The Athletic Zone, LLC

Assumption of Risk, Waiver, and Release from Liability

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In consideration of the use of property, facilities and/or services of the Athletic Zone, LLC, the undersigned agrees as follows:

 

1. RISK FACTOR: The undersigned understands and acknowledges that the use of equipment, facilities and services provided by the Athletic Zone, LLC, involves risks such as, but not limited to, the following which may result from the use of equipment or facilities, from the activity itself, from the act of others, from a transmission-based disease, (i.e. flu, common cold, Covid but not limited to) or from the unavailability of emergency medical care: RISK OF PROPERTY DAMAGE, BODILY INJURY, AND POSSIBLE DEATH.

2. ASSUMPTION OF RISK: The undersigned ASSUMES ALL RISKS THAT ARISE OUT OF THE USE OF THE EQUIPMENT OR FACILITIES, THE ACTIVITY ITSELF, THE ACT OF OTHERS, OR THE UNAVAILABILITY OF EMERGENCY CARE, including but not limited to, those RISK FACTORS described in section 1 above.

3. ACKNOWLEDGEMENT OF POLICIES AND PROCEDURES: The undersigned acknowledges reading and knowing all of the policies and procedures relating to the activities, facilities, and/or equipment and understands that the safe and proper use of the facilities, equipment or participation in the activity is dependent upon carefully following such policies and procedures.

4. PREREQUISITE SKILLS AND TRAINING: The undersigned acknowledges that he/she has the requisite skills, qualifications, physical abilities, and the training necessary for proper and safe use of the equipment and facilities and to participate in the activity itself. The undersigned agrees that if he/she has any questions as to what skills, qualifications, or training is necessary to properly use the equipment, facilities, or to participate in the activity itself, then they shall direct such questions to the appropriate staff member on site.

5. RELEASE: The undersigned RELEASES The Athletic Zone, LLC, its offices, employees, and agents and agrees NOT TO SUE them on account of or in conjunction with any claims, cause of action, injuries, damage, cost of expenses arising out of the activity, including those based on death, bodily injury or property damage whether or not caused by the acts, omissions or other fault of the parties being released or the actions of third parties, including, but not limited to, other participants of The Athletic Zone, LLC.

6. WAIVER: The undersigned waives the protection afforded by any statute or law in any jurisdiction whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know of or suspect at the time executing the release. This means, in part, that the undersigned is releasing unknown future claims.

7. INDEMNIFY AND DEFEND: The undersigned agrees to INDEMNIFY AND DEFEND The Athletic Zone, LLC, its offices employees, and agents (hereinafter jointly referred to as “indemnitee”), and hold them harmless from any and all claims, causes of action, damage judgments, costs or expenses, including attorney fees which in any way arise from the activity or this agreement which include but are not limited to damages to or destruction of any property of the indemnitee, or any others, injury or death of the undersigned or anyone else or any liability arising from the act or negligent act of the indemnitee, the undersigned or anyone else.

8. PAY: The undersigned agrees to pay for any and all damages to any property of indemnitee caused by the undersigned negligently, willfully or otherwise.

   9. REPRESENTATIVES: The undersigned enters into this agreement for himself/herself, his/her spouse or heirs, assigns and legal representatives.

  10. EMERGENCY TREATMENT CONSENT: The undersigned, as a participant in the subject activity, hereby consents to medical treatment in a medical emergency where the undersigned is unable to consent to such treatment.

  11. INSURANCE: The undersigned understands that The Athletic Zone, LLC, does not carry participant insurance. The undersigned is encouraged to have a physical examination and to purchase health insurance prior to any and all participation. The undersigned further understands that there are risks associated with these activities, and assumes the risk of any injuries that they, their child or ward may sustain during any of these activities. The undersigned states that the undersigned, their child or ward does not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent them from participating in all activities of The Athletic Zone, LLC, and if required, will obtain a medical examination and clearance.

  12. ACKNOWLEDGMENT: The undersigned has read and understands this agreement and realizes it relates to surrendering valuable legal rights and does so freely and voluntarily. The undersigned further understands that they would not be permitted to participate in the activities of The Athletic Zone, LLC, unless they signed this Assumption of Risk, Waiver and Release Agreement.

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CONSENT AND RELEASE ON BEHALF OF MINOR: Under the penalty of perjury, I am the parent and/or legal guardian of the above named minor. I have read and understand the agreement involves surrendering valuable legal rights of the minor and myself. I agree to be bound by all terms of this agreement. I also give consent for the minor to participate in all activities of The Athletic Zone, LLC, which now exist or in the future may exist.

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