Elevate Strength and Conditioning
WAIVER, RELEASE, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT
For Varsity Team Only
In consideration for the use of services, facilities, or equipment provided by Elevate Strength and Conditioning, d/b/a Elevate Strength Co., the undersigned participant hereby releases Elevate Strength and Conditioning, its subsidiaries, affiliates, partners, officers, directors, employees, agents, and volunteers (and each of their respective heirs, assigns, and legal representatives), on behalf of the participant or his or her heirs, assigns, and legal representatives, from any and all liability for negligence, bodily injuries, death or property damage to participant, arising out of participant's use of, or presence upon property, or services of Elevate Strength and Conditioning.
ASSUMPTION OF RISK
The participant at Elevate Strength and Conditioning understands, acknowledges, and agrees that activities such as weightlifting, weight training, bodyweight exercises, gymnastics, tumbling, and freerunning are potentially dangerous activities, and those activities can result in injury to the participant and/or damage to property or to third parties, and the participant is fully aware of the risks inherent in engaging in or observing any activity at or provided by Elevate Strength and Conditioning, no matter how careful the participants and staff, no matter what safety equipment is used, the risk cannot be eliminated. Risk can be reduced but never eliminated.
The risk of injury includes, but is not limited to, minor injuries, such as bruising and more serious injuries, such as broken bones, dislocations, rhabdomyolysis, and muscle pulls. The risks include catastrophic injuries such as permanent paralysis or death. These can occur from landing or falls on the back, neck, or head, and other such occurrences. The participant may suffer such injuries while merely observing or being in the proximity to our activities as other participants may collide, land, or fall upon you. The participant is aware of the conditions of the facilities and that conditions may become more dangerous during the time the participant is using the premises. The participant voluntarily assumes all risk of loss, damage, or injury while on the premises. The participant acknowledges that there are various degrees of skill and experience required for the different activities and the participant will abide by the rules for the use of the various activities, including wearing all of the protective gear and equipment that is required for participation and will follow instructions of staff members. Failure to follow rules and instructions from staff may result in termination of participation in activities without refund and/or immediate removal from the facility.
RELEASE, INDEMNIFY, AND HOLD HARMLESS
The participant agrees to release, indemnify, and hold harmless Elevate Strength and Conditioning against, and hold it harmless from, any and all damages, actions, claims, judgments, costs of litigation and attorney's' fees which may result from the participants use of services or the presence on the property or facilities of Elevate Strength and Conditioning, including damage to the equipment used by Elevate Strength and Conditioning, or lessor's property.
AUTHORIZATION FOR TREATMENT AND USE OF MEDIA
I hereby authorize Elevate Strength and Conditioning to act for me according to their best judgment in any emergency requiring medical attention. All medical expenses incurred will be the responsibility of the participant or participant's family. By signing below, I certify to Elevate Strength and Conditioning that I have no physical condition or mental impairment that would be affected by participation in activities of Elevate Strength and Conditioning. I permit Elevate Strength and Conditioning to use any photographs, videotapes, motion picture recordings, or any other record taken while I am on the premises of Elevate Strength and Conditioning, or engaged in any activity or event sponsored, promoted, or organized by Elevate Strength and Conditioning for publicity, advertising, or any legitimate purpose.
The entirety of this agreement will be governed by the applicable laws of the State of Washington. Any action brought to enforce the provisions of this agreement will be brought in the state court of Kitsap County and may be subject to applicable Mandatory Arbitration Rules. Participant shall bear his or her own costs and attorney's fees in pursuing such an action and may be liable for Elevate Strength and Conditioning attorneys' fees under the terms above.
By signing this waiver and assumption of risk and release, I acknowledge that I have read the above release and fully understand its contents. I agree to be bound by the terms of the release and understand that any and all risks, whether known or unknown, are expressly waived in advance. I certify that the participant is covered by insurance to cover any injury or damages I may suffer or cause, or else I agree to bear the costs for such injury or damage to myself, or others.