TERRIER FITNESS WAIVER
1. In consideration for receiving permission to participate in a Terrier Fitness workout, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Terrier Fitness, LLC., the Board of Trustees, their officers, agents, or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activity, while in, on or upon the premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law. 2. I am fully aware of the risks and hazards connected with the activities of swimming, cycling, running or any fitness related event, and I am aware that such activities include the risk of injury and even death, and I hereby elect to voluntarily participate in said activities, knowing that the activities may be hazardous to my property and me. I understand that Terrier Fitness does not require me to participate in this activity. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such an activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law. 3. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys' fees that Releases may incur due to my participation in said activities, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law. 4. It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of New York and Florida and that any mediation, suit, or other proceeding must be filed or entered into New York and Florida and the federal or state courts of New York and Florida. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same. I, on my own behalf, consent to participate in the workout, team or camp indicated, and participate in all of the activities, as directed by the coach. I understand that I may attend scheduled workouts as applicable for the activity entering. I understand that with any injury to myself, Terrier is not held responsible for my injuries, and agree not to hold Terrier or any of its employees responsible for any expenses or damages incurred as a result injury. I understand that it is necessary for myself to have an approved medical clearance before trying out, practicing or competing in Terrier workouts. I agree to inform Terrier of any change in my medical or physical condition which develops or is discovered at any time after the date this document is signed. I agree that in the event of injury or illness, the staff member in charge of the team may act in my behalf and at my expense in obtaining medical treatment for myself. I realize that the primary insurance coverage, if any injury should occur, would be my responsibility. I understand that I am to travel to and from all scheduled practices and competitions at my own risk. Further, neither Terrier, drivers, nor coaches will be liable to any suit whatsoever resulting from any or in any of the practices, games, or travel.