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Community Health and Fitness Liability Waiver (3425)
WAIVER AND RELEASE OF LIABILITY,
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
IN CONSIDERATION of Community Health and Fitness allowing me to participate in any Community Health and Fitness e (the “Event” or “Events”) as a member of Community Fit or in event sanctioned by Community Health and Fitness; I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”);
I hereby represent that (i) I am in good health and in proper physical condition to participate in the Event; and (ii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event.
I understand and acknowledge the physical and mental rigors associated with exercise, weight lifting and other portions of such activity are inherently dangerous and represent an extreme test of a person’s physical and mental limits. I understand that participation involves risks and dangers which include, without limitation, the potential for serious bodily injury, permanent disability, paralysis and death; loss or damage to property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, spectators, vehicles or other natural or man-made objects; dangers arising from adverse weather conditions; imperfect course conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Community Health and Fitness; and other undefined harm or damage which may not be readily foreseeable, and other presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inaction, the actions or inaction of others participating in the Event, or the acts, inaction or negligence of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in Community Health and Fitness.
I agree to be familiar with and abide by the Rules and Regulations established by Community Health and Fitness. I also accept sole responsibility for my own conduct and actions while participating in Community Fit, and the condition and adequacy of my equipment.
I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: Community Health and Fitness, Community Health and Fitness employees, the Event Organizers and Promoters, Race Directors, Sponsors, Advertisers, Host Cities, Local Organizing Committees, Venues and Property Owners upon which the Event takes place, Law Enforcement Agencies and other Public Entities providing support for the Event, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorney’s fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate to my participation in the Event, including claims for Liability caused in whole or in part by the negligence of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liability which any may be incurred as the result of such claim.

sponsors,  holds,  and  participates  in  events,  practices,  clinics,  competitions,  triathlons  and   similar  activities  (“Event(s)”)  from  time  to  time  that  pertain  or  relate  in  some  way  to  triathlons   or  similar  activities  and/or  its  various  disciplines,  including  swimming,  bicycling,  and  running.    Community Health and Fitness also  provides  coaching,  training  and  instruction  from  time  to  time  to  individuals  in  these   and  other  sporting  activities  (“Activity/ies”).      Participating   in   Activities   and   participating   and   even   attending   Events   may   result   in   property   damage,   personal   injury,   and   even   disability   or   death.      The   Activities   necessarily   involve   tremendous  physical  exertion.    The  actions  of  other  people  who  participate  in  or  attend  Activities   and   Events   are   unpredictable.      Many   known   or   unknown   incidents   or   events   can   cause   or   contribute   to   personal   injury,   and   even   disability   or   death,   while   participating   in   Activities   or   Events,   which   may   or   may   not   be   related   to   the   Activity   or   Event,   such   as   weather   or   motor   vehicle   accidents   during   travel   to   and   from   the   Activity   or   Event.      I/we   am/are   aware   of   the   risks,  known  and  unknown,  that  are  associated  with  participation  or  attendance  of  the  Activities   and/or  Events,  both  on  my  own  account  and  on  behalf  of  all  minors  who  are  listed  below.    All   people   listed will,   at   all   times,   participate   and/or   attend   the   Activities   and   Events   with   complete  knowledge  of  the  risks  and  dangers  involved,  and  agree  to  assume  and  accept  any  and   all  risks  of  property  damage,  personal  injury,  and  specifically  including  disability  or  death.    The   Events  and  Activities  are  entirely  voluntary.          In  permitting  any  minor  to  participate  in  any  Activity  or  Event,  I  do  so  with  full  knowledge  of  the   risks  and  dangers  involved,  and  I  accept,  on  said  minor’s  behalf,  and  on  my  own  behalf,  any  and   all  risks  associated  with  each  and  every  one  of  the  Activities  and  Events.    I  will  not  participate   myself,   nor   will   I   permit   any   minor   listed   below   to   participate,   at   any   time,   in   any   Event   or   Activity,   if   such   person   is   not   completely   healthy,   able   to   handle   the   exertion   without   injury,   disability  or  death,  and  unless  the  person  has  received  medical  clearance  or  authorization  prior   to  participating.      In  consideration  of  participating  and/or  being  allowed  to  participate  or  my  child  participating  in   Events  and  Activities,  I/we  hereby  forever  unequivocally  waive  and  release Community Health and Fitness,  its  members,   officers,   employees,   coaches,   agents   and   volunteers,   from   any   present   and   future   claims   or   causes  of  action  of  any  kind  or  type,  including  but  not  limited  to  negligence  of  Community Health and Fitness  or  any  third   party   beyond   Community Health and Fitness control,   for   property   damage,   personal   injury,   and   specifically   including   disability  or  death,  that  arise  out  of  or  pertain  in  any  way  to:  (i)  any  Events;  (ii)  any  Activities;   and  (iii)  participation  in  or  attendance  of  any  Events  or  Activities.  

 In   addition   to   the   foregoing, I, on   behalf   of   myself   and   minor   child   or   ward, covenant   and
promise not to file any lawsuit against Community Health and Fitness that involves or pertains in any way to any of the claims   or   causes   of   action   that   are   released   or   described   in   this   Agreement   for   which I, individually and on behalf of my minor child or ward, assume all risks, known and unknown, and    
any person claiming by, though, or under myself or minor child or ward.    
   _________  
I understand that neither Community Health and Fitness nor any of its directors, officers, employees, coaches, agents and volunteers will be responsible in any way for any injuries, disability, medical bills, or damages of any kind to me or any of the minors listed below.      
   _________  
I will indemnify Community Health and Fitness and its directors, officers, employees, coaches, agents and volunteers for any   amounts   of   any   kind   that   Community Health and Fitness must pay, or   is   held   liable   for, injuries, disability, death, medical bills, or damages of any kind, and for all legal costs and attorney’s fees related thereto, owed, paid, or awarded to, any of the persons named below or any of their parents, guardians, heirs, executors, administrators or personal representatives, and this Agreement shall be binding on   all  those   persons. Further, I as parent or guardian shall indemnify Community Health and Fitness and its directors, officers, employees, coaches, agents and \volunteers for all   amounts   of   any   kind   that Community Health and Fitness must   pay, or   is   held   liable   for, damages   arising   out   of   any personal   injuries, disability, or death.
   _________  
I irrevocably consent to the unrestricted right to photograph, videotape and otherwise record or document my picture, name, likeness, etc., while participating in any Events, Activity, or any event in which I participate or  is a spectator, and I authorize Community Health and Fitness and any and all other people or corporations, to use, without compensation, all   such   photographs, videotapes, etc.   on   websites, in   magazines, on advertisements, on promotional materials of all types, so long as they are associated with the Activities or Events.        


I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.