Release of Liability (S&C)
This is placeholder text. To change this content, double-click on the element and click Change Content.
IN CONSIDERATION OF the risk of injury that exists while participating in MOVEMENT COACHING, STRENGTH AND CONDITIONING (hereinafter the “Activity”); and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor”, “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all right, claims, or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge THE MOVEMENT SPECIALISTS, LLC and their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (Collectively “Releasees”), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
I AM VOLUNTATEILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITIY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I ALSO UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELEATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELEATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THE ACTIVITIY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and related costs.
I ACKNOWLEDGE that while Activity may be provided by a licensed physical therapist and The Movement Specialists, LLC services rendered DO NOT include physical rehabilitation, medical diagnosis, therapeutic treatment, or hands-on manual therapy techniques.
I FURTHER ACKNOWLEDGE the Releasees are not responsible for errors, omissions, acts or failures to act on any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I shoulder require medical care or treatment, I authorize The Movement Specialists, LLC to provide all medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of The Movement Specialists, LLC and official or coach, regarding my approval to participate in the Activity. I understand that if physical injury of any kind results in the inability to participate fully in Activity and without special modifications, I am to seek outside medical consultation.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE The Movement Specialists, LLC and Fishers Sports Academy AND ALL OF ITS AGGILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEY, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST The Movement Specialists, LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that state or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of The Movement Specialists, LLC, its agent, and employees.
I agree that this Release shall be governed for al purposes by Indiana law, without regard to any conflict of law principles. This Release supersedes any and all previous oral and written promises or other agreements.
In the event that and damage to equipment or facilities occur as a result of my family or my family’s or my agent’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant and The Movements Specialists, LLC agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be servable or invalid, of if any term, condition, or phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effort. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
In the event of an emergency, please contact the following person(s):
Emergency Contact: _________________________________________
Contact Relationship: _________________________________________
Contact Phone #: _________________________________________
I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT AT MY OWN FREE WILL.
Participant’s Name: _________________________________________
Guardian’s Name (if under 18 yrs): _________________________________________
Participant’s/Guardian’s Signature: _______________________________________