WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
In consideration of me (the “Participant” or “I”) being permitted to participate in any way in the LIFECORE FITNESS dba ASSAULT FITNESS ("Sponsor") sponsored activities in connection with the Assault Fitness product competition (the “Activity”), I agree:
1. I understand the nature of the LIFECORE FITNESS dba ASSAULT FITNESS activities and my capabilities and physical condition and I believe I am capable and in sufficient physical condition to participate in such Activity. I further acknowledge that I am aware the activity will be conducted in facilities open to the public during the Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity. I understand that I am responsible for consulting a physician before beginning an exercise program and warming up before the Activity.
2. I FULLY UNDERSTAND that: (a) LIFECORE FITNESS dba ASSAULT FITNESS Activities involve risks and dangers of SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, BLINDNESS, PARALYSIS AND/OR DEATH (“Risks”); (b) these Risks and dangers may be caused by my own actions, or inaction’s, the actions or inaction’s of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred as a result of my participation in the Activity.
3. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY
AND SAVE AND HOLD HARMLESS LIFECORE FITNESS dba ASSAULT FITNESS, their respective administrators, associated companies, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessor of premises on which the Activity takes place (each considered one of the “Releasees” herein) from all liability, claims, demands, losses, or damages on the minor’s account caused or alleged to be caused in whole or in part by the negligence of the “Releasees” or otherwise, including negligent rescue operations and further agree that if, despite this release, I, the minor, or anyone on the Minor’s behalf makes a claim against any of the Releasees named above, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
4. The undersigned has read and fully understands the language of Section 1542 of the Civil Code of the State of California:
" A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which if known by him must have materially affected his settlement with the debtor."
Having been so appraised, the undersigned elects to and does assume all risk for claims, known or unknown, heretofore or hereafter arising from the subject of this release, and specifically waives any rights he may have under Section 1542.
5. By participating in this Activity, I accept the terms and conditions and set forth in this Waiver. By accepting these terms and conditions, I agree to sign up to receive newsletters and special offers from Assault Fitness and RPM Training (collectively, the “Associated Companies”). The Associated Companies have contributed to the Activity, but only Assault Fitness is sponsoring and responsible for operating the Activity. No Purchase Necessary. A Purchase Will Not Increase My Chances of Winning.
6. Any information I submit as part of the Activity will be used for purposes of this Activity and treated in accordance with Sponsor’s and associated companies' Privacy Policy as otherwise set forth in this waiver. Except where prohibited, participation in the Activity constitutes a paritipant's consent to Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.
7. By accepting these terms & conditions, I acknowledge and agree that Sponsor and the associated companies will use participant's information, including, without limitation, my email address, phone number, mailing address, or any other contact information provided for general solicitation, marketing, or other business or promotional activities in connection with the services and products provided by Sponsor or associated companies. You may at any time revoke the use of such information by providing written notice to Sponsor and each other associated company using the following addresses or by responding to a marketing email using the unsubscribe link provided in the email. Please note that your opt-out preference will apply to marketing communication and may not apply to transactional communication including those associated with your entry.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND IT’S TERMS, UNDERSTAND THAT I AND THE MINOR HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOW BY THE LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THAT THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
