RELEASE OF LIABILITY, EXPRESS ASSUMPTION OF RISK, WAIVER OF CLAIMS, COVENANT NOT TO SUE & INDEMNITY AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY AND COMPLETELY.
THIS IS A LEGALLY BINDING AGREEMENT.
BY ACCEPTING AND ELECTRONICALLY SIGNING THIS AGREEMENT, YOU ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING CERTAIN RIGHTS TO BRING CLAIMS OR LAWSUITS FOR SERIOUS INJURY, PERMANENT DISABILITY, PARALYSIS, OR DEATH CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.
In consideration for being permitted to register for, enter, participate in, compete in, warm up for, assist with, attend, or otherwise be present in connection with a powerlifting competition sanctioned by the International Powerlifting Association (“IPA”) and promoted, organized, operated, hosted, or directed in whole or in part by Jividen Barbell LLC, I knowingly, voluntarily, and expressly agree as follows:
NATURE OF POWERLIFTING AND ACKNOWLEDGMENT OF DANGER
I understand that powerlifting is an inherently strenuous and potentially dangerous activity involving extremely heavy weights and maximum or near-maximum physical exertion.
Powerlifting competition may include, but is not limited to:
• Squat attempts
• Bench press attempts
• Deadlift attempts
• Warm-up attempts
• Maximum and near-maximum lifting
• Use of specialized powerlifting equipment
• Use of monolifts, racks, benches, platforms, bars, plates, collars, safety systems, and related equipment
I understand that severe and catastrophic injury can occur suddenly and without warning.
I understand that participation may result in injury even when the event is properly operated, equipment is properly maintained, safety devices are used, spotters and loaders are present, and all participants and event personnel exercise reasonable care.
SPECIFIC RISKS EXPRESSLY ACKNOWLEDGED
I understand, recognize, and voluntarily accept risks including, but not limited to:
• Muscle injuries
• Tendon injuries or ruptures
• Ligament injuries or ruptures
• Joint injuries
• Cartilage injuries
• Bone fractures
• Dislocations
• Head injuries
• Neck injuries
• Spinal injuries
• Neurological injuries
• Cardiovascular events
• Respiratory emergencies
• Internal injuries
• Crush injuries
• Concussions
• Loss of consciousness
• Fainting or syncope
• Seizure
• Stroke
• Heart attack
• Sudden cardiac arrest
• Breathing difficulties
• Excessive blood pressure changes
• Dehydration
• Overexertion
• Fatigue
• Aggravation of known or unknown medical conditions
• Hospitalization
• Emergency surgery
• Permanent impairment
• Permanent disability
• Paralysis
• Catastrophic bodily injury
• DEATH
I understand that injuries may occur as a result of a successful lift, failed lift, missed command, loss of balance, equipment malfunction, human error, or other circumstances.
RISKS INVOLVING WEIGHTS AND EQUIPMENT
I specifically understand and assume risks involving:
• Dropped barbells
• Falling barbells
• Rolling or shifting barbells
• Unexpected bar movement
• Bar whip
• Improperly loaded barbells
• Uneven loading
• Plate movement
• Collar failure
• Barbell failure
• Plate failure
• Bench failure
• Rack failure
• Monolift failure
• Platform failure
• Equipment movement
• Equipment breakage
• Equipment malfunction
• Improper equipment setup
• Improper equipment adjustment
• Improper rack height
• Improper bench height or positioning
• Improperly secured equipment
• Defective equipment
• Hidden or unknown equipment defects
• Structural component failure
SAFETY DEVICES AND SAFETY EQUIPMENT
I specifically acknowledge and assume risks involving the selection, inspection, setup, adjustment, positioning, operation, maintenance, malfunction, movement, breakage, failure, or absence of safety equipment and safety devices, including but not limited to:
• Face savers
• Bench face savers
• Safety straps
• Safety arms
• Safety pins
• Safety catches
• Safety hooks
• Rack safeties
• Monolift safety systems
• Bench safety systems
• Pins
• Bolts
• Fasteners
• Nuts
• Washers
• Collars
• Hooks
• Cables
• Chains
• Attachment points
• Brackets
• Welds
• Rack hardware
• Bench hardware
• Monolift hardware
• Platform components
• Structural components
• Any other safety or protective device
I understand that bolts, fasteners, straps, pins, catches, hooks, welds, attachment points, hardware, or structural components may loosen, move, separate, bend, break, malfunction, fail, or become improperly positioned.
