Real Fitness & Conditioning Liability Waiver (4869)
Release and Waiver of Liability, Assumption of Risk, Indemnity and Rights Agreement
IN CONSIDERATION of being permitted to compete, observe, work for, involved with or participate in any way in activities associated with Real Fitness & Conditioning llc, EACH OF THE UNDERSIGNED, for himself/herself, his/her personal representatives, parent, spouse or legal guardian, heirs, and next of kin:
Acknowledges, agrees and represents that he/she has or will immediately before
and/or during any participation in the activities including, but not limited to, swimming, biking, off road biking, running, off road running, all forms of exercise, use of exercise equipment, spinning, and weight lifting or activities associated with Real Fitness & Conditioning exercise programs therewith (hereinafter “Activities”), and will continuously thereafter, inspect the premises upon which such Activities take place and he/she further agrees and warrants that, if at any time, he/she is in or about such premises and he/she feels anything to be unsafe, he/she will immediately advise the representative(s) of Real Fitness & Conditioning, of such and will leave the premises and/or refuse to participate further in the Activity or Activities.
Acknowledges, agrees and represents that the undersigned has voluntarily applied
to participate in the following Activities at various locations associated with Real Fitness & Conditioning, various sponsors and all camp personal.
HEREBY RELEASE, WAIVES, DISCHARGES AND COVENANTS
NOT TO SUE Real Fitness & Conditioning and its representatives, members, officers, employees, trainers and those in privity with them, and affiliates and related companies including, but not limited to, their respective representatives, members, officers, employees, trainers and those in privity with them, other participants in the Activities, any parents or affiliated entities, any persons on the premises where the below Activities take place, promoters, sponsors, advertisers, owners and lessees of premises used to conduct the Activities, premises and event inspectors, surveyors, underwriters, consultants and others who provide recommendations, directions, or instructions regarding the premises or Activities and each of them, their directors, officers, agents and employees, all for the purposes herein referred to as “Releasees”, FROM ALL LIABILITY TO THE UNDERSIGNED, his personal representatives, parent or legal guardian, assigns, heirs, and the next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY, OR RESULTING IN DEATH, OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE ACTIVITIES, WHETHER CAUSED, IN WHOLE OR IN PART, BY THE SOLE OR CONCURRENT NEGLIGENCE OR WRONGDOING, STRICT LIABILITY OR PAST, PRESENT AND/OR FUTURE FAULT OF THE RELEASES OR OTHERWISE.
HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD
HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE OR COST they may incur arising out of or related to the Activities WHETHER CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, OR PAST, PRESENT AND/OR FUTURE FAULT OF THE RELEASEES OR OTHERWISE.
5. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the ACTIVITIES WHETHER CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OR PAST, PRESENT AND/OR FUTURE FAULT OF RELEASEES OR OTHERWISE.
6. HEREBY acknowledges that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges the INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
7. HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk, Indemnity and Rights Agreement extends to all acts of negligence or wrongdoing by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of the Province or State in which the ACTIVITIES is/are conducted and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
HEREBY Warrants and Represents that he/she is the owner of all rights granted
herein or have been duly authorized by the owner of such rights to grant the same.
HEREBY agrees that MISSOURI LAW SHALL GOVERN the provisions of this
Release and Waiver of Liability, Assumption of Risk, Indemnity and Rights Agreement.
10. HEREBY agrees that any claim or lawsuit filed by the undersigned for himself/herself, his/her personal representatives, parent or legal guardian, heirs, and next of kin with respect to any loss, injury, damage, or resulting death from the Activities or activities associated therewith shall be filed in JACKSON COUNTY, MISSOURI and the undersigned agrees to submit to the jurisdiction of Jackson County, Missouri.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND RIGHTS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVE[N] UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
CAUTION: READ BEFORE SIGNING.
I acknowledge that I have voluntarily read, understand, and agree to participate in the activities and exercise programs of Real Fitness & Conditioning (location is 3612 Karnes, Kansas City, Missouri 64111). I understand that all activities have a high level of danger and potential for bodily harm and damage to equipment or property.
I AM AWARE THAT THE ACTIVITIES OF REAL FITNESS & CONDITIONING ARE HAZARDOUS ACTIVITIES AND THAT I COULD BE SERIOUSLY INJURED OR EVEN KILLED.
I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED, AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND REAL FITNESS & CONDITIONING, REAL FITNESS & CONDITIONING COACHES, AND OTHER EMPLOYEES OR STAFF, AND ALL INDIVIDUALS OR ENTITIES ASSOCIATED WITH REAL FITNESS & CONDITIONING; AND SIGN IT OF MY OWN FREE WILL.