WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY
AGREEMENT
In consideration of me (the “Participant” or “I”) being permitted to
participate in any way in the LIFECORE FITNESS sponsored
activities in connection with the Assault Fitness product competition (the
“Activity”), I agree:
1. I understand the nature of the LIFECORE FITNESS
activities and my capabilities and physical condition and I believe I am
capable and in sufficient physical condition to participate in such
Activity. I further acknowledge that I am aware 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. I
understand that I am responsible for consulting a physician before
beginning an exercise program and warming up before the Activity.
2. I FULLY UNDERSTAND that: (a) LIFECORE FITNESS
Activities involve risks and dangers of
SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, BLINDNESS,
PARALYSIS AND/OR DEATH
(“Risks”); (b) these Risks and dangers may be caused by my own actions, or
inaction’s, the actions or inaction’s of others participating in the
Activity, the condition 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 INDEMNIFY
AND SAVE AND HOLD HARMLESS LIFECORE FITNESS, their
respective administrators, directors, agents, officers, volunteers, and
employees, other participants, any sponsors, advertisers, and if
applicable, owners and lessor of premises on which the Activity takes place
(each considered one of the “Releasees” herein) from all liability, claims,
demands, losses, or damages on the minor’s 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, the minor, or anyone on the Minor’s 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. The undersigned has read and fully understands the language of
Section 1542 of the Civil Code of the State of California:
" A general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing the
release which if known by him must have materially affected his
settlement with the debtor."
Having been so appraised, the undersigned elects to and does assume all
risk for claims, known or unknown, heretofore or hereafter arising from the subject of this release, and specifically waives any rights he may have under Section 1542.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND IT’S TERMS, UNDERSTAND THAT I AND THE MINOR 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 ALLOW 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.
__________________________________
Name of Participant (Please print)
__________________________________
Signature of Participant
__________________________________
Date
×
