LEVEL UP ATHLETICS

a 501(c)(3) non-profit LLC

CONSENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND WAIVER

READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS AND, IF THE PARTICIPANT IS A MINOR, THE LEGAL RIGHTS OF THE MINOR PARTICIPANT.

1. Parties and Capacity

This Agreement is entered into with Level Up Athletics, a 501(c)(3) non-profit LLC (“the Company”), organized in the United States.

This form may be signed (a) by a participant who is 18 years of age or older, on his or her own behalf, or (b) by a parent or legal guardian on behalf of a participant under 18 years of age. A parent or legal guardian signature is sufficient for any Participant under 18; a separate minor assent is not required. Throughout this Agreement, “I,” “me,” and “Signer” mean the adult participant or the parent/guardian, as applicable. “Participant” means the athlete named below.

2. Description of Activities

The Company offers athletic training and performance-testing programs in Ohio, Pennsylvania, and/or West Virginia (collectively, the “Activities”). The Activities include, but are not limited to:

• strength and conditioning; speed and agility drills; sport-specific skill development; plyometrics; weight training; cardiovascular exercise; use of fitness equipment; group drills; athletic performance testing, including maximal-effort or near-maximal strength, speed, power, and conditioning tests (for example, trap-bar deadlift three-repetition maximum, hang power clean one-repetition maximum where technique-gated and age-appropriate, bench-press repetitions at prescribed loads, all-out sprints, 300-yard shuttle, Yo-Yo intermittent recovery test, and repeated-sprint tests); movement screening; and related activities.

These Activities may occur indoors or outdoors, at Company facilities, rented facilities, parks, fields, or other locations in Ohio, Pennsylvania, or West Virginia.

Safety practices for performance testing include a movement screen before maximal testing; any movement-screen score of zero stops further testing of the affected pattern; a technique check and the presence of a spotter before maximal lifts; and the authority of coaches to stop any test for safety.

3. Acknowledgment and Understanding of Risks

I understand and acknowledge that participation in the Activities involves inherent and significant risks of serious injury, including but not limited to:

• sprains, strains, fractures, dislocations, concussions, traumatic brain injuries, spinal injuries, paralysis, or death;
• heat-related illnesses, dehydration, overexertion, or cardiovascular events;
• injuries associated with maximal or near-maximal strength, speed, power, and conditioning tests, including acute musculoskeletal injury, failed lifts, and cardiovascular strain;
• collisions with other participants, equipment, or fixed objects;
• slips, trips, falls, or contact with playing or training surfaces;
• equipment failure or improper use of equipment;
• exposure to infectious diseases (including but not limited to COVID-19 or other viruses or bacteria);
• injuries resulting from instruction, coaching, spotting, or supervision (or lack thereof);
• transportation to or from activities, if provided; and
• other risks inherent to physical athletic training and performance testing that cannot be eliminated even with reasonable care and supervision.

I understand these risks may arise from the actions, inactions, or negligence of the Participant, other participants, coaches, staff, or third parties, and that no amount of care can eliminate all risks.

4. Assumption of Risk

On behalf of myself, my spouse or partner (if applicable), the Participant, and our respective heirs, assigns, personal representatives, and next of kin, I voluntarily assume all risks associated with the Participant’s involvement in the Activities, whether known or unknown, anticipated or unanticipated, including those arising from the ordinary negligence of the Company or its Released Parties (defined below).

5. Release, Waiver of Liability, and Covenant Not to Sue

In consideration of the Participant being permitted to participate in the Activities and to use related facilities and equipment, I, on behalf of myself, the Participant, and our heirs, assigns, personal representatives, and next of kin, hereby:

• RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Company, its owners, members, managers, officers, directors, employees, coaches, trainers, volunteers, agents, contractors, affiliates, successors, assigns, partner organizations, and any facility owners or lessors where Activities occur (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, causes of action, damages, costs, expenses (including attorneys’ fees), or judgments arising out of or related to any injury, illness, disability, death, loss, or damage to person or property sustained by the Participant or me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, to the fullest extent permitted by applicable law in Ohio, Pennsylvania, or West Virginia.
• Agree to indemnify, defend, and hold harmless the Released Parties from any claims, liabilities, or expenses (including attorneys’ fees) brought by or on behalf of the Participant, me, or any third party arising from the Participant’s participation in the Activities.

Note on minors. I understand that the enforceability of this release as to a minor Participant may vary by state (for example, potentially enforceable in Ohio under certain conditions, generally not binding on the minor in Pennsylvania, and subject to public-policy review in West Virginia). This release is intended to be as broad as legally permissible.

6. Medical Consent and Authorization

I represent that the Participant is in good health and has no condition that prevents safe participation, except as disclosed on this form. In case of injury or illness, I authorize the Released Parties to obtain emergency medical treatment for the Participant, including transportation to a facility, and I agree to be financially responsible for such treatment.

