READ THIS UNCONDITIONAL AND FULL GENERAL RELEASE OF LIABILITY PERTAINING TO ATHLETIC MOVEMENT AND PEFORMANCE DYNAMICS LLC (HEREINAFTER “AMPD”) AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE SIGNING. THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING A FUTURE LAWSUIT.
I understand and acknowledge that I am legally agreeing to the statements in the following paragraphs of this Agreement by affixing my signature below and that these statements are being accepted by AMPD in consideration for allowing me to participate and are being relied upon by various organizers and administrators in permitting me to participate in workout and/or sport performance training regimen taking place at AMPD. In consideration for allowing me to participate in training and workouts, I hereby take the following actions for myself, my executors, administrators, heirs, next of kin and successors and assigns, and anyone else who might claim or sue on my behalf and I expressly acknowledge that it is my intent to take these following actions:
1. Training and workout Conduct. I AGREE to abide by workout and training guidelines and rules. I AGREE that prior to participating in any workout or training session, I will inspect the facilities, equipment, and areas to be used, and if I believe or become aware that any are unsafe, I will immediately advise the nearest official. If I observe any unusual significant hazard during my participation, I will remove myself from participation and bring such to the attention of the nearest official immediately. I understand and acknowledge that AMPD Staff reserves the right to remove or dismiss any participant for misconduct without refund. “Misconduct” shall include any action or inaction that, in the sole discretion of AMPD Staff is violent, abusive, unnecessarily rough, aggressive, or otherwise unbecoming of a training session or workout.
2. Assumption of Risk. I ACKNOWLEDGE that workouts and training sessions are extreme tests of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property damage. I ACKNOWLEDGE AND AGREE that it is my personal responsibility to determine whether I am sufficiently fit and healthy enough to safely participate in the workout session, and I attest and certify that I am or will be sufficiently fit and physically trained to participate in the training session for which I elect to enter. I have no physical or medical condition which would endanger myself or others if I participate in the workout session, or would interfere with my ability to safely participate in the workout session. I accept responsibility for the condition and adequacy of my competition equipment and my conduct in connection with the workout session. I understand that AMPD does not provide medical insurance coverage for activity participants and that an applicable medical insurance must be provided individually by such participants. On behalf of myself, my executors, administrators, heirs, successors, and assigns, and anyone else who might sue on my behalf, I HEREBY WAIVE, RELEASE, and FOREVER DISCHARGE AMPD, all sponsors, producers, workout staff, administrators, officials, contractors, vendors, and organizers (including directors), volunteers, all other persons or entities involved with the workout sessions, states, cities, towns and other governmental bodies and locations in which workout session or portion of the workout session takes place, and the officers, directors, employees, agents, insurers, and other participants and representatives of all of the above (collectively, the “Released Parties”), from any and all claims, causes of action, damages, losses (economic and non-economic), and liabilities of every kind (collectively “Claims”), for death, personal injury, or property damage, which may arise out of, result from, or relate to my participation in, or my traveling to or from, including but not limited to any Claims for theft, damage to any equipment, negligence, partial or permanent disability, Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions (at the workout training site or elsewhere), and any Claims for medical or hospital expenses.
3. Indemnification and Hold Harmless. I ACKNOWLEDGE that there may be other people at the workout location. I also ASSUME ANY AND ALL RISKS associated with participating in the workout including but not limited to falls, contact with other participants, effects of weather including heat, cold, and/or humidity, defective equipment, the condition of the roads, water hazards, and any hazard that may be posed by spectators or volunteers, all such risks being known and appreciated by me and I further acknowledge that these risks include those that may be the result of the negligence of Released Parties or of other persons or entities. I FURTHER COVENANT and AGREE NOT TO SUE any of the Released Parties for any of the Claims that I have waived, released or discharged herein. I AGREE TO INDEMNIFY and HOLD HARMLESS the Released Parties from any and all expenses incurred, Claims made, or liabilities assessed against them, including but not limited to attorney’s fees and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, my breach or failure to abide by any part of this Agreement, my breach or failure to abide by any of the workout rules, and my actions or inactions which cause injury or damage to any other person.
4. Minors; Incapacitated and/or mentally Challenged Person. The parent or legal guardian who signs the Agreement on behalf of a minor, incapacitated and/or mentally challenged person (hereinafter “Said Person”), hereby ACKNOWLEDGES that he or she has the legal capacity and authority to act on behalf of Said Person to legally bind Said Person to the Agreement. The parent of legal guardian who signs the Agreement AGREES to indemnify and hold harmless the Released Parties for any expenses incurred, Claims made, or liabilities assessed against them, as a result of any insufficiency of legal capacity or authority to act on behalf of Said Person in the execution of the Agreement.
5. Use of Name and Likeness. I hereby grant AMPD and its successors and/or assigns the absolute right and permission to use my likeness, video, photograph, biography, testimonial, and/or voice, either alone or accompanied by other material, in any manner and in any media throughout the World at any time for the purpose of advertising, marketing, and publicizing AMPD’s products or services and for any other lawful purpose subject to the following terms and conditions: (a) any pictures of voice recordings taken of me at the Event will be the property of AMPD; (b) I waive all rights to inspect and approve the finished product, its use, or such written or spoken copy as may be used in connection therewith; and (c) I will not hold AMPD responsible for any liability resulting from the use of my name, likeness, or photograph(s), including what may be misrepresentation of me, my character, or my person due to distortion of faulty reproduction in the finished product.
6. Severability. I hereby understand and expressly agree that the foregoing waivers, assumption of risk, and indemnification and hold harmless provisions of this Agreement are intended to be as broad and inclusive as is permitted by the laws of the State of Florida. If any provision(s) of this Agreement is found to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, then such provision(s) shall be revised by said court so as to effectuate the intentions of said provision(s) and the remainder of this Agreement shall remain in full legal force and effect. If any provision of this Agreement is held to be unenforceable, the maximum claim that may be brought against AMPD is 1,000.00. This Agreement does not avoid and replace any other waivers of liability entered into and between AMPD and the undersigned.
7. Governing Law; Jurisdiction; Venue; Mediation; Fees. This Agreement shall be governed by and construed according to the laws of the state of Florida. In any action arising out of or related to this Agreement, the exclusive jurisdiction shall be the appropriate court(s) of Lake County, Florida. Notwithstanding the foregoing, to facilitate the resolution of any dispute arising out of or related to the workout and me, I hereby agree that no less than thirty (30) days before commending any legal proceeding against AMPD, the dispute will first be submitted to mediation in Lake County, Florida. If any legal action arising out of or related to this Agreement in which AMPD or its Staff is/are the prevailing party(ies), I hereby agree to reimburse AMPD and/or its Staff for all reasonable attorney’s fees and court costs incurred by AMPD or its Staff in bringing and/or defending the action.
I HAVE READ THIS UNCONDITIONAL AND FULL GENERAL RELEASE OF LIABILITY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARY WITHOUT ANY INDUCEMENT.
I ACKNOWLEDGE and AGREE that in the case of injury or medical emergency and in the workout, the participant, or their parent or guardian, cannot respond at the time of the emergency, AMPD has the permission to seek, administer, or have administered whatever first aid or emergency care deemed necessary for participant’s welfare and it is understood that participant, and not AMPD, shall be responsible for any and all charges for such healthcare services regardless of whether participant’s medical insurance would cover such charges.
