Docstoc

release

Document Sample
release Powered By Docstoc
					                       RELEASE OF LIABILITY AND WAIVER AGREEMENT


        Participation in the training program sponsored by PureSpeed® involves strenuous
physical activity including running and cardiovascular training. Possible injuries include,
without limitation, muscle strains, back injuries, sprains, and more rarely, broken bones, strokes,
cardiac malfunction, or other types of catastrophic injury. All participants, and/or said
participant’s parents or legal guardians, must assess their physical condition and the possibility
of injury. Indeed, health professionals recommend that all participants complete a physical
examination or obtain a doctor’s approval prior to beginning any exercise program.

        The safe conduct of any training program is dependent upon the individual actions of
each member of the group. The participant has an obligation to refrain from dangerous or
disruptive activity that might endanger the participant or any other member of the group

        Knowing and understanding the risks involved with participation in the training program
sponsored by PureSpeed®, and in consideration for
’s (“minor”) participation in this activity, I,                                     , being of lawful
age (18 years or older), indicate by my initials and signature that I hereby agree as follows:

PARTIES INCLUDED: I understand that this Release of Liability and Waiver Agreement is
intended to release PureSpeed®, its assigns, licensees, sublicensees, directors, officers,
employees, parents, subsidiaries, affiliates, agents, independent contractors, representatives,
attorneys, successors-in-interest and affiliated entities, hereinafter collectively referred to in this
Release of Liability and Waiver Agreement as “PS.” I further understand that this Release of
Liability and Waiver Agreement is effective as against myself and my spouse, assigns, licensees,
sublicensees, heirs, executors, employees, agents, independent contractors, representatives,
attorneys, and successors-in-interest.

                                                                                        (          )


RISKS CONTEMPLATED: This Release of Liability and Waiver Agreement is made in
contemplation of all injuries, including without limitation, muscle strains, back injuries, sprains,
broken bones, strokes, cardiac malfunction, or other types of catastrophic injuries, that may arise
from minor’s participation in the PureSpeed® training program or any other activity sponsored


RELEASE OF LIABILITY AND WAIVER AGREEMENT          1
by PS, including without limitation, training sessions, practice sessions, and/or promotional
activities (“PS activities”). This includes injuries arising out of any rescue operations or
attempts.

                                                                                           (            )


RELEASE OF LIABILITY: I hereby agree, for myself and my spouse, assigns, licensees,
sublicensees, heirs, executors, employees, agents, independent contractors, representatives,
attorneys, and successors-in-interest, to fully and forever discharge and release PS from any and
all liabilities, claims, demands, actions and causes of action whatsoever, whether now known or
unknown, based upon any injuries, costs, loss of services, expenses, and any and all damage
claims whatsoever, whether or not caused by the negligence of PS, arising from minor’s
participation in PS activities.

                                                                                       (          )


COVENANT NOT TO SUE: I hereby agree, for myself and my spouse, assigns, licensees,
sublicensees, heirs, executors, employees, agents, independent contractors, representatives,
attorneys, and successors-in-interest, not to sue PS, not to initiate or assist in the prosecution of
any claim or cause of action for damages against PS which I or my spouse, assigns, licensees,
sublicensees, heirs, executors, employees, agents, independent contractors, representatives,
attorneys, and successors-in-interest may have by reason of personal injury, death, or property
damage arising from PS activities.

                                                                                       (          )


INDEMNIFICATION AGREEMENT: I hereby agree, for myself and my spouse, assigns,
licensees, sublicensees, heirs, executors, employees, agents, independent contractors,
representatives, attorneys, and successors-in-interest, to indemnify and hold PS harmless from
any loss, claims, causes of action, or proceedings of any kind which may be initiated, including
without limitation, demands, judgments, costs, loss of services, expenses, or reimbursement of
attorney’s fees incurred as a result of PS activities. I give PS permission to obtain on minor’s
behalf any emergency medical treatment. In case of sickness, accident or injury, PS has my




RELEASE OF LIABILITY AND WAIVER AGREEMENT          2
express permission to secure, at my expense, such medical treatment as is deemed necessary for
minor in the sole discretion of PS.

                                                                                      (          )


ASSUMPTION OF RISK: I represent that minor is physically sound and has medical approval
to participate in PS activities. I VOLUNTARILY AND FREELY CHOOSE TO ASSUME ALL
RISKS AND DANGERS, including risk of injury or death, that may be associated with, or result
from, minor’s participation in PS activities.