7. Consents — Research, Team-Coach Sharing, and AI-Assisted Reports

By signing this Agreement, I agree to the team-coach sharing described in section 7.2, which is part of participation. Research (section 7.1) and AI-assisted reports (section 7.3) are optional and each has its own checkbox; declining either does not prevent the Participant from training or testing.

7.1 Research

The Company studies how training attendance and effort relate to improvement in test results. If I check the box below, I authorize the Company to include the Participant’s test results and attendance in this research after removing name, contact details, and any other information that identifies the Participant. Findings may be shared in reports or presentations, but never in a way that identifies any athlete. Only data collected under this Agreement will be used for research. A parent or legal guardian signature is sufficient for a Participant under 18. Formal university or institutional-review-board review is not required for this use. I may request that future data not be included by emailing coaches@lvlupathletics.org; results already included in completed analyses cannot be removed.

7.2 Sharing with a team coach

I authorize the Company to share the Participant’s test results and progress reports with the coach of the team named below. Naming one team on this form is sufficient; separate approval is not required for later shares with that same team’s coach. The Company will not share contact details or medical information under this section. If the Participant does not currently have a team, write “None at this time.” I may name or change a team later by emailing coaches@lvlupathletics.org.

7.3 AI-assisted reports

To draft the written portion of the Participant’s progress report, the Company sends the Participant’s test scores, age group, and first name to a third-party artificial-intelligence service (Anthropic’s Claude). The Company does not send contact details or medical information to that service. A Company coach reviews and edits every report before it is sent. Data sent for this purpose is not sold and is not used for advertising. If I check the box below, I authorize that use. If I do not, a Company coach will write the Participant’s report without the artificial-intelligence service.

8. Photo and Video Release (Optional)

The following release is optional. Declining it does not prevent the Participant from training or testing. Coaches will be instructed not to use images of a Participant who declines this release in public materials.

If I check the box below, the Company may photograph, video, or otherwise record the Participant during Activities and may use such media for promotional, marketing, or educational purposes without compensation. The Company will not publish the full name of a minor Participant alongside an identifiable image unless I separately authorize that use in writing.

9. Data and Privacy Notice

This section is the Company’s privacy notice for information collected on this form. The Company does not presently maintain a separate public privacy-policy webpage. The practices described here govern collection, use, storage, and deletion.

The Company collects name, date of birth, sex, contact details, emergency-contact information, medical conditions or allergies as you provide them, parent or guardian name (if applicable), team or coach name (if provided), test results (times, distances, repetitions, and movement-screen scores), the Signer typed name, submission date, submission identifier, and the Internet Protocol (IP) address associated with the electronic submission.

Records are stored in Airtable (athlete database), Google Workspace and Google Cloud / Firebase (email and coach application), and Jotform (this form). Access is limited to approved Company coaches signed in with a Company Google account. No public page displays athlete names or individual results. No athlete’s data appears in another athlete’s report.

Retention. The Company retains Participant records for up to ten (10) years from the later of the last date of participation or the date of this Agreement, unless a longer period is required by law, insurance, or an unresolved claim. De-identified research data may be retained in completed analyses after that period.

Requests. To request a copy of the Participant’s records, or to request deletion, email coaches@lvlupathletics.org. The Company will honor deletion requests except where a record must be retained for legal, safety, insurance, or accounting purposes, or where data has already been irreversibly de-identified and included in a completed analysis.

10. Electronic Signature and Re-Consent

The Signer’s electronic signature consists of (a) the typed full legal name, (b) the liability-waiver checkbox, (c) the date of submission, and (d) the IP address and unique submission identifier captured by the form system. By signing, I intend to authenticate this Agreement and agree that it satisfies applicable electronic-signature law, including the federal E-SIGN Act and the Uniform Electronic Transactions Act as adopted in Ohio, Pennsylvania, and West Virginia.

This Agreement remains in effect until the Company issues a revised version. Families must re-sign only when the form changes. By signing a later version, the Signer replaces any earlier version for that Participant. A Participant may not train or test until a current signed Agreement is on file.

11. Governing Law, Venue, and Severability

This Agreement shall be governed by and construed in accordance with the laws of the State of West Virginia, without regard to its conflict-of-laws principles, except to the extent that mandatory laws of Ohio or Pennsylvania (where the Activities occur or the Participant resides) require otherwise. Any disputes arising from this Agreement or the Activities shall be resolved exclusively in the state or federal courts located in Hancock County, West Virginia (or the appropriate county if Activities occur elsewhere), to the extent permitted by law. If any provision is found invalid or unenforceable in a particular jurisdiction, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be reformed to the extent necessary to make it enforceable under applicable law.

12. Acknowledgment and Signature

I HAVE READ THIS AGREEMENT CAREFULLY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS (INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, TO THE EXTENT PERMITTED BY LAW), AND THAT BY SIGNING I ALSO AGREE TO THE TEAM-COACH SHARING IN SECTION 7.2. I SIGN FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

The form system will also record the date, the IP address, and a unique submission identifier with this signature.

Upon submission you will receive an email containing your Level Up ID.