I understand that a safety device may be improperly positioned, improperly adjusted, improperly secured, defective, unavailable, unable to engage, or unable to prevent or reduce an injury.
I EXPRESSLY UNDERSTAND THAT THE PRESENCE OR USE OF FACE SAVERS, SAFETY STRAPS, SAFETY ARMS, PINS, CATCHES, BOLTS, COLLARS, RACKS, MONOLIFTS, BENCH SAFETY SYSTEMS, OR ANY OTHER SAFETY DEVICE DOES NOT GUARANTEE MY SAFETY AND DOES NOT GUARANTEE THAT SERIOUS INJURY, PARALYSIS, OR DEATH WILL BE PREVENTED.
SPOTTERS, LOADERS, JUDGES, OFFICIALS, AND VOLUNTEERS
I specifically understand and assume risks arising from acts, omissions, mistakes, judgment calls, miscommunications, or errors involving:
• Spotters
• Loaders
• Judges
• Referees
• Meet directors
• Platform personnel
• Announcers
• Scorers
• Volunteers
• Coaches
• Contractors
• Employees
• Other competitors
• Venue personnel
Such risks include, but are not limited to:
• Failure to catch or control a barbell
• Delayed spotting
• Improper spotting
• Miscommunication among spotters
• Incorrect loading
• Uneven loading
• Incorrect weight
• Failure to secure collars
• Incorrect rack height
• Incorrect safety height
• Improper adjustment of safety equipment
• Failure to properly position safety equipment
• Failure to prevent or lessen an injury
• Judging errors
• Command errors
• Communication errors
• Equipment setup errors
• Human error of any other type
PREMISES AND EVENT RISKS
I understand and assume risks associated with the event premises and surrounding areas, including:
• Competition areas
• Warm-up areas
• Staging areas
• Spectator areas
• Entrances and exits
• Hallways
• Restrooms
• Parking areas
• Loading areas
• Walkways
• Flooring
• Platforms
• Extension cords or cables
• Equipment storage
• Crowds
• Other competitors
• Spectators
• Vendors
• Chairs, tables, barriers, or other objects
These risks include slips, trips, falls, collisions, falling objects, crowd-related incidents, property damage, and other accidents.
EXPRESS ASSUMPTION OF RISK
I KNOWINGLY, FREELY, EXPRESSLY, AND VOLUNTARILY ACCEPT AND ASSUME ALL RISKS OF PARTICIPATING IN, ATTENDING, OR BEING PRESENT AT THE EVENT.
This assumption of risk applies to risks that are:
• Known or unknown
• Obvious or hidden
• Foreseeable or unforeseeable
• Inherent in powerlifting
• Caused by equipment
• Caused by safety equipment
• Caused by another participant
• Caused by event personnel
• Caused by ordinary human error
• Caused in whole or in part by the ORDINARY NEGLIGENCE of a Released Party, to the fullest extent permitted by West Virginia law
I understand that the risks described in this Agreement are not exhaustive.
I voluntarily choose to participate despite these risks.
RELEASED PARTIES
For purposes of this Agreement, “Released Parties” means, individually and collectively:
• International Powerlifting Association (IPA)
• Jividen Barbell LLC
• Chris Jividen, individually and in any capacity including meet director, organizer, coach, official, representative, manager, member, or agent
• Event promoters
• Event organizers
• Event hosts
• Competition venue owners
• Competition venue operators
• Landlords
• Property owners
• Sponsors
• Vendors
• Judges
• Referees
• Spotters
• Loaders
• Volunteers
• Employees
• Officers
• Members
• Managers
• Agents
• Representatives
• Contractors
• Independent contractors
• Coaches
• Equipment providers
• Equipment lessors
• Equipment suppliers
• Medical or emergency personnel acting in connection with the event
• Any person or entity involved in organizing, operating, hosting, staffing, supporting, sponsoring, supplying equipment for, or providing services for the event
• The respective owners, officers, directors, members, managers, employees, representatives, agents, insurers, successors, and assigns of the foregoing entities or persons
The inclusion of a person or entity as a Released Party does not represent or guarantee that the person or entity has insurance coverage.
EXPRESS RELEASE OF ORDINARY NEGLIGENCE CLAIMS
I EXPRESSLY, KNOWINGLY, AND VOLUNTARILY RELEASE, WAIVE, AND FOREVER DISCHARGE THE RELEASED PARTIES FROM CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY, TO THE FULLEST EXTENT PERMITTED BY WEST VIRGINIA LAW.
