APEX PEAK PERFORMANCE COACHING & CONSULTING LLC
PARTICIPANT AGREEMENT AND RELEASE OF LIABILITY

 

In consideration of being permitted to participate in any program, class, lesson, course, workshop, clinic, camp, retreat, coaching session, certification course, practice session, event, competition, or other activity offered, sponsored, organized, or conducted by APEX Peak Performance Coaching & Consulting LLC ("APEX"), whether conducted on land, in a pool, in open water, or at any other location (collectively, the "Activities"), I voluntarily acknowledge and agree as follows:

For purposes of this Agreement, Activities include, but are not limited to:

Individual and group coaching
Endurance coaching
Athletic performance coaching
Executive and leadership coaching
Wellness and resilience coaching
Freediving instruction and certification courses
Freediving practice sessions and continuing education
Dynamic apnea and static apnea training
Breathwork and respiratory muscle training
Land-based apnea training
Integrated mind-body performance training
Nervous system regulation training
Pool workouts and aquatic exercise
Open-water training
Surf instruction
Swimming instruction
Strength, conditioning, mobility, flexibility, and recovery training
Youth and adult camps
Workshops, seminars, clinics, presentations, retreats, competitions, and special events
Educational consulting services
Any future programs, services, or activities offered by APEX.
These Activities may be conducted by Ricardo Urbina, Donna Norkeliunas, employees, contractors, coaches, instructors, volunteers, guest instructors, affiliates, or other authorized representatives of APEX.

1. PARTICIPANT RESPONSIBILITY
I agree to comply with all written and verbal instructions, safety rules, policies, procedures, and directions provided by APEX and its instructors, coaches, employees, contractors, volunteers, representatives, host facilities, or affiliated organizations.

I understand that my failure to follow instructions may increase the risk of injury to myself or others and may result in my removal from an Activity without refund.

I further agree to comply with all APEX registration, scheduling, attendance, participation, and cancellation policies, including any policies in effect at the time of participation.

I understand that I am responsible for monitoring my own physical and mental condition throughout the Activities and will immediately notify an instructor if I experience pain, dizziness, unusual shortness of breath, confusion, loss of consciousness, ear or sinus pain, visual disturbances, chest discomfort, or any other concerning symptoms.

2. HEALTH CERTIFICATION

I represent and warrant that:

I am physically and mentally capable of safely participating in the Activities.
I have no known medical condition that would make participation unsafe.
I have consulted with my physician regarding participation if I have any questions concerning my health or fitness.
I understand that APEX does not provide medical evaluations or determine whether participants are medically fit to participate.
I am solely responsible for determining whether participation is appropriate for me.
I understand that APEX is relying upon the truthfulness of these representations in permitting my participation.

3. ASSUMPTION OF RISK
I understand and acknowledge that participation in the Activities involves inherent and unavoidable risks that cannot be completely eliminated regardless of the care exercised by APEX.

These risks include, but are not limited to:

Physical exertion
Fatigue
Muscle strains, sprains, fractures, and other orthopedic injuries
Slips, trips, falls, and collisions
Equipment malfunction or failure
Environmental conditions
Water-related hazards
Open-water hazards
Strong currents, waves, marine life, and changing weather conditions
Drowning
Shallow water blackout
Hypoxia
Hypercapnia
Loss of consciousness
Ear and sinus injuries
Pulmonary barotrauma and other pressure-related injuries
Panic or psychological stress
Cardiac events
Illness or infection
Negligence of other participants
Permanent disability
Death
I understand that these risks may arise from my own actions, the actions of others, the condition of facilities or equipment, environmental conditions, or other foreseeable and unforeseeable circumstances.

I knowingly and voluntarily assume all risks associated with participation in the Activities, whether known or unknown.

4. RELEASE OF LIABILITY
To the fullest extent permitted by applicable law, I release, waive, discharge, and covenant not to sue APEX Peak Performance Coaching & Consulting LLC; Ricardo Urbina; Donna Norkeliunas; its owners, members, officers, employees, contractors, coaches, instructors, volunteers, representatives, affiliates, sponsors, host facilities, property owners, event organizers, and agents (collectively, the "Released Parties") from any and all claims, demands, causes of action, liabilities, damages, losses, costs, or expenses arising out of or relating to my participation in the Activities, including claims arising from the ordinary negligence of the Released Parties.

I understand that this release does not apply to gross negligence, reckless conduct, or intentional misconduct to the extent such claims cannot legally be waived.

5. INDEMNIFICATION
I agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, demands, actions, liabilities, damages, judgments, settlements, losses, costs, and reasonable attorneys' fees arising from:

My participation in the Activities;
My negligent, reckless, or intentional conduct;
My violation of APEX policies or instructor directions;
My breach of this Agreement; or
Any claim brought by or on behalf of a minor for whom I am legally responsible.

6. EMERGENCY MEDICAL AUTHORIZATION
In the event I become ill or injured and am unable to make medical decisions, I authorize APEX and its representatives to obtain emergency medical evaluation, treatment, and transportation deemed reasonably necessary.

I understand that APEX assumes no responsibility for the quality, timing, or outcome of any medical care provided.

I accept full responsibility for all medical expenses incurred on my behalf.

If I am signing on behalf of a minor participant, I grant this authorization for that minor.

7. PROPERTY DAMAGE
I agree to be financially responsible for any damage to facilities, equipment, boats, vehicles, or other property resulting from my negligent, reckless, or intentional conduct or that of any minor for whom I am legally responsible.

8. NO GUARANTEE OF RESULTS
I understand that APEX has made no representations or guarantees regarding any specific health, fitness, athletic, therapeutic, educational, or performance outcome resulting from participation in the Activities.

Individual results vary, and participation alone does not guarantee any particular improvement or achievement.

9. GOVERNING LAW
This Agreement shall be governed by and interpreted under the laws of the State of Florida without regard to its conflict-of-law principles.

Any legal action arising out of or relating to this Agreement shall be brought exclusively in a court of competent jurisdiction located within the State of Florida.

10. ELECTRONIC SIGNATURE
I agree that my electronic signature has the same legal force and effect as my handwritten signature.

11. SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties regarding the subject matter contained herein and supersedes all prior oral or written representations relating to the Activities.

13. VOLUNTARY EXECUTION
I acknowledge that I have carefully read this Agreement in its entirety and fully understand its contents. I understand that by signing this Agreement, I am giving up substantial legal rights, including the right to bring certain legal claims against the Released Parties arising from ordinary negligence, to the fullest extent permitted by law.

I acknowledge that I have had the opportunity to ask questions, seek clarification, and consult with legal counsel before signing this Agreement.

I sign this Agreement freely, voluntarily, and without coercion.

By signing this form, I have had the opportunity to ask questions and those were answered to my satisfaction. I understand all the terms, my rights, as well as my obligations herein. I voluntarily give my consent and I declare that I was not induced or coerced into signing this form.