PARTICIPANT WAIVER & RELEASE OF LIABILITY
In consideration of being allowed to participate in programs presented by and/or through Kid At Heart 501(c)(3) and partnered programing and/or events: exercise and use of exercise equipment –obstacle course and it’s elements – inclusive of ropes, tires, walls, and spears, along with related fitness training and/or activities, I, the undersigned, acknowledge, covenant and agree that:
1. The risk of injury and/or death from the activities involved in are significant including, but not limited to the following: (i) sprains; (ii) strains; (iii) fractures; (iv) heat and cold injuries; (v) over-use syndrome;
(vi) accidents involving, but not limited to running, climbing, hiking, exercising, mud, sand, water; (vii) heart attack and (viii) the potential for permanent paralysis and/or death. While particular rules, equipment, and personal discipline may reduce this risk, the risk of death or serious injury does exist;
2. AFTER OPPORTUNITY TO FULLY INFORM MYSELF ABOUT RISKS OF PARTICIPATING IN THE EVENT(S), I KNOWINGLY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, and assume full responsibility and all risks for my participation;
3. I voluntarily agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual and/or significant hazard during my presence or participation, I will remove myself from participation and bring such hazard to the attention of any representative or volunteer;
4. I, for myself and on behalf of my heirs, assigns, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE KID AT HEART, HEROIC FITNESS and their
owners, representatives, employees, as well as their independent contractors, volunteers, and if applicable, owners and lessors of the premises used to conduct activities (collectively, the "Releasees"), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, and/or loss or damage to person or personal property, incurred by me in connection with participation in activities. I further agree to indemnify, defend and hold harmless Releasees from any loss, liability, cost, claim or damages arising from my participation to my person, personal property and those with me, by attending the event in association with activities and events organized, held-hosted by, and sponsored by the Releasees.
5. I attest and verify that, unless otherwise indicated below, I am over 18 years of age, am free from all
illnesses including COVID-19 and/or expressed symptoms listed by the Center for Disease Control within the last 14 days herein of this event, injuries and defects that could interfere with my safe participation and that I am physically fit and willing to participate in all activities associated. I further attest to release and hold harmless Releasees of ANY AND ALL LIABILITY related to COVID-19 contracted sickness, contact or transmission of the virus to me and any members of my party. My participation in activities is entirely voluntary.
6. I consent to administration of first aid and other medical treatment in the event of injury or illness and hereby release and indemnify Releasees from any and all liability or claims arising out of such treatment.
7. The Releasees reserve the right, in their sole and absolute discretion, to postpone, cancel, or modify activities due to weather conditions, Acts of God or other factors beyond the control of the Releasees that might affect the health and/or safety of the participants.
8. I irrevocably grant unlimited permission to Releasees, to use, reproduce, sell and distribute any and all photographs, images, videotapes, motion pictures, recordings, or any other depiction of any kind of me or of my participation in said activity for any legitimate purpose in perpetuity and I understand that I shall not be entitled to any compensation therefore.
9. I hereby irrevocably and absolutely grant permission to the Releasees to film, videotape and record gratis the performance of the above named participant (referred to herein as “I”, “me”, “my”) in and subsequently to telecast, sell, distribute and otherwise utilize the same in whatever manner Releasees shall deem appropriate.