I have voluntarily enrolled in a: RUNNING CLUB, Fitness Program, Training System, Sports Races, and/or Sports Coaching Program (the “Activity or Activities”) offered through KLANDESTINO RUNNERS, LEON SPORT and/or its sports coaches (the “Company or Released Parties”).
1. I warrant and represent that I either have participated in similar physical activities before, and/or recognize and can reasonably foresee that all the Activities above may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities.
2. I hereby affirm that I am in adequate and fit physical condition to perform the Activity and do not suffer from any known disability or condition which would prevent or limit my participation in this Activity. I have been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program or initiating a substantial change in the amount of regular physical activity performed. If I have chosen not to obtain a physician’s consent prior to beginning this fitness program, I hereby agree that I am doing so solely at my own risk. I understand that it is my sole responsibility to determine whether or not to participate in exercises that are appropriate for the current status of my health. If I have any questions or concerns about whether or not a particular activity is appropriate for my current health status, I understand that it is my responsibility to ask a physician if this activity is appropriate before I undertake in such activity.
3. I have been informed, understand, and am aware that strength, flexibility, and aerobic exercise, including the use of equipment, are potentially hazardous activities that may be required when undertaking the Activity.
4. I also have been informed, understand, and am aware that fitness activities involve a risk of injury and that I am voluntarily participating in these activities and using equipment with full knowledge, understanding, and appreciation of the dangers involved, inclusively when undertaking the Activity.
5. In consideration of permitting me to participate in the Activity I HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS the Company, their instructors, principals, members, employees, affiliates, owners, subsidiaries, directors, representatives, successors, predecessors, partners, officers, agents, assigns, servants, insurers, participants, and all other persons, firms, partnerships, or corporations connected therewith (all of whom collectively referred to as the “Released Parties”) from any and all liability, claims, demands, suits, actions, costs, expenses, medical fees, attorneys’ fees, loss and damage arising out of my participation, including but not limited to, such claims that may result from my injury or death during or arising in any way from the Activities and from entering the premises where the Activity is to be undertaken, and whether that injury or death – whether foreseeable or not – may result from my own negligence, or the negligence of Released Parties; and, hereby take action for myself, my assigns, executors, administrators, heirs, next of kin, successors, representatives, guardians and assigns, as follows:
i. I RELEASE, WAIVE, FOREVER DISCHARGE AND COVENANT NOT TO SUE Released Parties from any and all responsibility or liability for injuries to the person or property of the undersigned incurred as a result of participation in the Activities, whether caused by the negligence of the Released Parties, or others acting on their behalf or in their interest. This release shall also include injuries, death or damages arising from any failure or defect in design of equipment and/or products.
ii. I hereby agree to indemnify, hold harmless, and defend the Released Parties from any and all claims, charges, disputes, demands, suits, debts, causes of action, rights of action, sums of money, dues, accounts, fault, liabilities, expenses, damages, losses, which arise from or may otherwise result in any manner from my participation in the Activities, even if such actions, suits, claims, demands or expenses are due partially or wholly to negligent acts or omissions of the Released Parties or the negligent or intentional acts of any third party.
iii. I hereby expressly agree that this Release and Waiver is intended to be as broad and inclusive as permitted by the internal laws of the State of Florida and that if any portion hereof is held invalid, it is agreed that the balance shall continue in full legal force and effect.
iv. I, being of lawful age, or acting on the behalf of a minor/child for whom I represent and warrant I have legal authority to execute contracts, do for myself and, if applicable, such minor/child, and our respective assigns, executors, administrators, heirs, next of kin, successors, representatives, and guardians hereby release and forever discharge Released Parties, from any and every claim, demand, action or right of action, of whatsoever kind of nature, arising from or by reason of any bodily injury or death which may occur as a result of my participation in the Activities. The reference to “I” in this document shall be construed to refer to all adult signatories as well as the minors for whom they may be acting.
v. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during the Activities. I further state that: I have been provided an ample opportunity to read, and have carefully read, the foregoing Release and Waiver, and know the contents thereof and have signed this Release and Waiver as my own free act, and; this Release and Waiver shall be binding upon me and upon my assigns, executors, administrators, heirs, next of kin, successors, representatives, and guardians. I understand and agree that if I, or anyone on whose behalf I am acting, initiates any suit of action at law against any of the Released Parties for any loss or injury, no matter how minor or severe, to my person or property or the person or property of the person for whom I am acting, that this document will be used in court. I also understand that by signing this form, I am voluntarily giving up any right I might have to sue or make a claim which I might have or which might subsequently arise or occur in connection with participating in the Activities and which rights may be substantial.