Innate Fitness LLC member/participant acknowledgment, assumption of risk, full release from liability, and image and video release
In consideration of the services of Innate Fitness LLC, I hereby agree, on behalf of myself and my employees, agents, representatives, guardians, successors, children, heirs, assigns, next of kin, personal representatives, and estate (the “Related Parties”), to release, indemnify, and discharge Innate Fitness LLC, its agents, members, manager, officers, volunteers, participants, employees, independent contractors, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as "Innate"), as follows:
I acknowledge that my participation in Innate’s activities involves the inherent risk of physical injuries or other damages, including but not limited to: heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heart prostration, knee/lower back/foot injuries and any other illness, soreness or injury however caused, occurring during or after participant participation in the activities. I further acknowledge that such risks include, but are not limited to, injuries caused by the active or passive negligence of Innate, defective or improperly used equipment, over-exertion by me, slip and fall by me, or an unknown health problem of mine.
I expressly assume all risk and responsibility that may result from my participation in Innate programs and physical activities. My participation in these activities is purely voluntary, and I elect to participate with knowledge of the risks. I affirm that I am in good physical condition and do not suffer from any disability that would prevent or limit participation in the physical activities. I acknowledge that participation will be physically and mentally challenging, and I agree that it is my responsibility to seek competent medical or other professional advice, regarding any concerns or questions involved with my ability to take part in Innate activities. By agreeing to this statement, I assert that I am capable of participating in the physical activities. I agree to assume all risk and responsibility for not exceeding my physical limits.
I hereby voluntarily release and indemnify Innate from any and all liability to me and the Related Parties for all claims, damage, demands, or causes of action for personal injury, death, or property damage, which are in any way connected with my participation in Innate’s programs or my use of Innate’s equipment or facilities. This release includes, without limitation, any personal injury, death, or property damage caused by the active or passive negligence of Innate. I agree to bear sole responsibility for any loss.
I understand and acknowledge that this release of liability applies to and includes all unknown or unsuspected consequences or results arising from or relating to my participation in Innate’s programs. I have read the contents of California Civil Code §1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." I, for myself and my Related Parties, expressly waive any and all rights and benefits under California Civil Code §1542.
I also give Innate Fitness LLC permission to interview me and/or to use my name, image, likeness, and voice in photos, slides, video, voice recorded productions, radio coverage, television coverage and/or any other media, now and in the future, in perpetuity, for the purpose of promoting, advertising, and marketing Innate Fitness LLC, and for other use by Innate Fitness LLC. I will make no monetary or other claim against Innate Fitness LLC for such use.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Innate on the basis of any claim from which I have released them herein. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. I acknowledge that Innate is materially relying on this waiver in allowing me to engage in its programs and use its facilities.
Signature of Participant (if Participant is 18 years of age or older):
*If Participant is under 18 years of age:
I represent and warrant that the Participant is my child. I am entering into this agreement on his or her behalf. I represent and warrant that I have the legal authority to do so. I further agree to release and indemnify Innate from any and all claims which are brought by or on behalf of my child and which are in any way connected with his or her participation in Innate’s programs and facilities.
Signature of Participant’s Parent: