RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
I have voluntarily enrolled in a sports training and / or fitness program offered by LFAK2, LLC DBA Play2Health (herein known as Play2Health), I recognize that the program may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities.
I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in this exercise program. I have been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed. If I have chosen not to obtain a physician’s consent prior to beginning this fitness program, I hereby agree that I am doing so solely at my own risk. I understand that it is my sole responsibility to participate in exercises that are appropriate for the current status of my health. If I have any questions or concerns about whether or not a particular activity is appropriate to my current health status, I understand it is my responsibility to ask my doctor if this activity is appropriate before I participate in such activity.
I understand that this program is not medically supervised, and exercise activities and activities are led by Play2Health staff, officers, owners, independent fitness instructors or other program participants. I agree not to hold Play2Health and its owners, directors, officers, employees, agents, volunteers, independent fitness instructors, partners, participants, and all other persons or entities acting for them responsible for the actions or omissions of the staff, officers, independent instructors or other program participants.
I understand that the Play2Health may, in its sole discretion and at any time, revoke my enrollment in any of its offered programs.
I understand that any exercise or fitness activity involves a risk of injury, as well as abnormal changes in blood pressure, fainting, and a remote risk of heart attack, stroke, other serious disability or death. I am accepting such risks and volunteering to participate with full understanding of the dangers involved. In consideration of my participation in this program, I, hereby waive and release Play2Health and LFAK2, LLC and its owners, directors, officers employees, agents, volunteers, participants, and all other persons or entities acting for them and its successors and assigns (hereinafter collectively referred to as “Releasees”), from any and all claims, costs, liability and expense for any injury, loss or damage whether known, anticipated or unanticipated arising from my voluntary participation and enrollment.
I hereby agree to release and discharge from liability arising from negligence Play2Health and LFAK2, LLC and its owners, directors, officers employees, agents, volunteers, participants, and all other persons or entities acting for them, on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
- I acknowledge that sports training, health or fitness training activities involve known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, musculoskeletal injuries, broken bones, and/or overuse injuries, injuries caused by equipment that breaks or otherwise fails; death as a result of drowning or brain damage caused by near drowning; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment and knowledge, without jeopardizing the essential qualities of the activity.
- I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition, which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
- In the event that I file a lawsuit, I agree to do so solely in the city and state where Releasees’ corporate office is located, and I further agree that the substantive law of that state shall apply.
- I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
- I certify that I am over 18 years of age and otherwise legally capable of giving consent. If under the age of 18 years of age, then I certify that I am the parent or legal guardian of the minor enrolling for training, health or fitness training and allow my child to participate in the training activities that Play2Health and LFAK2, LLC offers.
I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS FORM IN ITS ENTIRETY AND FULLY UNDERSTAND IT. I UNDERSTAND THAT IT CONTAINS A RELEASE OF LIABILITY. BY ELECTRONICALLY ENROLLING AND OFFERING PAYMENT FOR PLAY2HEALTH AND LFAK2, LLC STREAMING OFFERINGS, I AM WAIVING CERTAIN RIGHTS I OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM PLAY2HEALTH AND LFAK2, LLC AND ITS OWNERS, DIRECTORS, OFFICERS EMPLOYEES, AGENTS, VOLUNTEERS, PARTICIPANTS, PARTNERS, SUBSIDIARIES AND ALL OTHER PERSONS OR ENTITIES ACTING FOR AND WITH THEM
By full name and payment information in the Electronic Signature field and clicking on the “Submit Form” button I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms.
By entering my full name and payment information in the Electronic Signature field and clicking on the “Submit Form” button, I acknowledge that I have completed this form freely and voluntarily, and not under duress or a misrepresentation of facts and agree to all terms and conditions voluntarily and without force or coercion.