Agreement of Release and Waiver of Liability
I, hereby agree to the following:
1. I recognize that the use of the Tempest Freerunning Academy (the “Academy”) facilities and all related equipment and/or property (collectively, the “Academy Facility”) have known and unknown risks of injury, including but not limited to: physical or emotional injury, paralysis, death, or damage to myself, to property or to third parties.
2. That I am participating in the classes, programs or workshops offered by Academy during which I will receive information and instruction about various physical fitness programs, including but not limited to, the art of freerunning. I recognize that fitness programs require physical exertion that may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved.
3. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Academy’s classes, programs or workshops. I represent and warrant that I am physically fit and I have no medical condition that would prevent my full participation in the exercise classes, programs or workshops. I further represent and warrant that I will not be under the influence of alcohol or any substance, which would impair my ability to undertake activities in the Academy Facility.
4. In consideration of being permitted to participate in classes, programs or workshops, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the program.
5. In consideration of being permitted to participate in Academy classes, programs or workshops, I knowingly, voluntarily and expressly waive any claim I may have against Academy, its directors, owners, shareholders, officers, parents, affiliates, subsidiaries, coaches, employees volunteers, sponsors, clients, officials and / or agents (collectively, the “Releasees”) for injury or damages that I may sustain as a result of participating in the program.
6. In consideration of Academy permitting to use the Academy Facility, I, my spouse, assignees, heirs, guardians, and legal representatives hereby expressly assume all risks in using the Academy Facility and voluntarily indemnify, release from liability, agree to defend and hold harmless Academy and its subsidiaries and affiliates and any of their officers, directors, employees, agents, clients, insurance carriers and representatives for any accident, injury, illness, death, loss, theft, damage to person or property, or other consequences suffered by me or my child arising or resulting directly or indirectly from my or my child’s use of the Academy Facility, including but not limited to, claims arising from or related to Academy’s negligence and/or products liability, including strict products liability, except that which is the result of gross negligence and/or wanton misconduct.
7. In the event that my child or I is injured, I agree to assume financial obligation, either through my health insurance, or through some other means, for any medical costs that my child or I incurs. The Academy its directors, owners, shareholders, officers, parents, affiliates, subsidiaries, coaches, employees volunteers, sponsors, clients, officials and / or agents (collectively, the “Releasees”)assumes no responsibility for any medical expenses, injury or damage suffered by me or my child in connection with my or my child’s use of the Academy Facility.
8. I, my heirs and legal representative, on my own behalf and / or on behalf of my child, forever release waive, discharge and covenant not to sue the Academy, its directors, owners, shareholders, officers, parents, affiliates, subsidiaries, coaches, employees volunteers, sponsors, clients, officials and / or agents (collectively, the “Releasees”) for any injury or death caused by their negligence or other acts while I or my child are on or about the Academy Facility or using equipment or participating in any program affiliated with the Academy, including but not limited to freerunning activities and training exercises, gymnastics, personal training, open gym hours and activities, and open gym use.
9. I agree as an adult participant, or as the parent / legal guardian of a minor participant, in consideration for being permitted to use the Academy Facility, grant the Academy, its parent, subsidiaries, related and affiliated entities, officers, directors, partners, clients, shareholders, employees, agents, successors and assigns, the irrevocable right and permission to photograph and / or record me or my child in connection with Academy, and to use the photograph and/ or recording with or without name identification for all purposes, including advertising and promotional purposes, in any manner and in any and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waiver any right to inspect or approve the use of any photographs or recordings, and acknowledge and agree that the rights granted in this release are without compensation of any kind. All photographs and / or recordings are exclusive to Academy.
10. I hereby acknowledge that the Releasees have shown me the areas at the Academy Facility that have been designated as “Red Zones.” I further acknowledge that neither any minor children nor I will touch or enter the areas designated as “Red Zones.” I further acknowledge that the Releases have shown me the area adjacent to the Academy Facility that is not part of the Academy Facility. I certify that neither any minor children nor I will touch or enter the area that is not part of the Academy Facility. I acknowledge and agree that any violation of this provision will result in my immediate expulsion from the premises, and may result in a loss of all Academy Facility privileges.
11. I promise to hold blameless the Releasees in the event that my child or I suffer bodily injury or harm, and 911 or any other law enforcement agency is summoned and provides aid to either my child or myself. I promise to waive to the greatest extent possible liability for emergency services provided to either my child or myself and for any resulting consequences while on the Academy Facility or subsequently thereafter.
12. I expressly agree that this release is intended to be as broad and inclusive as the State of California will allow and that if any portion is held invalid, I agree that the balance shall, not withstanding, continue in full legal force and effect.
13. I hereby acknowledge that the Academy has rules and policies in place regarding safety, use of the Academy Facility, and conduct. I acknowledge that I have reviewed and that I understand all safety rules and other rules of use and participation at the Academy. I hereby acknowledge that failure to follow any of these rules and policies may results in complete revocation of all privileges provided by the Academy without refund of any prepaid fees.
I have read the above release and waiver of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.
THE PERSON COMPLETING THE WAIVER MUST PROVIDE PHOTO ID AT TIME OF ENTRY
PHOTOCOPY ACCEPTABLE IF PARENT IS NOT PRESENT
Emergency Contact Name:
Driver's License/ ID card (Adult Participant or Parent/Legal Guardian):