REACH HIGHER PERFORMANCE CENTER
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
There are certain inherent risks associated with participating in facility activities that cannot be eliminated. These risks include, but are not limited to: (1) minor injuries such as scratches, cuts, bruises, and strains; and (2) major injuries such as injuries to the eyes, infection, loss of sight, joint injuries, back injuries, heart attacks, concussions, paralysis, and even death. Also included in these risks are injuries that might result from the use of training equipment, fields or courts, the acts of others, or the unavailability of emergency staff or emergency medical care (collectively, the “Risks”). All of these Risks will be present in the activities that you and/or your minor will be participating in at the Facility (the “Activities”). HAVING READ THIS PARAGRAPH AND HAVING AN APPRECIATION FOR AND AN UNDERSTANDING OF THESE RISKS, you hereby affirm that you and/or your minor’s participation in these Activities is voluntary and that you agree, on behalf of yourself and/or your minor, to all of the following:
1. ASSUMPTION OF RISK I, on behalf of myself and/or my minor, ASSUME ALL OF THE RISKS THAT MAY OR CAN ARISE OUT OF PARTICIPATING IN THE ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE ATHLETIC ACTIVITY ITSELF, USE OF THE EQUIPMENT, FIELDS OR FACILITIES, THE ACTS OF OTHERS, OR THE UNAVAILABILITY OF EMERGENCY CARE, as well as those Risks described in the preceding paragraph.
2. INDEMNITY / HOLD HARMLESS I, on behalf of myself and/or my minor and/or our heirs, personal representatives, and/or assigns, agree to indemnify and hold Reach Higher Performance Center, as well as their affiliates, parents, subsidiaries, assigns, partners, attorneys, members, employees, independent contractors, shareholders, officers, directors, and agents (collectively, the “Releasees”) harmless from any and all claims, causes of action, lawsuits, arbitrations, or proceedings, as well as from any expenses, judgments, costs, fees, damages, and/or liabilities, including attorneys’ fees incurred in defending or prosecuting any such claims brought against Reach Higher Performance Center as the result of my or my minor’s participation in the Activities. I hereby allow Reach Higher Performance Center to use my or my minor’s image or likeness without current or future compensation for marketing purposes related to Reach Higher Performance Center.
3. RELEASE / WAIVER In consideration for being permitted to participate in the Activities, I, on behalf of myself and/or my minor and/or our heirs, personal representatives, and assigns HEREBY RELEASE, WAIVE, AND DISCHARGE Reach Higher Performance Center and the Releasees from any and all liability associated with or related to my or my minor’s participation in the Activities, and agree NOT TO SUE Reach Higher Performance Center for any reason resulting from or associated with my or my minor’s participation in the Activities. This waiver and release is intended to include all claims for injuries, accidents, illnesses, or property loss, whether known or unknown, anticipated or unanticipated, which are in any way related to or associated with the Activities.
4. NO INSURANCE I, on behalf of myself and/or my minor, acknowledge that Reach Higher Performance Center does not carry insurance on behalf of myself or my minor for injuries sustained during the Activities.
5. LEGAL RIGHTS I, on behalf of myself and/or my minor, understand and acknowledge that I/we are voluntarily surrendering valuable legal rights in this agreement.
6. SEVERABILITY I, on behalf of myself and/or my minor, understand and expressly agree that this agreement is intended to be as broad and inclusive as permitted by the law of the State in which it is used, and that if any portion of this agreement is held invalid, the balance of the agreement shall continue in full force and effect. Any portion held invalid shall be interpreted and construed to afford as much protection to Reach Higher Performance Center as permitted by applicable law.
PARTICIPANT ACKNOWLEDGEMENT & SIGNATURE
By signing below, I confirm that I have raed this entire document, understand it's contents, and agree to be bound by all terms.
FOR PARTICIPANTS UNDER AGE 18
CONSENT AND RELEASE ON BEHALF OF MINOR
I am the parent and/or legal guardian of the above-named minor participant. I have read this agreement thoroughly and understand all of its terms. I understand that I am surrendering legal rights on behalf of the minor and myself. I, on behalf of myself and my minor, agree to be bound by all of the terms of this agreement and give my consent for my minor to participate in the Activities described herein. By signing above, I release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to my minor child’s involvement or participation in these Activities, including those arising from the negligence of the Releasees, to the fullest extent permitted by law.