Assumption of Risk/Waiver and Release of Liability
Acknowledgement of Purchase.
I, “Parent” or “Guardian”, on behalf of “Athlete”, hereby affirm that, through the purchase of training sessions, have agreed to have Athlete participate voluntarily in a program of physical exercise, including, but not limited to, performance and strength training, flexibility development, and aerobic exercise (“Activities”), under the guidance of KENNETH PATTON and PATTON SPORTS PERFORMANCE LLC, its members, authorized agents, employees, and contractors (“Trainer”). By enrolling Athlete in these training sessions I certify that I am cognizant of all of the inherent dangers of the Activities, and the basic safety rules for the Activities connected herewith. I further state that I am of lawful age and legally competent to sign this Assumption of Risk, Waiver and Release of Liability; that I understand that the terms herein are contractual and not a mere recital; and that I have signed this document as my own free act.
Acknowledgement of Health.
I declare that Athlete is physically and mentally sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent his/her participation in training sessions. I acknowledge I have been informed of the need for a physician’s approval for Athlete’s participation in an exercise/fitness activity or in the use of Equipment. I recognize it is my sole responsibility to obtain an examination by a physician prior to Athlete’s involvement in any exercise program. I acknowledge Athlete has either had a physical examination and been given his/her physician’s permission to participate, or if | have chosen not to obtain a physician’s permission for Athlete prior to beginning this exercise program with Trainer, I acknowledge I am doing so at my own risk. In case of medical emergency, I grant permission for Athlete to receive emergency medical treatment and understand that I am responsible for expenses associated with such treatment.
Trainer will provide some equipment to be used in connection with workouts, including, but not limited to, agility ladders, resistance bands, rings, sleds and similar items (“Equipment”). I acknowledge that although Trainer takes precautions to maintain the Equipment provided by Trainer, Equipment may malfunction and/or cause Injuries and Changes (as defined below) and that I take sole responsibility to inspect Equipment.
Assumption of Risk.
I understand and am aware that Activities, including the use of Equipment, are potentially hazardous activities. I acknowledge the possibility that injuries and physical and mental changes (“Injuries and Changes”) arising during and/or resulting from engaging in Activities does exist. Injuries and Changes include, but are not limited to, abnormal blood pressure, fainting, disorders in heartbeat, heart attack, and, in some instances, death. I understand Injuries and Changes could result in Athlete becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life.
I am voluntarily permitting Athlete to participate in Activities and using Equipment with knowledge of the dangers involved. I understand and take sole responsibility for any and all Injuries and Changes that may occur to Athlete related to any and all Activities associated with Trainer’s instruction, even if not specifically set forth in this document, whether or not they fall within the scope of reasonably foreseeable injuries related to such Activities, and whether or not undertaken in Trainer’s presence. Although Trainer will take precautions to ensure Athlete’s safety, I expressly assume and accept sole responsibility for Athlete’s safety and for any and all Injuries and Changes that may occur.
Waiver and Release of Liability.
In consideration of Trainer’s agreement to instruct, assist, and train Athlete, I hereby agree to hold harmless Trainer, the Training Facility owners, the State of Hawaii, and their employees, agents, representative and volunteers (“Released Parties”) from any and all claims, demands, damages, rights of action or causes of action of any type, present or future, arising out of or connected to Athlete’s participation in any and all Activities, use of Equipment, or any and all acts or omissions, including negligence by Trainer. This waiver and release of liability includes, but is not limited to, (a) Injuries and Changes to Athlete and/or myself that may occur as a result of (i) Equipment that may malfunction or break; (ii) any and all defects, latent or apparent, in the design or condition of Equipment; (iii) any and all slips, falls, or dropping of Equipment; (iv) any and all improper maintenance of Equipment or facilities; (v) any hazardous condition that may exist at the training facility, including, but not limited to, the specific workout area; and (vi) Trainer’s negligent instruction or supervision; (b) damage to property, including but not limited to, Equipment and the Training Facility. I also agree to defend and indemnify the Released Parties from any and all claims or lawsuits that I bring or that are brought on my behalf or on behalf of Athlete by anyone relating to the Activities and/or use of the Equipment.
I acknowledge and agree no warranties or representations have been made to me regarding the results Athlete will achieve from this program. I understand results are individual and may vary. As the parent or legal guardian of the Athlete, I acknowledge I have thoroughly read this waiver and release and fully understand it is a waiver and release of liability. I certify that I have the authority to sign on behalf of Athlete and to make decisions for Athlete regarding his/her participation in the Activities and use of the Equipment. By signing below, Lam agreeing to the assumption of risk, waiver and release of liability and indemnity provided herein and, I am waiving any right I or Athlete may have to recover from the Released Parties in a lawsuit for any personal injury, including death, or any property damage that results from Athlete’s participation in the Activities. I understand that I have the right to refuse to sign this agreement, and that Trainer has the right to refuse to let Athlete participate in the Activities if I do not sign this agreement.
I represent and warrant I am signing this agreement freely and willfully and not under fraud or duress. I further represent and warrant no social relationship exists between Trainer and me, or if such a social relationship exists, for purposes of the training sessions, Trainer and I have assumed a strict business relationship, and I understand any social relationship does not render this waiver invalid. These exculpatory clauses are intended to apply to any and all Activities occurring during the training sessions. If any portion of this waiver and release liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this waiver and release liability shall remain in full force and effect and the offending provision or provisions severed here from.