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ATHLETE OR ATHLETE'S PARENT OR GUARDIAN WHERE APPLICABLE, IS AWARE AND UNDERSTANDS THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. ATHLETE ACKNOWLEDGES THAT ANY INJURIES SUSTAINED MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE SPORTS ACADEMY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS. NOTWITHSTANDING THE RISK, ATHLETE ACKNOWLEDGES THAT ATHLETE IS VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM ATHLETE’S PARTICIPATION IN THE ACTIVITY, INCLUDING THE RISK OF CONTRACTING OR BEING EXPOSED TO COVID-19, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE GYM OR OTHERWISE.
ATHLETE, and ATHLETE’S Parent or Guardian as applicable, hereby expressly waives and releases any and all claims, now known or hereafter known, against the Sports Academy, and its officers, directors, managers, employees, employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to Member’s participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. Member covenants not to make or bring any such claim against the Sports Academy or any other Releasee, and forever release and discharge the Sports Academy and all other Releasees from liability under such claims.
ATHLETE, and ATHLETE’S Parent or Guardian as applicable, hereby consents to receive medical treatment deemed necessary if athlete is injured or requires medical attention during my participation in the Activity. Athlete understands and agrees that Athlete is solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. Athlete hereby releases, forever discharges, and holds harmless the Sports Academy from any claim based on such treatment or other medical services.
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Media Release. ATHLETE, and ATHLETE’S Parent or Guardian as applicable, understands that Athlete may be photographed, filmed, or videotaped (the “Recording”) in the course of training with the Gym for commercial, security, training, or marketing purposes.
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13.Indemnification. Athlete, Parent or Guardian, as applicable, shall defend, indemnify, and hold harmless the Gym and all other Releases against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the cost of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers incurred against the Sports Academy or any other Releasees arising out of or resulting from any claim of a third party related to Member’s participation in training at or other activities with the Gym, including any claim related to Member’s own negligence or the ordinary negligence of the Gym.
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17.Severability. No invalidity, illegality, or unenforceability of any provision herein in any jurisdiction, shall affect any other term or provision of this Agreement or invalidate or render such provision unenforceable in any other jurisdiction. If any provision is determined to be invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible.
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Governing Law; Submission to Jurisdiction. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of laws provision or rule that would cause the application of laws of any other jurisdiction. Any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the state or federal courts in Denver, Colorado, and each party irrevocably: (a) submits to the exclusive jurisdiction of such courts; (b) waives any objection to such courts based on venue or inconvenience; and (c) waives any right to trial by jury.
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Electronic Signature. The parties hereto agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
¨ BY CHECKING THIS BOX AND OR TYPING MY FULL LEGAL NAME, DATE OF BIRTH, AND ADDRESS, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE SPORTS ACADEMY. I ACKNOWLEDGE THAT I THE ATHLETE AM ATLEAST 18 YEARS OLD OR THAT i AM THE PARENT OR GUARDIAN OF THE ATHLETE SIGNING THE WAIVER IF THE ATHLETE IS A MINOR.
