Athletika Sports and Fitness LLC

RULES, ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT

 

Rules:

I agree to become familiar with and abide by all written and/or posted rules of Athletika Sports and Fitness LLC. I further agree to comply with all directions, instructions, and decisions of Athletika Sports and Fitness LLC personnel. I further agree not to challenge these rules, directions, instructions, or decisions on any basis at any time.

 

Emergency Delay or Cancellation:

I acknowledge that Athletika Sports and Fitness LLC at its sole discretion may delay, modify, or cancel the Athletika Sports and Fitness LLC events, workouts and all activities if conditions or man-made emergencies make administering the events, workouts and all activities unreasonably difficult or unsafe. 

 

Govern Participation:

I understand that Athletika Sports and Fitness LLC has the authority to issue instructions or directions relating to the manner of my safe participation in the Obstacle Courses, Training Area, Turf Area, or related activities and the authority to halt my participation in the Obstacle Courses, Training Area, Turf Area, or related activities at any time they deem it necessary to protect the safety of participants, spectators, and personnel: and/or promote fairness and the spirit of Athletika Sports and Fitness LLC.

 

Removal from Obstacle Courses, Training Area, or Turf Area:

I understand that Athletika Sports and Fitness LLC may immediately cause anyone who disobeys any rules, directions, instructions, decisions, or laws, or whose behavior endangers safety or negatively affects a person, facility, or property of any type or kind, to be removed from the Obstacle Courses, Training Area, Turf Area, and/or facility.

 

Fee Refunds:

I understand that all fees and associated costs (including optional product purchases, spectator tickets, and donations), paid in registration for Athletika Sports and Fitness LLC events, workouts and all activities are not refundable for any reason under any circumstances, including but not limited to injury, a scheduling conflict, and/or events, workouts, and all activities cancellation. 

 

Attitude and Behavior:

I also agree to exhibit appropriate behavior at all times; demonstrate respect for all people, equipment, and facilities: and participate with a cooperative and positive attitude. 

 

Alcohol & Drugs:

I certify that I am not, and on the date of Athletika Sports and Fitness LLC events, workouts and all activities will not be, under the influence of alcohol or any drugs that would in any way impair my ability to safely participate in Athletika Sports and Fitness LLC events, workouts and all activities. I further understand that alcohol consumption following the events, workouts, and all activities is discouraged by Athletika Sports and Fitness LLC and take full responsibility for any decision to consume alcohol at that time. 

 

Specific Rules:

I specifically acknowledge and agree to abide by the following rules: 1) no wheeled or conveyances or pets allowed in the Obstacle Course, Training Area, or Turf Area at any time: 2) no clothing, props or equipment that pose any unnecessary risk to participants, spectators or personnel are permitted. 

 

Photography:

I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during Athletika Sports and Fitness LLC events, workouts, and all activities, its affiliated entities or contractors, and/or the media become the sole property of Athletika Sports and Fitness LLC. 

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I grant the right, permission and authority to Athletika Sports and Fitness LLC to use my name and any such photographs, motion pictures, recordings, and/or likenesses for any legitimate purpose, including but not limited to promoting, advertising, and marketing activities. I further understand that Athletika Sports and Fitness LLC, as sole owner, has the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses.

 

Athletika Sports and Fitness LLC

ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT

PARTICIPANTS: READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS. 

 

Parties

Released Parties include Athletika Sports and Fitness LLC and its directors, officers, employees, agents, contractors, insurers, spectators, equipment suppliers, and volunteers: all Athletika Sports and Fitness LLC , workouts and all activities sponsors, organizers, promoters, directors, officials, property owners and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used; and any or all parent, subsidiary or affiliate companies, licenses officers, directors, partners, board members, supervisors, insurers, agents, and equipment suppliers of any of the foregoing.

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Releasing Parties include: the participant as well as participant’s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors, and assigns, or anyone else who might claim or sue on participant’s behalf.

