PARTICIPANT: I (The undersigned Participant, regardless of age, or a legal guardian on behalf of the minor Participant) agree to participate in one or more parties, programs, classes, clinics, open gyms, workouts, or events sponsored or held by Legacy Athletics, which may include, but is not limited to, one or more of the following: initial evaluations, speed/agility/motor skills training, cheer classes, tumbling classes, strength and conditioning, dance acrobatics or aerial dance, pole, lyra, events, birthday parties or other parties, and private lessons by any coach, trainer, staff member, subsidiary, or partnership of Legacy Athletics and/or Martha Perez (hereinafter collectively referred to as "Legacy Athletics"). Prior to participating, Legacy Athletics has made me fully aware that the fitness programs/classes offered and in which I desire to participate are extremely strenuous and can/may push me to the limits of my physical abilities. I recognize and understand that the programs/classes and exercises undertaken therein are not without varying degrees of risk, which may include, but are not limited to, the following: muscle soreness, tearing of muscles, minor aches and pains, tiredness, stiff joints and muscles, tearing of muscles, ligaments, muscle tissue, or bone, serious and/or life-threatening injuries to the musculoskeletal and/or cardiorespiratory systems, serious bodily injury, or death. I fully assume any and all risk of personal or bodily injury associated with participating at Legacy Athletics.
STATEMENT OF MEDICAL CONDITION: I realize that Legacy Athletics offers training programs that are extremely demanding, even for very fit individuals, including elite athletes, competitive athletes, and combat-ready troops. Knowing this, I hereby state and certify that I receive periodic medical check-ups at least once a year, that I have had a physical examination from a competent physician within the past 12 months, and that I (or my child/ward, if applicable) have no cardiovascular or other health concerns, problems, or illnesses that might prevent me (or my child/ward) from participating in any of Legacy Athletics’ programs. This includes (but is not limited to) heart problems, lung problems, circulatory issues, diabetes, high blood pressure, low blood pressure, hardening of the arteries, shortness of breath, chest pains, arrhythmia, heart palpitations, arterial dysfunction, circulatory disorders, or any other condition that would reasonably raise concern. I (or my child/ward) have no knowledge of any other medical problems or conditions that might increase the risk of illness or injury as a result of participating in such programs. Legacy Athletics has fully and carefully informed me that I (or my child/ward) may experience adverse physical changes during and/or after exercise, such as joint or muscular aches and/or pains, swelling, abnormal blood pressure, fainting, disorder of heart rhythm, stroke, and in very rare instances, heart attack or even death. I fully understand this information. With this understanding, I agree to assume any and all risks associated with participation in Legacy Athletics programs/classes, for myself and/or my child/ward.
ASSUMPTION OF ALL RISKS: For and in consideration of being allowed to participate, I do hereby intentionally, willingly, and voluntarily assume full responsibility for any and all risks of injury, including serious bodily injury or death, as stated above, to which I (or my child/ward) may be exposed as a result of participation in Legacy Athletics programs, classes, workouts, or events. I accept full and complete responsibility for any injury or death, including expressly any injury or death that results from my own negligence or that of my child/ward.
I fully understand that:
(a) THIS ACTIVITY INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING THE POTENTIAL FOR PERMANENT DISABILITY, PARALYSIS, AND DEATH (Risks);
(b) these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the activity, the conditions in which the activity takes place, and/or the NEGLIGENCE of Legacy Athletics; and
(c) there may be OTHER RISKS and/or SOCIAL AND ECONOMIC LOSSES, either not known to me or not readily foreseeable at this time.
RELEASE: For and in consideration of being allowed to participate, and in recognition of the above-mentioned risks and hazards, I (or my child/ward, if applicable) do hereby intentionally, willingly, and voluntarily release, waive, remise, and discharge Legacy Athletics, its agents, officers, principals, coaches, contract workers, volunteers, and employees, and each of their heirs and assigns, from any and all claims and causes of action, known or unknown, including any liability, claim, demand, action, or right of action arising out of or in connection with my (or my child’s/ward’s) participation in the above-referenced activities.