I UNDERSTAND THAT THIS MEANS I AM RELEASING CERTAIN CLAIMS EVEN IF A RELEASED PARTY'S OWN ORDINARY NEGLIGENCE CAUSED OR CONTRIBUTED TO MY INJURY, LOSS, DISABILITY, OR DEATH.
This express release of ordinary negligence includes, without limitation, claims alleging negligent:
• Event planning
• Event organization
• Event operation
• Supervision
• Staffing
• Training
• Hiring
• Selection of personnel
• Communication
• Spotting
• Loading
• Unloading
• Judging
• Officiating
• Equipment selection
• Equipment inspection
• Equipment maintenance
• Equipment installation
• Equipment assembly
• Equipment setup
• Equipment positioning
• Equipment adjustment
• Equipment securing
• Rack-height selection
• Safety-height selection
• Safety-device selection
• Safety-device inspection
• Safety-device maintenance
• Safety-device installation
• Safety-device positioning
• Safety-device adjustment
• Failure to identify an equipment defect
• Failure to prevent an equipment malfunction
• Failure to prevent a safety-device malfunction
• Venue inspection
• Premises maintenance
• Crowd control
• Warm-up area management
• Platform management
• Emergency planning
• Emergency response
• Delay in contacting emergency services
• Acts or omissions of employees, contractors, judges, spotters, loaders, officials, or volunteers
This release includes legally waivable claims for:
• Bodily injury
• Illness
• Medical expenses
• Rehabilitation expenses
• Property damage
• Lost wages or income
• Loss of earning capacity
• Pain and suffering
• Emotional distress arising from bodily injury
• Permanent impairment
• Disability
• Paralysis
• Loss of consortium
• Death
• Other damages legally capable of being released in advance
LIMITATIONS OF THIS RELEASE
This Agreement is intended to be enforced to the maximum extent permitted by applicable law.
Nothing in this Agreement is intended to waive liability that West Virginia law does not permit to be waived in advance.
If applicable law prohibits advance release of a particular claim, that limitation shall apply only to that claim and shall not invalidate the remainder of this Agreement.
COVENANT NOT TO SUE
To the fullest extent permitted by law, I agree not to file, commence, maintain, prosecute, participate in, or assist in any lawsuit or claim against a Released Party based upon a claim that I have validly released under this Agreement.
I understand that this Covenant Not to Sue is separate from and in addition to my Release and Waiver of Liability.
CATASTROPHIC INJURY AND DEATH
I specifically acknowledge that this Agreement applies, to the fullest extent permitted by law, to injuries resulting in:
• Emergency treatment
• Ambulance transportation
• Hospitalization
• Surgery
• Intensive care
• Permanent impairment
• Permanent disability
• Paralysis
• Catastrophic injury
• Death
I intend that the releases, waivers, assumption-of-risk provisions, and defenses created by this Agreement be available to the Released Parties in response to claims brought by me and, to the fullest extent allowed by law, claims asserted through or on my behalf by my estate, personal representative, heirs, beneficiaries, spouse, family members, successors, or assigns.
I understand that the ultimate legal effect of this provision is governed by applicable West Virginia law.
INDEMNIFICATION AND HOLD HARMLESS
To the fullest extent permitted by law, I agree to defend, indemnify, and hold harmless the Released Parties against third-party claims, damages, liabilities, judgments, settlements, expenses, and reasonable attorney fees arising out of:
• My own negligent, reckless, intentional, or wrongful acts or omissions
• My violation of event rules or safety requirements
• My unauthorized alteration or interference with equipment or safety devices
• Bodily injury that I cause to another person
• Property damage that I cause
• Claims resulting from false or materially inaccurate information that I provide concerning my identity, age, eligibility, or authority to execute this Agreement
This indemnity provision is intended to be interpreted only to the fullest extent legally permissible and separately from the participant's release of his or her own bodily-injury claims.
PARTICIPANT RESPONSIBILITY FOR SAFETY
I agree to follow all applicable:
• IPA rules
• Meet rules
• Safety rules
• Equipment requirements
• Commands
• Instructions from meet officials
• Instructions from spotters and loaders when related to platform safety
I will not knowingly interfere with, modify, disable, loosen, reposition, remove, or tamper with any safety device or competition equipment unless specifically authorized by event personnel.
