as the Participant, expressly understand, assume and consent to all the terms, conditions and risks set forth herein.
- The Coaching & Training Program
I expressly understand and agree that the Coaching & Training Program provided by MID-ATLANTIC MULTISPORT involves a variety of activities requiring intense physical activity facilitated by an employee, contractor or agent of MID-ATLANTIC MULTISPORT.
- Participant’s Assumption of Risk
- I represent that I am at least eighteen (18) years of age or older. I hereby further state that I currently suffer from no physical or mental condition that would impair my ability to fully participate in the Coaching & Training Program.
- By signing my name below, I further understand and agree that participation in the Coaching & Training Program is voluntary, and that such participation carries with it certain inherent and unavoidable risks, including an increased risk of serious illness, injury, paralysis, or even death. With full awareness of such risks, I agree that I assume the risk of participating in the Coaching & Training Program, including any such risk of death, injury and other losses and damages sustained by me arising out of or in connection with the Coaching & Training Program or any system or equipment used in connection with the Coaching & Training Program. I further understand and that the Coaching & Training Program may require physical activity at a greater intensity heart rate level and I acknowledge that MID-ATLANTIC MULTISPORT has advised me I should consult with my physician before participating in the Coaching & Training Program. I certify that I am physically fit and sufficiently trained for participation in the Coaching & Training Program and that I have not been advised against participation by a qualified health professional.
- If I am under the care of a physician, my enrollment in the Coaching & Training Program will be made known to my physician by me. My involvement in the Coaching & Training Program will be in accordance with my physician’s instructions regarding the Coaching & Training Program. MID-ATLANTIC MULTISPORT and their respective representatives shall in no way be responsible for my compliance with my physician’s instructions. I expressly agree that I am solely responsible for my compliance with my physician’s instructions.
- This Release shall be binding upon my heirs, assignees, successors and personal representatives. I shall be liable for any damages to MID-ATLANTIC MULTISPORT or its property caused by me or my guests. Furthermore, I assume the risk of injury, death, illness or damage to any third party or any third party’s property arising out of my participation in Coaching & Training Program.
- I hereby indemnify, release and discharge MID-ATLANTIC MULTISPORT and its owners, partners, employees and their respective estates from any liability, claims, losses, judgments, costs, or expenses, and waive the right to pursue legal action against MID-ATLANTIC MULTISPORT and any MID-ATLANTIC MULTISPORT representative arising directly or indirectly from my participation in the Coaching & Training Program, including claims or damages resulting from death, personal injury, partial or permanent disability or property damage, medical or economic losses, including attorney’s fees, whether caused in whole or in part from any instruction or training hereunder and whether based upon the breach of any express or implied warranty, negligence or under any other legal theories.
- I hereby indemnify MID-ATLANTIC MULTISPORT and their respective representatives and assume the risk of any and all liability claims and damages, direct or indirect, to third parties or their property, arising out of my participation in the Coaching & Training Program.
- In accordance with the foregoing, I hereby agree to indemnify and hold MID-ATLANTIC MULTISPORT and their respective representatives, harmless for any and all claims, actions, demands, damages, liabilities and expenses that arise in connection with my participation or directly or indirectly result from the Coaching & Training Program.
- I hereby acknowledge that the Coaching & Training Program is provided “AS IS”, without warranties of any kind, express or implied, nor am I guaranteed any individual results. I am personally responsible for the achievement of my individual performance goals. I further understand and agree that MID-ATLANTIC MULTISPORT and their respective representatives expressly disclaim any and all express or implied warranties arising by law, conduct, or otherwise and any other alleged obligation or liability arising from contract, negligence, tort, or otherwise, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose with respect to the Coaching & Training Program or any products offered or endorsed by MID-ATLANTIC MULTISPORT or their respective representatives. Under no circumstances shall MID-ATLANTIC MULTISPORT or their respective representatives be liable for special, indirect, incidental or consequential damages of any nature whatsoever.
- I hereby waive and release MID-ATLANTIC MULTISPORT and their respective representatives from any claims based on any oral or written statements made prior to or contemporaneous with this Release and disclaim any reliance on any such statements.
- MID-ATLANTIC MULTISPORT does not carry medical insurance for individuals participating in the Coaching & Training Program. I expressly agree that, in the event of an illness or injury requiring treatment, hospitalization or surgery, my group or individual medical insurance must be used. Mid-Atlantic Multisport urges that all participants be covered by some form of personal medical insurance.
- Any person signing below on behalf of a minor under the age of 18, hereby acknowledges that he or she has the legal capacity and authority to act on behalf of the minor and to legally bind the minor to this Waiver Agreement, and they agree to indemnify and hold harmless MID-ATLANTIC MULTISPORT for any expenses incurred, claims made, or liabilities assessed against them, as a result of any insufficiency of legal capacity or authority to act on behalf of the minor in the execution of this Waiver Agreement.
- Acknowledgment of Release Terms and Conditions
I hereby represent that I have carefully read and fully understand the contents of this Release and that this Release is legally binding and enforceable, and that I agree to the terms and conditions of this Release.