The undersigned, and minor for whom the undersigned is responsible, are referred to as “Participant.”
Participant has no physical or mental condition that would impair Participant’s ability to participate in the Activity safely.
Participant will comply with all terms and conditions for participation in the Activity, including any rules, regulations, or requirements of Edge Fitness.
Participant agrees to accept all Edge Fitness equipment for use “AS IS.”
THE RISKS ASSOCIATED WITH THE ACTIVITY ARE SIGNIFICANT, including the potential for INJURY, DISABILITY, AND DEATH OR OTHER LOSS OR DAMAGE TO PERSON OR PROPERTY. However, compliance with any rules, regulations, or requirements of Edge Fitness and use of helmets and other appropriate safety equipment will minimize risk. PARTICIPANT KNOWINGLY AND FREELY ASSUMES THE RISKS OF PARTICIPATION IN THE ACTIVITY, KNOWN AND UNKNOWN, AND ASSUMES FULL RESPONSIBILITY FOR HIS OR HER OWN PARTICIPATION AND/OR THAT OF A MINOR PARTICIPANT.
PARTICIPANT RELEASES AND HOLDS HARMLESS EDGE FITNESS, AND ANY PERSON OR ENTITY ACTING IN CONCERT WITH EDGE FITNESS (THE “RELEASED PARTIES”), FOR ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, KNOWN OR UNKNOWN, FOR INJURY, DISABILITY, DEATH, OR OTHER LOSS OR DAMAGE TO PERSON OR PROPERTY RESULTING IN WHOLE OR IN PART DUE TO THE ACTIVITY. THIS INCLUDES CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE (BUT NOT GROSS NEGLIGENCE OR WANTON MISCONDUCT), BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED WARRANTY, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE.
PARTICIPANT AGREES TO INDEMNIFY THE RELEASED PARTIES FOR ALL COSTS, INCLUDING ATTORNEYS’ FEES OR FINES, INCURRED BY ANY RELEASED PARTY WITH RESPECT TO ANY CLAIMS ARISING OUT OF PARTICIPANT’S BREACH OF THIS AGREEMENT, PARTICIPATION IN THE ACTIVITY, OR ANY ACTION TAKEN BY EDGE FITNESS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED, OR IN DEFENDING AN INVESTIGATION, CLAIM, OR LAWSUIT BROUGHT BY OR ON MY BEHALF, WHETHER ARISING IN WHOLE OR IN PART FROM PARTICIPATION IN THE ACTIVITY.
Participant authorizes a licensed physician or other medical care provider to carry out any emergency medical care for Participant that may be necessary because of the Activity and agree to be fully responsible for any costs associated with such care or transport to such care.
Participant grants the Released Parties the right of publicity to own and use any image collected during the Activity.
Participant agrees that all claims arising from participation in the Activity shall be governed by the laws of South Carolina and that exclusive jurisdiction of any such claim shall be in a court of competent jurisdiction in South Carolina.
By signing this Agreement, Participant represents, under penalty of fraud that he or she is at least 18 years old. By on behalf of a minor, the undersigned represents that he or she is authorized to sign on Participant’s behalf and/or is the parent or legal guardian of the minor participant and acknowledges that Participant is bound by all the terms of this Agreement.
Participant is not relying on any oral or written representations or statements made by the Released Parties with respect to the safety of the Activity other than what is set forth in this Agreement.