This includes:
• Face savers
• Safety straps
• Safety arms
• Safety pins
• Safety catches
• Bolts
• Fasteners
• Collars
• Hooks
• Attachment points
• Rack components
• Monolift components
• Bench components
• Bench safety devices
• Platform components
• Other safety devices
I understand that event personnel may stop an attempt, refuse an attempt, remove me from competition, or require me to leave the premises if they reasonably believe that my conduct creates a safety concern, violates event rules, or interferes with event operations.
NO GUARANTEE OF SAFETY
I understand that no Released Party guarantees my safety.
I understand that reasonable safety measures can reduce but cannot eliminate the risk of injury or death associated with maximum-effort powerlifting.
The presence of:
• Spotters
• Loaders
• Judges
• Coaches
• Safety straps
• Face savers
• Safety arms
• Safety pins
• Safety catches
• Racks
• Monolifts
• Bench safety systems
• Emergency procedures
• Medical personnel
• Rules or regulations
DOES NOT GUARANTEE THAT AN ACCIDENT, CATASTROPHIC INJURY, OR DEATH WILL BE PREVENTED.
MEDICAL FITNESS
I represent that I am responsible for determining whether I am physically and medically capable of participating.
I understand that neither Jividen Barbell LLC, Chris Jividen, the IPA, nor any other Released Party is undertaking a duty to determine whether I am medically fit to participate.
I understand that powerlifting competition can place extreme demands on the cardiovascular, musculoskeletal, neurological, and respiratory systems.
I understand that undisclosed, undiagnosed, or unknown medical conditions may increase my risk of serious injury or death.
I voluntarily accept responsibility for deciding whether I should compete.
I agree to stop participating and notify event personnel if I believe that continuing would create an unreasonable risk to my health or safety.
MEDICATIONS, SUBSTANCES, AND PERSONAL DECISIONS
I accept responsibility for my own decisions concerning food, hydration, supplements, medications, weight cutting, weight manipulation, training, recovery, and other personal health practices.
Unless specifically undertaken by a licensed medical professional acting in that professional capacity, no Released Party is responsible for providing individualized medical advice regarding my participation.
I understand that dehydration, rapid weight loss, stimulant use, medication use, fatigue, illness, or other personal circumstances may increase the risk of injury or medical emergency.
EMERGENCY MEDICAL AUTHORIZATION
If I become injured, ill, unconscious, incapacitated, or otherwise unable to make medical decisions, I authorize event personnel to contact emergency medical services and to provide or arrange reasonable emergency assistance.
I understand that:
• Event personnel do not guarantee the presence or availability of medical professionals
• Event personnel cannot guarantee ambulance or emergency response times
• Event personnel cannot guarantee the outcome of emergency treatment
• This authorization does not create a physician-patient relationship with the Released Parties
Except as otherwise required by law or payable under applicable insurance, I accept responsibility for medical treatment, ambulance transportation, hospitalization, deductibles, copayments, and other medical expenses resulting from my participation.
PERSONAL PROPERTY
I assume responsibility for my own clothing, lifting equipment, personal property, cash, electronics, vehicles, and other belongings.
To the fullest extent permitted by law, the Released Parties are not responsible for theft, disappearance, loss, or damage to personal property occurring in connection with the event.
VOLUNTARY PARTICIPATION AND OPPORTUNITY TO REVIEW
I acknowledge and agree that:
• Participation in this event is voluntary
• I am not required to participate
• I may choose not to participate
• I have been provided access to this entire Agreement before accepting it
• I have been given an opportunity to read this Agreement
• I have been given an opportunity to ask questions before agreeing to it
• I have the right to consult an attorney before agreeing to it
• I understand that registration may be denied if I do not agree to the required terms
• I have not relied on oral statements that contradict this written Agreement
• No person has forced or improperly coerced me to accept this Agreement
ELECTRONIC TRANSACTION AND ELECTRONIC ASSENT
I agree to conduct this transaction electronically.
I understand that this Agreement is being presented electronically through an online registration or event-management system, including Jotform or a comparable electronic platform.
By completing the required acknowledgments, applying my electronic signature, and submitting the form, I intend to:
• Identify myself as the person accepting this Agreement
• Demonstrate my affirmative assent to its terms
• Create a legally binding electronic record
• Adopt my electronic signature as my signature for this Agreement
• Agree that my electronic signature shall have the same force and effect as my handwritten signature to the extent provided by applicable law
I consent to the electronic creation, transmission, storage, and retention of this Agreement and the information associated with my submission.
