ATHLETICS & BEYOND, INC.
INFORMED CONSENT, RELEASE AND WAIVER OF LIABILITY AGREEMENT (“Release and Waiver”)
In consideration of the participant (“Participant” or “I”) having the opportunity to participate in an Athletics & Beyond (“Athletics & Beyond”) activity, camp, workshop, program, class, game or clinic (“Activity”), the Participant (or, if Participant is not 18 years of age, Participant’s parent or legal guardian) hereby freely, voluntarily, and without duress executes this Release and Waiver on behalf of Participant and his/her family members, executors, administrators, heirs, and assigns. By clicking “I accept” to this Release and Waiver on Participant’s online registration form, I indicate and represent that:
I understand and acknowledge that even with the best coaching and training, use of the most advanced safety equipment, and strict observance of the rules, injuries may and do often occur as a result of participation in the Activity. On rare occasions, injuries from the Activity may be so severe as to result in total disability, paralysis, quadriplegia, or even death. I further recognize and understand that participation in the Activity may involve certain inherently dangerous activities. I further acknowledge that I have read and understand this express warning. I hereby expressly and specifically assume the risk of injury or harm associated with participation in the Activity. With the full understanding and awareness of the facts, I hereby state that, to the best of my knowledge, I have no medical, physical, mental or emotional health condition that would hinder or prevent my participation in the Activity.
I hereby release Athletics & Beyond, and its affiliates, subsidiaries, parent entities, and each of their respective officers, directors, representative, agents, volunteers, and employees (collectively, the “Athletics & Beyond Releases”), from any liability, claims, injury, demands, or damage, including any bodily injury, illness, death, or property damage, of whatever kind or nature, either in law or in equity, which may befall Participant, whether foreseen or unseen, known or unknown, or accrued or unaccrued, while Participant is participating in said Activity, including transportation to or from said Activity provided by or on behalf of Athletics & Beyond, or its agents, volunteers, and/or employees, whether or not caused by the negligence of Athletics & Beyond or its directors, officers, employees, volunteers, agents, or otherwise.
I hereby release Athletics & Beyond Releases from any liability, claims, injury, demands, or damage whatsoever that may arise on account of any first aid, treatment, or service rendered to me in connection with my participation in the Activity.
I understand that Athletics & Beyond does not carry or maintain health, medical, or disability insurance coverage for any Participant. I understand that I am expected and encouraged to obtain my own medical or health insurance coverage.
I hereby grant and convey unto Athletics & Beyond all right, title and interest in any and all photographic images and video or audio recordings and all intellectual property rights related thereto or resulting there from made by or on behalf of Athletics & Beyond or made with its consent, during my participation in the Activity, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs, recordings, or intellectual property rights.
I agree to indemnify and hold Athletics & Beyond Releases harmless from any claim by me or my family members, executors, administrators, heirs, and assigns arising out of Participant’s participation in the Activity.
I expressly acknowledge and agree that the foregoing Release and Waiver is intended to be as broad and inclusive as is permitted by the law of the of the state(s) where I will engage in the Activity, whether such state is Colorado, Arizona, or any other state or jurisdiction, and that if any portion of this Release and Waiver is held invalid, I acknowledge and agree that the balance shall, notwithstanding, continue in full legal force and effect.
I have read the contents of this Release and Waiver of liability and informed consent agreement and I fully understand and agree to its contents.