Purpose of This Binding Agreement

By reading and signing this document, "You," the undersigned, sometimes also referred to as "I," will agree to release and hold Campbell Performance, LLC harmless from, and assume all responsibility for, all claims, demands, injuries, damages, actions or causes of action to persons of property, arising out of or connected with your use of the facility, premises, or services. The agreement and release is for the benefit of Campbell Performance, LLC, its employees, agents, independent contractors, and all persons on the premises and any off-site location.  This agreement includes your release of these persons from responsibility of injury, damage, or death to oneself or your child because of those acts or omissions claimed to be related to the ordinary negligence of these persons. This agreement also includes your representations as to important matters which Campbell Performance, LLC will rely upon. 

A. Representations

I, the undersigned, (a) understand that use of the Campbell Performance, LLC premises, facilities, equipment, services and programs includes an inherent risk of injury to persons and property; (b) that you and/or child are in good physical condition and have no disabilities, illnesses, or other conditions that could prevent you or your child from exercising and using the Campbell Performance, LLC, equipment/facilities and services without injuring yourself or impairing your health; and (c) that you have consulted a physician prior to starting an exercise training program for yourself or child.  Physical activity involves potential health risks that include, but are not limited to, injuries arising from or relating to use by you or others of exercise equipment, restrooms, and other facilities; injuries arising from or relating to participation by you or others in supervised or unsupervised activities or training program services through Campbell Performance, LLC; injuries and medical disorders arising from or relating to use of Campbell Performance, LLC, facilities and any off-site locations including the spread of disease, heart attack, sudden cardiac arrest, stroke, heat stress, and sprains, strains, broken bones, torn muscles, tendons, and ligaments, among others; and accidental injuries occurring anywhere on the Campbell Performance facility premises and any off-site location. 

You acknowledge either that you have had a physical examination and have been given your physician's permission to participate in training activities and services, or that you have decided to participate in physical activity and use of the facility without the approval of your physician and do hearby assume all responsibility for your participation and activities, and utilization of equipment and machinery in your activities.     

 

B. Express Assumption of All Risks

You have represented to us and acknowledged that you understand and appreciate all of the risks associated with your participation in various activities and training services offered by Campbell Performance, LLC, and in the use of equipment/facilities at Campbell Performance, including the risk of injury, disability, and death.  Knowing and appreciating all of these risks and enhanced risks, you have knowingly and intelligently determined to expressly assume all risks associated with all of your activites and use of equipment/facilities at the Campbell Performance facility and off-site locations.  You understand and are aware that physical activity and training including the use of equipment, can potentially be a hazardous activity.  You also understand that fitness activities involve the risk of injury and even death, and that you are voluntarily participating in these activities and using equipment and machinery with knowledge of the dangers involved.  You hereby agree to expressly assume and accept any and all risks of injury or death including those related to your use of or your presense at this facility or off-site locations, your use of equipment, and your participation in activity, including those risks related to the ordinary negligence in the selection, purchase, setup, maintenance, instruction as to use, and use and/or supervision of use, if any, associated with all equipment and facilities.      

 

 

C. Agreement and Release of Liability

In consideration of being allowed to participate in the activities and training services of Campbell Performance, LLC, and to use its equipment/facilities and machinery in addition to the payment of any fee or charge, you do hereby waive, release, and forever discharge Campbell Performance, LLC, and its owners, agents, employees, representatives, successors and assigns, administrators, executors, and all others from any and all responsibilities or liability from injuries or damages resulting from your participation in any activities or your use of equipment/facilities or machinery in the above mentioned activities.  You do also hereby release all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury or damage to yourself or child, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with your participation in any activities of Campbell Performance, LLC.  This provision shall apply to ordinary acts of negligence but shall not apply to gross acts/omissions of negligence, willful or wanton acts/omissions, or those of an intentional/criminal nature.   

D. Loss or Theft of Property

Campbell Performance, LLC, its owners, employees, and representatives are not responsible for lost or stolen articles. You should keep any valuables with you at all times while using the facilities. Storage spaces do not always protect valuables. Consequently, by executig this Agreement and any accompanying documents, you do hereby agree to assume all reponsibility for your own property and that of any dependent(s) and to insure that property against risk of loss as you see fit. By the execution hereof, you expressly, on behalf of yourself and any dependents, do hereby knowingly agree to forego, waive, release, and prospectively give up any right to institute any claim or action against the above mentioned relating to lost or stolen property, including property lost or stolen due to the negligent act or omission of Campbell Performance, LLC. You agree to indemnify and save Campbell Performance, LLC, and all of its personnel harmless from any action, claim, suit, or subrogated claim or suit instituted at any time hereafter against Campbell Perfromance, LLC, related to the theft or loss of your or your dependents' property at the Campbell Performance facility or off-site locations. Campbell Performance, LLC, shall be indemnified by you for all costs, expenses, fees, including attorney fees, incurred by the beforementioned or its personnel by reason of any such action.  

 

E. Photography / Videography

Events may be videotaped and/or photographed for future marketing and social media material. By signing below, you acknowledge and understand the likely occurence of professional or amateur photography and videotaping of the event in which you or your child participates, and agree to hold Campbell Performance, LLC, or any of its subsidiaries, affiliates, and contracted partners harmless of any claims that would arise out of any internet, social media, email, or any other public display or dissemination of pictures and videos in which you or your child are displayed, portrayed, or pictured. You further acknowledge and understand that you have no ownership rights to such photos/video/marketing material.

 

 

If I am signing on behalf of a minor child, I also give full permission for any person connected with Campbell Performance, LLC to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well-being of the child.

This Agreement shall be interpreted according to the laws of the State of Mississippi. If any part of this Agreement should ever be determined by a court of final jurisdiction to be invalid, the remaining portions hereof shall be deemed to be valid and enforceable.

Acknowledgment I have read and upon request received a completed copy of this Agreement and all of its Exhibits, as well as any Rules and Regulations of Campbell Performance, LLC, which are incorporated herein by reference. I agree to be bound by the terms and conditions of the Agreement and the Rules and Regulations of Campbell Performance, LLC, as same exist or as same may be amended from time to time hereafter. This agreement shall be binding upon me and my spouse, my heirs, my estate, my executors, my administrators, and my successors and/or assigns. I realize that this Agreement is designed to prevent me and/or them from filing any personal injury or other lawsuit based upon ordinary negligence, including negligent battery, or even negligent wrongful death, loss of consortium, and any other similar lawsuit arising out of any injury to me which I or they may possess hereafter. The undersigned, on behalf of myself and my heirs, executors, administrators, successors, and assigns hereby agree to indemnify Campbell Performance, LLC, and all those hereby released and to hold them absolutely harmless if anyone, including the undersigned, should hereafter file suit against Campbell Performance, LLC, or those released hereby for any matter intended to be released by this Agreement, including claims based upon ordinary negligence such as but not limited to personal injury, wrongful death, loss of consortium, or other similar actions.