Please read the following carefully. There are numerous activities the Participant will be able to participate in while a participant/member at HammerZone Sports and/or HammerZone Fitness. This Assumption of Risk and Release Agreement (“Agreement”) contains important information and releases. If you have any questions about this Agreement, please contact us at
[email protected].
This document and all its provisions will apply to the entire immediate family of the person accepting the waiver as both children and parents/guardians may participate in activities at HammerZone. For purposes of this document, the term “Participant” will mean and include the entire immediate family of the adult accepting the document.
I understand that, as a Participant at HammerZone Sports and/or HammerZone Fitness (“HammerZone”) operated by HammerZone Sports LLC and/or HammerZone Fitness LLC (hereinafter, “Operator”), the Participant will be involved in activities with the risk of injury or death to the Participant or damage to personal property. Some of the activities which give rise to these risks include, but are not limited to: athletic training, strength training/weight lifting, speed and strength training, and sport specific activities related to (but not limited to) baseball, softball, lacrosse, and soccer.
I certify that I am the legal guardian and/or the parent of the Participant who will be participating in HammerZone activities. I certify that I have the authority to accept/sign this document on the minor Participant’s behalf. I certify I am accepting this document/waiver on behalf of all parents and guardians of the Participant. I acknowledge that I know and understand that all waivers, releases, assumptions of risk and terms of this Agreement will apply to the Participant, and/or to myself as well as other immediate family members.
I certify that the Participant has no physical or mental condition or medical condition that prevents the Participant from participating in HammerZone activities. I will provide written documentation of any activities which the Participant is not permitted to participate in to the HammerZone staff prior to the Participant’s first visit to HammerZone. Correspondences should be sent to [email protected].
Being aware of the risks involved, the Participant is allowed to voluntarily participate in HammerZone activities, including but not limited to those previously set forth. I understand that the waivers, releases and assumptions of risk herein contained are in consideration of and part payment for the right to participate in these activities and HammerZone.
I EXPRESSLY, WILLINGLY AND VOLUNTARILY, ON MY BEHALF (AS A PARENT, GUARDIAN OR VOLUNTEER) AND ON BEHALF OF THE PARTICIPANT, ASSUME FULL RESPONSIBILITY FOR ALL RISKS OF ANY AND EVERY KIND INVOLVED WITH OR ARISING FROM THE PARTICIPANT’S PARTICIPATION IN HAMMERZONE ACTIVITIES OF ANY KIND, WHETHER ORGANIZED BY THE OPERATOR OR BY OTHER PARTICIPANTS.
I DO FURTHER WAIVE AND RELEASE ANY CLAIMS THAT MAY BE RELATED IN ANY MANNER TO BEING EXPOSED TO OR BEING AFFECTED BY ANY ILLNESS OR DISEASE, INCLUDING, BUT NOT LIMITED TO COVID-19 OR ANY OTHER ILLNESS AS A RESULT OF ATTENDING HAMMERZONE OR PARTICIPATING IN ANY ACTIVITY RELATING TO HAMMERZONE. I UNDERSTAND THAT OPERATOR CANNOT CONTROL OR JUDGE THE HEALTH OF ANY OTHER PERSONS OR PARTICIPANTS OR RELEASED WHO MAY CAUSE EXPOSURE OF A PARTICIPANT TO ILLNESS, INCLUDING THE MANDATING OR LACK OF MANDATING OF MASK WEARING WHILE AT HAMMERZONE.
THE PARTICIPANT SHALL NOT ATTEND HAMMERZONE ON ANY DAY WHERE THE PARTICIPANT HAS HAD A FEVER OF 100 DEGREES OR HIGHER IN THE 24 HOURS PRECEEDING SUCH DAY, ON ANY DAY WHERE THE PARTICIPANT IS EXHIBITING SYMPTOMS OF COVID-19 OR ANY OTHER ILLNESS. PARTICIPANT MUST ADHERE TO CURRENT CDC GUIDELINES. THE PARTICIPANT AGREES TO SUBMIT TO QUESTIONING RELATED TO THE FOREGOING BY OPERATOR WHILE AT HAMMERZONE, PROVIDED THAT OPERATOR SHALL HAVE NO RESPONSIBILITY FOR CONFIRMMING THE FOREGOING FOR PARTICIPANT OR ANY OTHER PERSON ATTENDING OR WOKING AT HAMMERZONE.
The PARTICIPANT releases the Operator and all of its officers, trustees, employees and agents not to initiate litigation on account of or in connection with any claims, causes of action, injuries, illnesses, damages, and/or cost of expenses arising out of the activities involved in a private retreat, including, but not limited to, those claims, causes of action, injuries, illnesses, damages, and/or cost of expenses based on death, bodily injury, or property damage, unless caused solely by the gross negligence or willful misconduct of the party being released
The PARTICIPANT agrees to indemnify and defend Operator, and all of its officers, trustees, employees and agents (hereinafter jointly referred to as “indemnitee”) against, and hold them harmless from, any and all claims, causes of action, damages to or destruction of any property of the indemnitee or any others, injury or death that may result to the PARTICIPANT, the PARTICIPANT’s child, or anyone else.
The PARTICIPANT enters into this agreement for him/herself, the Participant, his/her heirs, assigns and legal representatives.
The PARTICIPANT warrants to the Operator and the HammerZone that the Participant is covered by health insurance, and that the Operator is relying on this warranty as a condition of Participant’s participation at HammerZone.
I understand and agree that the Operator may not be able to provide medical personnel at all athletic events. I hereby give my consent to have an athletic trainer, a fellow participant, an adult supervisor, emergency medical personnel, and/or a Doctor of Medicine or dentistry or associated personnel to provide Participant with medical assistance and/or treatment and agree to be financially responsible for the cost of such assistance and/or treatment. I also agree to save and hold harmless and indemnify Operator from all liability, loss, cost, claim, lawsuit, or damage, whatsoever, including injury, death, or property damage, which may be imposed upon Operator because of any defect in or lack of such capacity to so act or caused or alleged to be caused in whole or in part by the negligence of the released parties.
ACKNOWLEDGEMENT. THE PARTICIPANT HAS READ AND UNDERSTANDS THIS AGREEMENT AND REALIZES IT RELATES TO SURRENDERING AND RELEASING VALUABLE LEGAL RIGHTS AND DOES SO FREELY AND VOLUNTARILY.
MEDIA RELEASE
Some phases of HammerZone will be photographed, videotaped, recorded and/or filmed for news, brochures, television, presentations, etc. As a condition of participation, Participant irrevocably authorizes HammerZone to copyright and/or publish any and all photographs, videotapes, recordings and any other form of visual/audio communications in which Participant appears. Participant further irrevocably authorizes HammerZone to use such items for any promotional materials, websites, social media sites and for art and advertising purposes without limitation or reservation. No compensation will be payable by HammerZone in connection with any of the foregoing.