 

Assumption of Inherent Risks

Athletika Sports and Fitness LLC events, workouts, and all activities are meant to be an extreme test of toughness, strength, stamina, camaraderie, and mental grit. It is not a race against other contestants, but rather a competition with oneself and the courses or training area activities unless otherwise specified. The object is to complete the obstacle courses or training area activities or any other designated activity offered and/or suggested by Athletika Sports and Fitness LLC. Some of the activities include obstacle course runs, military style obstacles, going through pipes, traversing cargo nets, climbing warped walls, or sports (both traditional or customized). In summation, Athletika Sports and Fitness LLC events, workouts, and all training and turf area activities is a hazardous activity that presents the ultimate physical and mental challenge to participants.

 

I acknowledge that Athletika Sports and Fitness LLC events, workouts and all activities are an extreme test of my physical and mental limits that carries with it inherent risk of physical injury. Inherent risks are risks that cannot be eliminated completely (without changing the challenging nature of Athletika Sports and Fitness LLC events, workouts and all activities) regardless of the care and precautions taken by Athletika Sports and Fitness LLC (hereafter used when referring to the corporate entity and protected parties). I also understand that it is extremely strenuous with the accompanying risks and dangers generally present in such activities.

 

I understand and acknowledge that the inherent risks include, but are not limited to: 1) contact or collision with persons or objects (ex. Collision with spectators or course personnel), contact with other participants and contact with natural or man-made fixed objects or obstacles, 2) encounter with obstacle, gymnastic, and parkour equipment, 3) equipment related hazards (ex. Broken or defective inadequate competition equipment, unexpected equipment failure, imperfect course conditions, 4) inadequate first aid and/or emergency measures, 5) judgment- and/or behavior related problems (ex. Erratic or inappropriate behavior by the participant, errors in judgment by personnel working the events, workouts, and all activities. 

 

I further understand and acknowledge that any of these risks and others, not specifically named, may cause injury or injuries that may be categorized as minor, serious, or catastrophic. Minor injuries are common and include, but are not limited to: scrapes, bruises, sprains, overexertion, and aggravation of preexisting injuries and medical conditions, inadequate physical conditioning and/or nausea. Serious injuries are less common, but do sometimes occur. They include, but are not limited to: property loss or damage, broken bones, fractures, torn ligaments, concussions, mental stress or exhaustion. Catastrophic injuries are rare; however we feel that our participant should be aware of the possibility. These injuries can include permanent disabilities, spinal injuries and paralysis, stroke, heart attack, and even death. 

 

I understand that it is my responsibility to inspect Athletika Sports and Fitness LLC, facilities, equipment, and areas to be used, and if I believe or become aware that any are unsafe or pose unreasonable risks, I agree to immediately notify appropriate personnel. By participating in the events, workouts, and all activities, I am acknowledging that I have found the course, facilities, equipment, and areas to be used to be safe and acceptable for participation. I accept full and sole responsibility for the condition and adequacy of the equipment. 

 

I understand fully the inherent risk involved in the Athletika Sports and Fitness LLC events, workouts, and all activities assert that I am willing and voluntarily participating in the events, workouts and all activities. I have read the preceding paragraphs and acknowledge that 1) I know the nature of Athletika Sports and Fitness LLC events, workouts, and activities; 2) I understand the demands of this activity relative to my physical condition; and 3) I appreciate the potential impact of the types of injuries that may result from Athletika Sports and Fitness LLC events, workouts, and activities. I hereby assert that I knowingly assume all of the inherent risks of the activity and take full responsibility for any and all damages, liabilities, losses, or expenses that I incur as a result of participating in Athletika Sports and Fitness LLC events, workouts, and activities.

 

Waiver of Liability for Ordinary Negligence 

In consideration of being permitted to participate in Athletika Sports and Fitness LLC events, workouts and all activities, I (on behalf of the Releasing Parties) hereby forever waive, release, covenant not to sue, and discharge Athletika Sports and Fitness LLC and the other Released Parties from any and all claims resulting from the INHERENT RISKS  of Athletika Sports and Fitness LLC events, workouts and all activities or the ORDINARY NEGLIGENCE of Athletika Sports and Fitness LLC (or other Released Parties) that I may have arising out of my participation in Athletika Sports and Fitness LLC events, workouts, and all activities.

