In consideration for being allowed to participate in SportRx activities (the “Activity”) sponsored by Sport Rx Inc. a California corporation, the sponsoring organization (hereinafter the “SportRx”) the Undersigned does hereby agree to this express waiver of liability against the Entity, and makes the release and Indemnity Agreement with SportRx set forth below.
The Undersigned, for themselves, and their personal representatives, assigns, heirs, and next of kin, and each and every one of them:
• Is fully aware of the risks and hazard inherent in engaging or participating in the Activity, including, but not limited to, the possibility of injury, paralysis or death, and voluntarily assumes all risks of loss, damage, injury or death that may be sustained in engaging or participating in the Activity. I CERTIFY that I am physically fit, have sufficiently prepared or trained for participation in this activity, and have not been advised to not participate by a qualified medical professional. I CERTIFY that there are no health-related reasons or problems which preclude my participation in this activity.
• Hereby voluntarily releases, discharges, waives and relinquishes any and all claims, actions, or causes of action for personal injury, property damage, or death each may have against SportRx, its directors, officers, members, affiliated, subsidiaries, agents, attorneys, employees, representatives, successors, heirs, licensees, assigns and all persons acting in concert and participating with it (hereinafter collectively referred to as “Released Party”) occurring or arising as a result of the Undersigned’s participation in the Activity, and any instruction or supervision related to said Activity, save and except only those claims due to SportRx’s fraud or willful injury to persons or property, or violation of law, whether willful or negligent.
• Hereby covenants that this Agreement shall apply to all unknown and unanticipated claims, injuries, causes of action and damages, as well as any known claims, and waives the provisions of Section 1542 of the California Civil Code, (and the similar provisions in any other state of the United States or the Common Law,) which provides that: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
• Hereby agrees to indemnify, defend, save and hold harmless the Released Party from any loss, liability, damage, cost or attorneys’ fees it may incur due to any action of the Undersigned occurring from or arising in connection with their participation in the Activity.
• Hereby agrees that if any part of this Agreement for any reason is held by a Court or Arbitration Panel of competent jurisdiction to be invalid, void or unenforceable, such decision shall not affect the validity of any remaining portion, which remaining portion shall remain in full force and effect as if this Agreement had been executed with the invalid portion thereof eliminated.
• Hereby agrees that any dispute or claim hereunder shall be resolved exclusively by arbitration under the current Commercial rules of the American Arbitration Association in San Diego County, California; the undersigned waives and any all rights to a jury trial in connection with any dispute or matter arising here under.
The Undersigned hereby warrants that the foregoing statements are true and correct and that the Undersigned understands that SportRx will have relied upon such warranties in entering into this Agreement, and making the Activity and premises available for use by the Undersigned.
No oral representations, statements, or inducements have been made by or between the parties to this Agreement with respect to the subject matter of this agreement, apart from the matters set forth within this Agreement.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS AN EXPRESS WAIVER OF LIABILITY AND A RELEASE AND INDEMNITY AGREEMENT BETWEEN MYSELF AND SPORTRX, AND AGREE TO IT WITH MY OWN FREE WILL. I ALSO AGREE TO THE RELEASE OF MY PHOTO, IMAGE, OR REPRESENTATION OF THE SAME OR ON VIDEO TO BE USED BY SPORTRX AT THEIR DISCRETION IN PRINT OR ON THE INTERNET.
