Liability and Waiver Release Agreement *
LIABILITY WAIVER AND RELEASE FORM
THIS IS A RELEASE OF LEGAL RIGHTS (READ AND UNDERSTAND BEFORE SIGNING) I hereby certify that I am the athlete (or the parent / guardian of the athlete, a minor child under the age of eighteen years) that is the signatory to this agreement. I understand and acknowledge that I am fully aware of and assume any and all the risks (including but not limited to the risk of serious bodily injury, property loss or damage) associated with participation in Activities (as defined below) at Rockland Peak Performance Inc. (“RPP”) or on a remote basis working with RPP’s programming and / or suggestions and recommendations. I understand that certain Activities can be strenuous and subject to risk of serious injury and acknowledge that I have been hereby advised to obtain a physical examination and further understand and that RPP shall have no responsibility to pay for medical treatment, related costs or any other costs arising from such Activities if I get injured in any way. I further understand and agree that RPP supplies and sells training equipment on as “as is” basis, and that RPP disclaims all warranties, express or implied, for any particular use or purpose. Knowing the risks described above, I agree to assume all the risks and responsibilities surrounding my participation in such Activities to be provided by RPP, even when performed on a remote basis. To the fullest extent allowed by law, I hold harmless and agree to indemnify RPP, its officers, directors, faculty, staff, volunteers, employees and agents, from and against any present or future claim, cause of action, loss or liability for injury to person or property, which I may suffer or may be liable to any other person, related to my participation in Activities at RPP or on a remote basis, resulting from any cause whatsoever, and regardless of fault. Activities include, without limitation, 1) participation in any and all strength and conditioning, throwing, pitching and hitting programs provided by RPP to be performed at RPP or on a remote basis, 2) use of all amenities and equipment in the facility and participation in any activity, class, program, personal training or instruction, 3) the sudden and unforeseen malfunctioning of any equipment, 4) our instruction, training, supervision, or dietary recommendations, 5) slipping and/or falling while in the building, or on the premises, including adjacent sidewalks and parking areas, 6) contact with other participants and coaches, 7) the effects of the weather, including high heat and/or humidity, and all other such risks being known and appreciated by me in person or on a remote basis through online access with RPP. PHOTOGRAPHY AND VIDEO RELEASE AND WAIVER AGREEMENT I also hereby grant permission to RPP, its officers, shareholders, employees, agents, representatives, contractors, licensees, and assigns to use any photograph or video of my image, likeness, or depiction for any promotional purposes on any form of media. I further grant RPP the right to edit, crop, or retouch such photographs or videos and waive any right to inspect the final photographs or videos. I hereby consent and authorize on a perpetual basis the use of such photographs and videos of me to be used by RPP worldwide for any purpose including, but not limited to educational, training, advertisement, social media, and promotion and selling purposes, and in any medium including, but not limited to, print and electronic. I understand that RPP may use the photographs and videos with or without associating any names thereto. I further waive any claim for further compensation of any kind by me for RPP's use or publication, sale, or sharing with any third party of any such photographs and videos. I hereby fully and perpetually discharge and release RPP from any claim for damages of any kind including, but not limited to invasion of privacy, defamation, slander, misappropriation of name, likeness, or image, arising out of the use or publication of photographs or videos of me by RPP and covenant and agree not to bring any legal action in any manner or in any forum against RPP. I understand that all grants, consents, waivers, authorizations, covenants, and understandings contained within this document are irrevocable. I have carefully read and freely signed this Liability Waiver and Release Form. I understand and agree that no oral or written representations can or will alter the contents of this document. I further understand that I am signing a complete release from any and all claims resulting from my participation in any of RPP’s programs whether in-person at RPP or on a remote basis. I agree that this agreement shall be governed by the laws of the State of New Jersey (excluding its conflict of laws principles).