 

This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from the Athletika Sports and Fitness LLC events, workouts and all activities participation. This includes injury during course inspection, observation, practice runs, the events workouts and all activities, and while on the premises (including, but limited to stands, sidewalks, parking areas, restrooms, and dressing facilities); 2) any and all claims resulting from damage to, loss of, or theft of property.

 

Indemnification Agreement

I hereby agree to hold harmless, defend, and indemnify (defend and pay any judgment, court costs, investigation costs, attorney’s fees, and any other expenses incurred that related to a breach of this contract) Athletika Sports and Fitness LLC (and the other Released Parties) from any and all claims made by me (or any Releasing Party) arising from injury or loss due to my participation in Athletika Sports and Fitness LLC events, workouts and all activities. This applies both to claims arising from the inherent risks of Athletika Sports and Fitness LLC events, workouts and all activities or the ordinary negligence of Athletika Sports and Fitness LLC ( or any Released Parties).

 

I further agree to hold harmless, defend, and indemnify (defend and pay any judgment, court costs, investigation costs, attorney’s fees, and any other expense incurred that relate to a breach of this contract) Athletika Sports and Fitness LLC (and the other Released Parties) against and all claims of co-participants, rescuers, and others arising from my conduct in the course of my participation in the or Athletika Sports and Fitness LLC events, workouts and all activities.

 

Other Agreements

Severability:

I understand and agree that this Assumption of Risk Waiver of Liability and indemnification Agreement is intended to be as broad and inclusive as is permitted by the State of Michigan and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 

Integration:

I affirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire Agreement between me and Athletika Sports and Fitness LLC and cannot be modified or changed in any way by representation or statements by any agent or employee of Athletika Sports and Fitness LLC. This agreement may only be amended by a written document duly executed by all parties.

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Mediation and Arbitration:

In the events, workouts, and all activities of a legal issue, I agree to engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims arising out of my participation in Athletika Sports and Fitness LLC events, workouts and all activities shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration then in effect. The cost of such action shall be shared equally by all parties.

 

Agreements for the Protection of Participants:

I assert that I am in good health and in proper physical condition to safely participate in Athletika Sports and Fitness LLC events, workouts and all activities. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in Athletika Sports and Fitness LLC events, workouts, and all activities or that would result in my participation creating a risk of danger to myself or to others. 

 

I acknowledge that Athletika Sports and Fitness LLC recommends and encourages each client to get medical clearance from his/her personal physician prior to participation.

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I assert that I have not been advised or cautioned against participating by a medical practitioner

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I understand that it is my responsibility to continuously monitor my own physical and mental condition during all exercises and activities, and I agree to withdraw immediately and to notify appropriate personnel  if at any point my continued participation would create a risk of danger to myself or others.

 

I attest that I am covered by medical insurance and/or have medical insurance coverage for anyone else included on this waiver.

 

In the events, workouts, and all activities of an injury to me that renders you unconscious or incapable of making a medical decision, I authorize appropriate Athletika Sports and Fitness LLC personnel and emergency medical personnel at the events, workouts and all activities to make emergency medical decisions on my behalf (including but not limited to CPR and AED if available).

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I authorize Athletika Sports and Fitness LL to secure medical care or transportation (ex. EMS) when deemed necessary by Athletika Sports and Fitness LLC. 

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I agree to assume all costs of emergency medical care and transportation.

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I acknowledge that Athletika Sports and Fitness LLC has instituted its rules for the protection of the participant and co-participants. I agree to familiarize myself with those rules and follow them throughout the events, workouts, and activities. I also recognize the authority of Athletika Sports and Fitness LLC to halt my participation (and, if necessary, have me removed from the premises) if my participation, conduct, or presence endangers myself or my co-participants.

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Acknowledgement of Understanding:

I have read this Assumption of Risk, Waiver of Liability, and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I further acknowledge that I am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability due to ORDINARY NEGLIGENCE of Athletika Sports and Fitness LLC (and other Released Parties) or the INHERENT RISKS of the activity, to the greatest extent allowed by law in the State of Michigan.