RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK
AND INDEMNITY AGREEMENT
FOR AND IN CONSIDERATION of Cycling Center Dallas, LLC, d/b/a Online Bike Coach (the “Company”) making its cycling physical fitness program (the “Program”) available to the undersigned participant (the “Participant”), allowing the Participant to participate in the Program and other good and valuable consideration, the receipt of which is acknowledged, the undersigned Participant, and if Participant is a minor the undersigned parent or guardian of the Participant on behalf of the minor, agrees as follows:
1. By Participant’s signature below, Participant represents, warrants and further declares himself or herself to be physically sound and suffering from no condition, impairment, injury, disease, infirmity or illness that would prevent him or her from safely participating in the Program. In the event the Participant becomes aware of any condition, impairment, injury, disease, infirmity or illness developing or occurring after the date this Release and Waiver of Liability is signed, the Participant will immediately seek a doctor’s opinion and cease participation in the Program until such time as Participant is cleared by his or her physician to participate in the Program.
2. By Participant’s signature below, Participant acknowledges that he or she could become injured from participating in the Program or from fitness activities such as threshold testing, endurance training, rigorous cycling programs, resistance training, stretching and aerobic exercise, and that such injury can include, but is not limited to, death, heat stroke, heat exhaustion, heart attack, stroke, broken bones, sprains, muscle pulls and/or tears, abnormal blood pressure, fainting, and disorders in Participant’s heartbeat. Participant is voluntarily participating in the Program with knowledge of these dangers. Participant agrees to assume full responsibility and accept any and all risks of injury or death or damage to Participant or Participant’s property arising out of Participant’s participation in the Program.
3. By Participant’s signature below, Participant acknowledges that he or she may use equipment or machinery in his or her participation in the Program and that injury could result from the use of such equipment or machinery. Participant agrees to assume full responsibility for all risks of loss, injury or damage to Participant or Participant’s property arising out of the use of such equipment or machinery.
4. By Participant’s signature below, Participant understands that during the Program, Participant may be photographed, videotaped and/or recorded and Participant permits and authorizes the Company to use such images, words and likenesses for marketing, on websites, in brochures and other writings and any other legitimate purpose.
5. By Participant’s signature below, Participant, and Participant’s parent or guardian (if applicable), represents and warrants that Participant’s physician has not objected to Participant’s participation in the Program. When requested by the Company, Participant agrees to obtain a physician’s note approving Participant for physical activity and approving Participant for participation in the Program.
6. WAIVER AND RELEASE. PARTICIPANT, AND PARTICIPANT’S PARENT OR GUARDIAN (IF APPLICABLE), HEREBY AGREES TO WAIVE, HOLD HARMLESS, INDEMNIFY AND TO FOREVER RELEASE COMPANY, COMPANY’S LANDLORD AND COMPANY’S RESPECTIVE REPRESENTATIVES, AFFILIATES, MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS FROM ANY AND ALL CLAIMS OF WHATSOEVER NATURE, INCLUDING ANY DEMANDS, DAMAGES, RIGHTS OF ACTION OR CAUSES OF ACTION, PRESENT OR FUTURE, ARISING OUT OF OR CONNECTED IN ANY WAY TO THE PROGRAM OR INJURIES RECEIVED FROM PARTICIPANT’S PARTICIPATION IN THE PROGRAM, EVEN IF SUCH INJURIES RESULT IN ANY WAY FROM COMPANY’S NEGLIGENCE. THIS WAIVER AND RELEASE OF LIABILITY PERTAINS TO ALL CLAIMS INCLUDING, BUT NOT LIMITED TO: (A) CLAIMS RELATING TO INJURIES AND/OR DEATH TO PARTICIPANT THAT MAY OCCUR AS A RESULT OF (I) PARTICIPANT PARTICIPATING IN THE PROGRAM OR OTHERWISE ENGAGING IN PHYSICAL ACTIVITY OR EXERCISE; (II) PARTICIPANT’S USE OF EXERCISE EQUIPMENT THAT MAY MALFUNCTION OR BREAK; (III) ANY AND ALL DEFECTS, LATENT OR APPARENT, IN THE DESIGN OR CONDITION OF ANY EQUIPMENT; (IV) ANY AND ALL SLIPS OR FALLS BY PARTICIPANT, OR THE DROPPING OF ANY EQUIPMENT BY PARTICIPANT OR COMPANY OR ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, AGENTS OR CONTRACTORS; (V) IMPROPER MAINTENANCE OF ANY EQUIPMENT OR ANY FACILITIES; (VI) ANY HAZARDOUS CONDITION THAT MAY EXIST AT THE LOCATION WHERE THE PROGRAM OCCURS; AND (VII) NEGLIGENT INSTRUCTION OR SUPERVISION BY EITHER THE COMPANY OR ITS RESPECTIVE REPRESENTATIVES, EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, AGENTS OR CONTRACTORS; (B) CLAIMS RELATING TO DAMAGE TO ANY PROPERTY WHICH OCCUR AS A RESULT OF PARTICIPANT’S PARTICIPATION IN THE PROGRAM; AND (C) CLAIMS RELATING TO PARTICIPANT’S FAILURE TO ACHIEVE AN IMPROVED PHYSICAL CONDITION.
7. The undersigned Participant in the Program, and if applicable, Participant’s parent or guardian, has read this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement, fully understands its terms, and has signed this document freely and voluntarily without inducement, assurance or guarantee being made to the undersigned Participant and Participant, and if applicable, Participant’s parent or guardian, intends that his or her signature to be a complete, continuing and unconditional release of Participant’s rights and liabilities as provided herein. By signing this document, Participant, AND IF APPLICABLE PARTICIPANT’S PARENT OR GUARDIAN, is aware that he or she is waiving any right Participant, PARTICIPANT’S PARENT OR GUARDIAN, or Participant’s heirs and/or assigns, may have to bring any and all legal actions or assert any and all claims against Company, Company’s landlord and Company’s respective representatives, affiliates, agents, Members, managers, employees and contractors. PARTICIPANT, AND IF APPLICABLE PARTICIPANT’S PARENT OR GUARDIAN AGREES THAT IF ANY PORTION OF THIS RELEASE AGREEMENT IS HELD TO BE INVALID BY A COURT OF COMPETENT JURISDICTION, THEN THE REMAINING PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.
8. If Participant is a minor, the undersigned parent or guardian of the Participant agrees to all of the provisions above and represents and warrants that they are authorized to enter into this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement on behalf of the Participant.