Release and Waiver of Liability and Indemnity Agreement
(Read carefully before signing up)
In consideration of being permitted to participate in any way in the Younger Than Last Year program/classes and/or being permitted to enter for any purpose any restricted area (herein defined as any area wherein admittance to the general public is prohibited) the student or guests named below agree:
1. If the student, parent or legal guardian(s) participating in the exercise classes believes anything is unsafe the participant should immediately advise the officials of such condition and refuse to participate. I understand and agree that, if at any time I feel anything to be unsafe, I will immediately take all precautions to avoid the unsafe area and refuse to participate further.
2. I/We fully understand and acknowledge that:
a. There are risks and dangers associated with participation in strength and conditioning activities, which could result in bodily injury.
b. These risks and dangers may be caused by the action, inaction, or negligence of the participant or the action, inaction or negligence of others, including but not limited to the releasee’s named below.
c. There may be other risks not known to us or are not reasonably foreseeable at this time.
3. I/We accept and assume such risks and responsibilities for the losses and/or damages following such injury, however caused or whether caused in whole or part by the negligence of the releasee’s name below.
4. I/We HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Younger Than Last Year, leasees of premises used to conduct Younger Than Last Year events or programs, premises and event inspectors, underwriters, consultants and others who give recommendations, directions or instructions to engage and risk evaluation or loss control activities regarding Younger Than Last Year, or events held at such facility and each of them, their directors, offers, agents, employees, all for the purpose herein referred to as
“releasee.” From all liability to the undersign, my/our personal representatives, assigns, executors, heirs and next of kin for any and all claims, demands, losses or damages and any claims or demands therefore on account of any injury, including but not limited to the death or a participant or damage to property, arising out of or relating to the event (s) caused, alleged to be caused, in whole or in part, by negligence of the releasee or otherwise.
5. I/We HEREBY acknowledge that THE ACTIVITIES OF THE EVENT (S) ARE DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of the UNDERSIGNED also expressly acknowledge that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATION OR PROCEDURES OF THE RELEASEES. It is further advised that student has their doctor’s permission before beginning the strenuous Younger Than Last Year LLC exercise program.
6. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
7. On behalf of the participant and individually, the undersigned partner(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite the release the participant makes a claim against any of the Releasees, the parent(s) and/or legal guardian(s) will reimburse the Releasee for any money which they have paid to the participant, or on their behalf, and hold them harmless.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTENDED MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.