INDEMNIFICATION: I recognize that there is risk involved in the types of activities offered by Legacy Athletics. Therefore, I accept financial responsibility for any injury that I (or my child/ward, if applicable) may cause either to myself or to any other participant due to my (or my child’s/ward’s) negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Legacy Athletics, their agents, officers, principals, coaches, contract workers, volunteers, and employees, and each of their heirs and assigns, from liability for the injury or death of any person(s) and damage to property that may result from my (or my child’s/ward’s) negligent or intentional act or omission while participating in activities offered by Legacy Athletics.
BINDING UPON HEIRS AND SIGNS; LAWS; VENUE: This release and all other terms and conditions hereof shall be binding upon me (the Participant), my successors, representatives, heirs, executors, assigns, or transferees, and, if applicable, upon my child/ward. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. This agreement shall be interpreted according to the laws of the State of Texas, and venue for any litigation arising out of or relating to this document shall be exclusively in Titus County, Texas.
REVIEW AND CONSENT: I have been afforded the opportunity to review this Agreement and understand that I (or my legal guardian, if applicable) had the opportunity to seek the benefit of legal counsel to explain the contents, terms, provisions, or effects of the Agreement. Whether or not I (or my legal guardian) have taken advantage of that opportunity, I am satisfied that I (or my legal guardian, if applicable), of my own accord, fully understand the provisions of this Agreement and their effect. I enter into this agreement freely and voluntarily, without coercion, duress, economic compulsion, or any perceived disparity in bargaining power. I am entering into this agreement of my own free will and for my own benefit, whether I am an adult Participant or a legal guardian signing on behalf of a minor Participant.
RELEASE OF LIABILITY: I have read the foregoing document, understand it, and have been given a full and complete opportunity to ask any and all questions regarding it and seek legal advice if desired. I understand that by signing it, I am waiving, releasing, and otherwise affecting my valuable legal rights. It is my intention to do so.
Inclusive of all items above:
- I am the Participant, or if a minor, I am the legal guardian of the minor Participant listed above and have the legal authority to sign this agreement on their behalf.
- Recognizing the possibility of injury or illness, and in consideration for Legacy Athletics accepting the Participant (or my minor child or ward) into the programs and activities of Legacy Athletics, I consent to the Participant (or my child/ward) participating in these activities. Further, I release, discharge, and otherwise indemnify Legacy Athletics, and its owners, employees, associated personnel, members, sponsors, contract workers, and volunteers, against any claim by myself, spouse, authorized guardian, or on behalf of the Participant (or my child/ward), arising from or relating to the Participant's (or my child’s/ward’s) participation in the activities, even if the claim arises from Legacy Athletics' NEGLIGENCE.
- I acknowledge, agree, and represent that I understand the nature of Legacy Athletics activities, including but not limited to practicing on trampolines, rod floors, ropes, climbing walls, bounce houses, obstacle courses, stunting, tumbling, and other cheer or training activities. I believe that the Participant (or my child/ward, if applicable) is qualified, in good health, and in proper physical condition to participate in any and all of Legacy Athletics activities. I further agree and warrant that if, at any time, I or the Participant (or my child/ward) believes the conditions to be unsafe, the Participant (or my child/ward) will get the attention of a Legacy Athletics staff member and/or immediately withdraw from participation in the activities.
- I have read the foregoing and agree to all of its terms and agree to be bound by the same, including the obligation to RELEASE, DISCHARGE, AND OTHERWISE INDEMNIFY Legacy Athletics, its owners, employees, contract workers, associated personnel and entities, including governing bodies, and volunteers, against any claim by or on behalf of the Participant (or my child/ward) as a result of the Participant's (or my child’s/ward’s) transportation to or from Legacy Athletics, which shall occur outside the control of Legacy Athletics with my authorization.
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Legacy Athletics