Release and Waiver of Liability Agreement
WHEREAS, Dish One Satellite, LLC d.b.a., Caliber Smart (“Occupant”) is the occupant of the property located at 1160
Bond Ave., Rexburg, Idaho 83440 (“Premises’), and is willing to permit the individual(s) signing this Agreement to use the
Premises for the purpose of participating in strength and conditioning and skills training classes upon the terms and
conditions of this Agreement.
In consideration for being provided access to and use of the Premises, each person signing below hereby stipulates and
agrees:
1. USE OF PREMISES. I understand and agree that I may only use the Premises for the purposes set forth in this Release
and Waiver of Liability agreement. I further agree that I am responsible for the proper use and care of the Premises and any
of Occupant’s property thereon, and that I will be liable for the replacement cost of any Occupant property, which is damaged,
destroyed or lost. I also agree to clean up and restore the Premises after I am done using the Premises as permitted in this
agreement and to restore the Premises to the same condition in which it was provided to me.
2. ASSUMPTION OF RISK. I understand and acknowledge that the activities that take place on the Premises may be
dangerous and may involve the risk that I will sustain serious injury, temporary or permanent disability, death, and/or
property damage. I understand that the activities that take place on the Premises may not be supervised and that the (Occupant
of the Premises does not provide medical services. I further acknowledge that any injury I may sustain while on the Premises
may be compounded by negligent or delayed medical service. I VOLUNTARILY AND FREELY ASSUME ALL RISKS
AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF AND PARTICPATION OF ACTIVITIES ON THE
PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE,
3. RELEASE FROM LIABILITY. I hereby agree, on behalf of myself, my heirs and my personal representatives, to fully
and forever discharge and release Occupant and its affiliates, and their respective partners, agents, operators, managers,
employees, and representatives (“Released Parties”) from any and all claims I may have or hereinafter have for any injury,
temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter
known in any jurisdiction in the world, attributable or relating in any manner to my entry upon and use of the Premises,
whether caused by the negligence of the Occupant or any of the Released Parties or by any other reason. I acknowledge and
agree that this Release and Waiver of Liability is intended to be, and is, a complete release of any responsibility of the
Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained
by me while on or using the Premises.
4. COVENANT NOT TO SUE. I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in
the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a
result of any personal injury, death or property damage I may sustain while on or using the Premises.
5. INDEMNIFICATION. I hereby agree to defend, indemnify and hold harmless Occupant and the Released Parties from
and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties,
expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to
property sustained by reason of or arising out of my use of the Premises or participation in any activities on the Premises.
6. RESPONSIBILITY FOR PERSONAL PROPERTY. I acknowledge and agree that I am fully and solely responsible
for any of my property and personal belongings that I bring onto the Premises and that Occupant will not be responsible for
or provide any security for my property and personal belongings.
7. NO REPRESENTATIONS BY OCCUPANT. I acknowledge that Occupant makes no representation as to the condition
of the Premises or the safety of any structures or equipment that may be used at the Premises. I accept and shall use the
Premises in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by
the Occupant or the Occupant’s employees, agents, or representatives regarding this agreement or the Premises, except to
the extent such representations are expressly set forth in this agreement.
8. Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in
accordance with the laws of the State of Idaho, without giving effect to the principles of conflicts of law of such state. I agree
that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in any state or
federal court located in Idaho, Madison County.
Page 2
9. Waiver. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in
writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this
agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such
provision or any other provision of this agreement thereafter.
10. Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by either party
after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
11. Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability agreement and use of
the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
12. Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of
competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force
and effect.
13. Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the parties with
respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether
written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid
unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to
the benefit of the successors, assigns, and legal representatives of the parties.
I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE
PROVISIONS. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE
OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST
EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT
VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND. IF THE
INDIVIDUAL PARTICIPATING IN ACTIVITIES ON THE PREMISES IS A MINOR, THE PARENT OR
GUARDIAN OF THE MINOR SHALL SIGN BELOW ON BEHALF OF THE MINOR CHILD.