ELECTRONIC RECORDS
I understand and agree that electronic records associated with this Agreement may include, where collected or retained by the electronic platform:
• My submitted name
• My electronic signature
• Date and time of submission
• Form responses
• Required acknowledgments
• Transaction or submission identifiers
• Electronic audit information
• Other records generated in the ordinary operation of the electronic registration system
I agree that authentic electronic copies of this Agreement and associated submission records may be used to establish the terms of my agreement and my assent to them.
PARTICIPANTS UNDER 18 YEARS OF AGE
A participant under eighteen (18) years of age may not rely solely upon his or her own acceptance of this Agreement.
Participation by a minor is conditioned upon completion of any additional parent or legal guardian consent, acknowledgment, authorization, or agreement required by Jividen Barbell LLC, the IPA, the venue, or applicable law.
Nothing in this Agreement is intended to represent that a parent or guardian may legally waive every claim belonging to a minor.
Any provision affecting a minor shall apply only to the maximum extent permitted by West Virginia law.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of West Virginia, without regard to conflict-of-law principles, to the extent such choice of law is legally enforceable.
VENUE AND JURISDICTION
To the fullest extent legally enforceable, any legal action concerning this Agreement or arising from participation in the event shall be brought in a court of competent jurisdiction in Putnam County, West Virginia.
Nothing in this section is intended to confer jurisdiction on a court that otherwise lacks jurisdiction or to override a venue requirement that cannot legally be modified by agreement.
SEVERABILITY
Each provision of this Agreement is intended to be separate and severable.
If any provision, sentence, phrase, or portion of this Agreement is determined to be illegal, invalid, or unenforceable, that portion shall be limited or severed to the minimum extent necessary.
The remaining provisions shall remain in effect to the fullest extent permitted by law.
REFORMATION
If a provision of this Agreement is broader than permitted by applicable law, I intend that the provision be enforced to the maximum extent legally permissible rather than invalidated in its entirety, where applicable law permits such treatment.
NO WAIVER BY FAILURE TO ENFORCE
The failure of a Released Party to enforce any provision of this Agreement on one occasion shall not constitute a waiver of the right to enforce that provision or another provision on a later occasion.
SURVIVAL
The provisions concerning assumption of risk, release of liability, waiver of claims, covenant not to sue, indemnification, governing law, venue, electronic records, severability, and other provisions intended by their nature to continue after the event shall survive completion of the event.
HEADINGS
Section titles and headings are provided for readability only and shall not limit or alter the substantive meaning of the provisions of this Agreement.
ENTIRE AGREEMENT
This Agreement constitutes the complete agreement concerning the release, assumption of risk, waiver, covenant not to sue, and indemnification addressed herein.
No oral statement, representation, assurance, or promise may modify this Agreement.
Any modification must be made in a legally effective written or electronic agreement.
FINAL ACKNOWLEDGMENT
I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY.
I UNDERSTAND THAT POWERLIFTING INVOLVES THE RISK OF SERIOUS BODILY INJURY, CATASTROPHIC INJURY, PERMANENT DISABILITY, PARALYSIS, AND DEATH.
I UNDERSTAND THAT EQUIPMENT, FACE SAVERS, SAFETY STRAPS, SAFETY ARMS, BOLTS, PINS, CATCHES, RACKS, MONOLIFTS, BENCH SAFETY SYSTEMS, SPOTTERS, LOADERS, AND OTHER SAFETY DEVICES OR PERSONNEL MAY FAIL OR MAY BE UNABLE TO PREVENT INJURY OR DEATH.
I UNDERSTAND THAT THIS AGREEMENT EXPRESSLY RELEASES CERTAIN CLAIMS BASED UPON THE ORDINARY NEGLIGENCE OF JIVIDEN BARBELL LLC, CHRIS JIVIDEN, THE INTERNATIONAL POWERLIFTING ASSOCIATION, THE EVENT VENUE, AND OTHER RELEASED PARTIES, TO THE FULLEST EXTENT PERMITTED BY WEST VIRGINIA LAW.
I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS.
I KNOWINGLY AND VOLUNTARILY ACCEPT THE RISKS OF PARTICIPATING.
I HAVE HAD THE OPPORTUNITY TO READ THIS AGREEMENT, ASK QUESTIONS, DECLINE PARTICIPATION, AND CONSULT AN ATTORNEY BEFORE ACCEPTING IT.
BY COMPLETING THE REQUIRED ELECTRONIC ACKNOWLEDGMENTS, ELECTRONICALLY SIGNING, AND SUBMITTING THE REGISTRATION FORM, I KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.