                                                                                      (          )


CONTINUATION OF OBLIGATIONS: I hereby agree, for myself and my spouse, assigns,
licensees, sublicensees, heirs, executors, employees, agents, independent contractors,
representatives, attorneys, and successors-in-interest, that the provisions of this Release of
Liability and Waiver Agreement shall continue in full force and effect now and at all future times
when minor is involved in PS activities.

                                                                                      (          )

ENFORCEABILITY: I agree that if any portion(s) of this Release of Liability and Waiver
Agreement is found to be unenforceable or against public policy, only that portion shall fail, and
the remaining provisions shall remain in full force and effect.

                                                                                      (          )


LEGAL RIGHTS: I hereby expressly waive and relinquish any and all rights and benefits
conferred upon me, my spouse, assigns, licensees, sublicensees, heirs, executors, employees,
agents, independent contractors, representatives, attorneys, and successors-in-interest by the
provisions of California Civil Code § 1542 and expressly consent that this Release of Liability
and Waiver Agreement shall be given full force and effect according to its express terms and
provisions, including those relating to unknown and unsuspected claims, demands and causes of
action, if any, as well as those relating to any risks contemplated by this Release of Liability and
Waiver Agreement hereinabove specified. Section 1542 provides:




RELEASE OF LIABILITY AND WAIVER AGREEMENT         3
               "A general release does not extend to claims which the creditor
               does not know or suspect to exist in his or her favor at the time
               of executing the release, which if known by him or her must
               have materially affected his or her settlement with the debtor."


Having been so apprised, I, on behalf of myself, my spouse, assigns, licensees, sublicensees,
heirs, executors, employees, agents, independent contractors, representatives, attorneys, and
successors-in-interest, nevertheless hereby voluntarily elect to and do waive the rights described
in California Civil Code § 1542 and elect to assume all risks previously set forth in this Release
of Liability and Waiver Agreement.

                                                                                    (           )


I HAVE READ THIS RELEASE OF LIABILITY AND WAIVER AGREEMENT AND
UNDERSTAND THE TERMS USED IN IT AND THEIR LEGAL SIGNIFICANCE. THIS
RELEASE OF LIABILITY AND WAIVER AGREEMENT IS FREELY AND
VOLUNTARILY GIVEN WITH THE UNDERSTANDING THAT RIGHT TO LEGAL
RECOURSE AGAINST PS IS KNOWINGLY RELINQUISHED IN RETURN FOR
ALLOWING MINOR TO PARTICIPATE IN PS ACTIVITIES. MY SIGNATURE ON THIS
DOCUMENT IS INTENDED TO BIND NOT ONLY ME, BUT ALSO MY SPOUSE,
ASSIGNS, LICENSEES, SUBLICENSEES, HEIRS, EXECUTORS, EMPLOYEES, AGENTS,
INDEPENDENT CONTRACTORS, REPRESENTATIVES, ATTORNEYS, AND
SUCCESSORS-IN-INTEREST.

I ACKNOWLEDGE, FOR ME, MY SPOUSE, ASSIGNS, LICENSEES, SUBLICENSEES,
HEIRS, EXECUTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS,
REPRESENTATIVES, ATTORNEYS, AND SUCCESSORS-IN-INTEREST, THAT THIS
RELEASE OF LIABILITY AND WAIVER AGREEMENT SUPERSEDES ALL PRIOR ORAL
AND WRITTEN UNDERSTANDINGS AND AGREEMENTS. I ALSO ACKNOWLEDGE
FOR ME, MY SPOUSE, ASSIGNS, LICENSEES, SUBLICENSEES, HEIRS, EXECUTORS,
EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, REPRESENTATIVES,
ATTORNEYS, AND SUCCESSORS-IN-INTEREST THAT NO REPRESENTATIONS,
PROMISES, CONDITIONS, OR WARRANTIES WITH REFERENCE TO THE EXECUTION


RELEASE OF LIABILITY AND WAIVER AGREEMENT        4
OF THIS RELEASE OF LIABILITY AND WAIVER AGREEMENT HAVE BEEN MADE OR
ENTERED INTO OTHER THAN AS HEREIN EXPRESSLY PROVIDED. ANY
MODIFICATION OF THIS RELEASE OF LIABILITY AND WAIVER AGREEMENT MUST
BE IN WRITING.




           Minor Participant’s Signature              Date




          Parent/Legal Guardian’s Signature           Date




RELEASE OF LIABILITY AND WAIVER AGREEMENT     5

				
DOCUMENT INFO