RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK
I, (or hereinafter on behalf of my minor child) (“Participant”), hereby acknowledge that Participant has voluntarily elected to enroll in 1 More Rep ("Program”), to be held in and around O’Fallon, IL (OTHS Milburn & Smiley Campus). I further understand that if the Participant is a minor, then I, as his or her parent or legal guardian must agree to all of the conditions set forth below on behalf of the minor even where the language is specifically directed to the Participant. In consideration for being permitted by Antoine Wooten (“Coach”) to participate in theProgram, I hereby acknowledge and agree to the following:
Media Release: Participant consents to the use of their likeness, name, and/or voice in photographs, videos, or other media recordings taken during the Program for promotional and educational purposes by the Coach, his employees, or agents. Participant further consents to the use of their statements or quotes in their evaluation of the Program.
Training Guidelines: Participants agree to abide by all training guidelines and instructions provided by the
Coach, his employees, or agents. This includes but is not limited to, following proper warm-up and cooldown procedures as instructed, using equipment as instructed, and reporting any discomfort or pain during training. Participant acknowledges that the Coach has the right to terminate the Participant’s participation in the Program if it is determined that the Participant’s conduct is detrimental to the best interests of the group, the Participant’s conduct violates any training guidelines of the Program, or at the Coach’s discretion.
Assumption of Risk: I understand and acknowledge that there are potential dangers incidental to my participation in the Program, including risks of damage, bodily injury and possibly death as described throughout this Agreement. The risks may result from the activity itself, from the acts of others, from use of the equipment or organization of or unavailability of emergency medical care. I understand that there are risks attendant to physical activities associated with the Program and that there are potential dangers which may expose me to the risk of personal injuries, damage, or even death. In addition, I understand that participation in the Program involves activities incidental thereto, including, but not limited to, travel to and from the site of the Program, participation at sites that may be remote from available medical assistance, and the possible reckless conduct of other participants. I understand that additional potential risks include, but are not limited to: travel to and from Smiley & Milburn Campus via private vehicles, common carriers, and/or local transportation to and from program activities, weather conditions, facility conditions, equipment conditions, negligent first aid operations or procedures of Releasees(as defined herein), and that there may be other risks not known to me or not reasonably foreseeable at this time. I, INDIVIDUALLY, AND ON BEHALF OF MY HEIRS SUCCESSORS, ASSIGNS AND PERSONAL REPRESENTATIVES, KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS OF MY PARTICIPATION IN THE PROGRAM AND FOR ALL MATTERS RELATED THERETO, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE ACTS OF THE RELEASEES, UNLESS THE RISKS ARISE FROM THE RELEASEES’ GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT AND I ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION IN THE PROGRAM.
Release and Waiver of Liability: I, INDIVIDUALLY, AND ON BEHALF OF MY HEIRS SUCCESSORS, ASSIGNS AND PERSONAL REPRESENTATIVES HEREBY RELEASE,
WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE COACH including his employees (in their official and individual capacities), and any students, agents or volunteers acting at the Coach’s direction (collectively referred to as "Releasees"), for any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys' fees), arising from any injury, damage or death that I may suffer as a result of my participation in the Program, REGARDLESS OF WHETHER THE INJURY, DAMAGE OR DEATH IS CAUSED BY THE RELEASEES, UNLESS THE INJURY DAMAGE OR DEATH IS CAUSED BY THE RELEASEES’ GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, AND REGARDLESS OF WHETHER THE INJURY, DAMAGE OR DEATH OCCURS WHILE IN, ON, UPON, OR IN TRANSIT, TO OR FROM THE PREMISES WHERE THE PROGRAM, OR ANY LOCATION ADJUNCT TO THEPROGRAM, OCCURS OR IS BEING CONDUCTED. I further agree that the Releasees are not in any way responsible for any injury or damage that I sustain as a result of my own negligent or grossly negligent acts or my own intentional misconduct and I hereby release Releasees from any liability for the same.
Choice of Law/Venue: I hereby agree that this Agreement shall be construed in accordance with the laws of the State of Illinois. If there is any suit, claim, action or proceeding arising out of or relating to this Agreement, Participant expressly agrees that jurisdiction and venue shall be properly fixed in the State or
Federal Courts of St, Clair County, Illinois.
Severability: If any term or provision of this Agreement shall be held illegal, unenforceable, or in conflict
with any law governing this Agreement the validity of the remaining portions shall not be affected
Thereby.
I hereby acknowledge that I have read, understand, and will abide by each of the
terms and conditions of this Agreement. I certify that I have custody of Participant or am the legal guardian of Participant
by court order.
I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND AND AGREE TO ITS TERMS. I AM AWARE THAT THIS AGREEMENT INCLUDES A RELEASE AND WAIVER OF LIABILITY AS WELL AS AN ASSUMPTION OF RISK.
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