Release of Claims, Liability and Indemnification Agreement *IMPORTANT* READ THIS RELEASE CAREFULLY. BY SIGNING YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS.
Express Assumption of Risk
In consideration of being allowed to participate in USAPL events or competitions, I on behalf of not only myself, but also for my heirs, executors, representatives, agents, successors, assigns, and administrators (“Releasor”) as competitor, loader, spotter, referee, platform worker, or participant in any other capacity as may apply to my participation, hereby agree and acknowledge that I am fully aware that participation in the event or competition involves risk, both direct and inherent, and I accept the risk of participating, even if the risks are created by the carelessness, negligence or gross negligence of USA Powerlifting, Inc., USA Powerlifting, Inc. officers, officials, administrative personnel, agents, independent contractors, meet director(s), loaders, spotters, referees, meet personnel or other employees associated with this competition (hereinafter “Released Parties”). I understand and am fully aware that there are significant risks, known and unknown, involved in all aspects of my participation in the event or competition and that many of these risks are essential to the activity and, therefore, cannot be eliminated. I understand that these risks include bodily injury ranging from minor sprains to death and disfigurement and include but are not limited to: equipment failure; failure to properly maintain equipment; inadequate coach/instructor/trainer supervision or training; failure to give adequate warnings or instruction; failure of participants to follow instructions; participants exceeding their own skill level or physical condition; participant’s own negligence and the negligence of others; dehydration; exhaustion; fatigue; collisions with other participants, equipment or other objects; collision with the ground or floor; and the unavailability of immediate medical care. These risks could result in minor injury, serious injury or even death; injury or death due to negligence on the part of myself or other people around me. I understand that an injury may impair a participant’s future ability to earn a living, to engage in business, social and recreational activities, and to generally enjoy life. I agree that my participation is VOLUNTARY and based on my independent assessment of the risks involved and assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from my participation in any event or competition under the direction of Released Parties.
Release of Claims and Liability and Indemnification Agreement
I have read and understand the foregoing Express Assumption of Risk, and Release of Liability and I understand that by signing it I am obligated to indemnify the Released Parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission(s) or the negligent or intentional act or omission(s) of the Released Parties. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Released Parties from any and all claims, demands, or causes of action, which are in any way connected with participation in the event or competition, including any such claims which allege negligent acts or omissions of the Released Parties. I accept sole financial and legal responsibility for myself in the event of injury or illness that I suffer or for which I am legally responsible for to a third-party and agree to indemnify and defend Released Parties from any and all claims, demands, damages, loss of service, or expense for property damage and for personal injuries or actions brought by a third-party against Released Parties resulting or arising from my participation in the above-described event or competition or my use of the facility in which this competition is held. I accept sole financial and legal responsibility for myself for property damage, lost equipment, and/or disciplinary sanctions. I understand that by signing this form I am waiving valuable legal rights.
Drug Testing Policy
I understand and accept that I am prohibited from using any substance or doping method that is banned by the World Anti-Doping Agency (WADA) / United States Olympic Committee. It is my sole responsibility to stay current with any WADA banned substances or doping methods, including those most recently banned substances. I further accept sole responsibility for what I ingest into my body and if I should unknowingly consume a banned substance, I shall remain solely responsible for the result of consuming the banned substance and shall accept the results and consequences thereof. I understand and agree that if asked to submit to a drug test, I agree that the testing method utilized by the meet director and/or the sponsors of this meet to detect the presence of performance enhancing substances shall be deemed procedurally conclusive. That is, whether or not I agree with the test results, I agree to waive my right to challenge the procedure by which the results were obtained. I further agree to submit to any physical tests that may be necessary to complete and verify the testing. Should I fail the tests, I agree to forfeit any trophy or award that I might otherwise be entitled to based upon my performance. I understand and agree that if I fail to pass the tests, my name will appear on a published list of suspended members.
Photography/Video and Media Release
I hereby grant to USAPL, its Promoter and/or any other USAPL approved video or entertainment organization and all of their agents, successors, licensees and assigns, an exclusive license and right to photograph, videotape or otherwise record and reproduce (whether by film, tape, still photography or otherwise) my voice, appearance, likeness and name, and to exhibit, distribute, transmit, and/or otherwise exploit any and all media, including without limitation, by means of still photography, motion picture, radio, television, television motion picture, video, printing on digital or any other medium now known or hereafter devised, including any merchandising, advertising and/or publicity, and a license and right to use my name and biographical information about me in connection with any of the foregoing. The exclusive license and rights granted by me hereunder are irrevocable and shall endure in perpetuity and I waive the right to demand further compensation in connection therewith. Nothing contained herein shall be deemed to obligate the USAPL, its Promoter, and/or any other USAPL approved video or entertainment organization, to photograph or otherwise reproduce my voice, appearance, likeness or name, or to make use of any rights granted herein. I also understand that the aforementioned rights may be reassigned at any time without further consent. I understand that the USAPL, its Promoter and/or any USAPL approved video or entertainment organization, are videotaping, photographing and recording the Event in express reliance upon the foregoing, and I represent and warrant that I am free to grant the aforementioned license and rights to USAPL, its Promoter and/or any other USAPL approved video or entertainment organization.
Attorney Fees and Costs
I agree to pay full reasonable actual attorney fees and litigation expenses incurred by any person, real or corporate, whom I may sue in an effort to challenge this Release of Claims, Liability and Indemnification Agreement. I understand that my agreement to pay attorney fees and litigation expenses is an essential condition for the acceptance of my membership and entry into USAPL events or my participation in USAPL competitions. If any provision of this Release of Claims and Liability and Indemnification Agreement shall be deemed by a court of competent jurisdiction to be invalid, the remainder of this Release of Claims, Liability and Indemnification Agreement shall remain in full force and effect.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THE INFORMATION CONTAINED IN THIS DOCUMENT, WHICH CANNOT BE MODIFIED EXCEPT IN WRITING BY BOTH PARTIES, AND THAT I SIGN THIS RELEASE OF CLAIMS VOLUNTARILY WITH THE KNOWLEDGE THAT I AM FREE TO CONSULT WITH MY OWN ATTORNEY BEFORE WAIVING IMPORTANT LEGAL RIGHTS.
SIGNATURE: Your signature affirms that you have read all the above, understand it, and agree to it.