Women's
Fitness Bootcamp Waiver of Liability
In
consideration of me being allowed to participate in the Women's Fitness
Bootcamp (“Activity”), I agree:
1.
I understand dangers may be caused by my own actions, or
inaction’s, the actions or inaction’s of others
participating in the Activity, and the condition. I understand the
nature of Women's Fitness Bootcamp Activities held by Next Level
Performance LLC and acknowledge my experience and capabilities and
believe I am qualified to participate in such Activity. I further
acknowledge that I am aware that the activity will be conducted in
facilities open to the public during the Activity. I further agree and
warrant that if, at any time, I believe conditions to be unsafe, I will
immediately discontinue further participation in the Activity.
2. I FULLY UNDERSTAND that: (a) Women's Fitness Bootcamp Activities
held by Next Level Performance LLC involve risks and dangers of SERIOUS
BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH
(“Risks”); (b) these Risks in which the Activity
takes
place or THE NEGLIGENCE OF THE “RELEASEES” NAMED
BELOW; (C)
there may be other risks and social and economic losses either not
known to me or not readily foreseeable at this time; and I FULLY ACCEPT
AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND
DAMAGES incurred as a result of my participation in the Activity.
3. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO HOLD
HARMLESS Next Level Performance LLC, their respective administrators,
directors, agents, officers, volunteers, and employees, other
participants, any sponsors, advertisers, and if applicable, owners and
lessors of premises on which the Activity takes place (each considered
one of the “Releasees” herein) from all liability,
claims,
demands, losses, or damages on account caused or alleged to be caused
in whole or in part by the negligence of the
“Releasees” or
otherwise, including negligent rescue operations and further agree that
if, despite this release, I, or anyone on my behalf makes a claim
against any of the Releasees named above, I WILL INDEMNIFY, SAVE AND
HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES,
ATTORNEY FEES, LOSS LIABILITY, DAMAGE OR COST ANY MAY INCUR AS THE
RESULT OF ANY SUCH CLAIM.
4. I ACKNOWLEDGE that by signing this release I give Next Level
Performance LLC full permission to use images or video I may appear in
by participating in this event in things such as promotional items,
advertisements, and commercial product royalty-free. I further
acknowledge that copies of such items do not need to be approved by me,
and that I am not entitled to any compensation for the use of my image
or likeliness in said items. I surrender my rights to royalties or
compensation for the sale of any products or items bearing these images
produced or associated with Next Level Performance or any person or
entity related, expressed or implied to Next Level Performance LLC.
I HAVE READ THIS AGREEMENT, FULLY
UNDERSTAND IT’S TERMS,
UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND
HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY
NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL
LIABILITY TO THE GREATEST EXTENT ALLOWED BY THE LAW AND AGREE THAT IF
ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THAT THE BALANCE,
NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
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