TRAINING, WAIVER AND RELEASE AGREEMENT
*
In consideration of being permitted to participate in training and conditioning activities (Training) with Kendrick Sports Training, L.L.C. (KST), the undersigned, on behalf of themselves, the athlete, athlete’s parent(s) or legal guardian(s), assigns, heirs, next of kin and personal representative (Athlete) has read and understands the terms and conditions of this agreement and acknowledges and agrees as follows:
1. The Athlete is in good health, proper physical condition and able to participate in Training. Athlete will disclose any current medical conditions or physical issues that could affect Training. If at anytime the Athlete believes the Athlete, conditions or Facility to be unsafe, Athlete will immediately discontinue Training.
2. The Athlete understands that Training is inherently dangerous and may cause injury or damage, including damage or loss to personal property, serious bodily injury or disability, or death. Athlete assumes all such risk and responsibility for such losses, costs and damages, both known and unknown, arising from any cause or condition, including the sole or gross negligence of KST, its officers, owners, members, agents, employees, independent contractors, volunteers and representatives, and any condition or negligence, including the sole or gross negligence of any training facility (Facility), including its owners, members, agents, employees, independent contractors and representatives.
3. Athlete releases, waives, discharges, covenants not to sue, and will indemnify and hold harmless KST and any Facility, including officers, owners, members, agents, employees, independent contractors, volunteers and representatives, from any and all liability, claims, demands, losses or damages for any and all injuries, disability, death, and/or loss, damage or theft to person or property, arising out of or related to Training, whether arising from the negligence of Athlete, KST, Facility, any other Athletes, or any other individual or entity.
4. Athlete agrees to comply with all directions, instructions and conditions of Training. Failure to comply will result in termination of Training, without refund. Athlete acknowledges that KST has no medical training or education. Athlete gives consent to KST and Facility to seek or perform medical assistance, hospitalization and/or transportation for Athlete to a medical facility for treatment and to be financially responsible for the cost of such transportation, medical assistance or treatment. Athlete acknowledges that KST makes no guaranty of improvement or success of the Athlete as the result of Training.
5. Athlete agrees to pay for all Training session(s) in advance. Athlete must give 24-hour notice of a cancellation. Failure to provide such notice will result in Athlete being charged for such session. In the event KST cancels a Training session, Athlete will not be charged for the session and session may be re-scheduled. Payment is non-refundable. Training sessions are non-transferable. Exceptions may be made for medical concern or documented restriction. All pre-paid Training sessions expire within six (6) months of payment.
6. Athlete authorizes and grants all rights and permission to KST to utilize photos, videos or any other image of Athlete in all forms of printed material, online material including social media, and marketing including but not limited to websites, emails, social media, printed material, etc.
7. The terms and provisions of the Waiver and Release continue in full force and effect following the termination of Training. This Waiver and Release contains the entire agreement between the parties and all prior written and/or verbal agreements.
I HAVE READ THIS WAIVER AND RELEASE AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY.
If Athlete is under 18 years of age, I certify that I, as parent or guardian, have legal custody and responsibility of the Athlete and am authorized to sign this Agreement and consent to and agree to the releases set forth above.
