Terms and Conditions

WAIVER AND RELEASE OF LIABILITY AGREEMENT
In consideration of being allowed to participate in the physical training class(es), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I, __________________________________, hereby understand and agree to terms of this Waiver and Release of Liability Agreement (this “Agreement”), as set forth below:
1. Express Assumption of Risk: I am aware that there are significant risks involved in any physical training regimen. These risks include, but are not limited to: (i) falls that can result in serious injury or death; (ii) injury or death due to negligence on the part of myself, my training partner, and/or other people around me; or (iii) injury or death due to improper use or failure of equipment. Injury may also result simply from the fact of physical training itself, by its very nature, seeks to have me push myself beyond my limits in order to produce physical adaptation of my body. This requires feedback from me to my trainer and coaches regarding what is happening with my body. Excessive work can result (in rare cases) in what is known as “exertional rhabdomyolysis”. I should look for signs of excessive soreness, darkened urine, and pain in the kidney areas in the days following particularly intense training. While this type of injury is relatively rare, it can occur due to a number of factors, including (but not limited to) genetic predisposition or dehydration, that may be beyond the control of my trainer/coach. I acknowledge and agree that it is my responsibility to determine whether or not I am sufficiently fit and healthy enough to participate in such activities, and I expressly acknowledge that participation in the physical training class(es) is voluntary. I fully understand and acknowledge that any of the above mentioned risks may result in serious injury or death to myself and or my partner(s). I assume and accept full responsibility for the risks that I am exposing myself to and for any injury or death that may result from my participation in any activity while training at Battle Republic.
2. Release of Liability: Knowing the dangers, hazards and risks of training, and in consideration of being allowed to participate, I, for myself and my spouse, legal partner, children, parents, guardians, heirs, assigns, personal representatives, and estate, do hereby completely and fully release, remise, acquit, and discharge forever BATTLE REPUBLIC ONE, LLC, an Alabama limited liability company (“Battle Republic”), its affiliates, members, directors, partners, agents, volunteers, employees, and any and all other persons and entities acting in any capacity on their behalf (collectively, the “Battle Parties”), from any and all claims, demands, actions, causes of action, rights to action, suits, damages, expenses (including, without limitation, attorney’s fees and costs), compensation and liability of every kind, character and description, either direct or consequential, at law or in equity, which any party hereto may now have or may have had at any time heretofore, or may have at any time hereafter, or arising from, resulting from, or in any manner growing out of or incidental to any and all matters related to my participation and membership in Battle Republic, including those allegedly attributed to any negligent acts or omissions of the Battle Parties. This Agreement shall be binding upon me, my spouse, legal partner, children, parents, guardians, heirs, assigns, personal representatives, and estate.
3. Indemnification: I hereby agree to indemnify, hold harmless, and defend the Battle Parties from and against any and all losses, liabilities, claims, obligations, actions, judgments, costs, damages, and expenses, including, but not limited to, any and all attorneys' fees, brought against or incurred by the Battle Parties as a result, whether in whole or in part, of my conduct and/or participation in the activities offered by Battle Republic. I further expressly agree to indemnify and hold harmless the Battle Parties from any further claims, demands or actions that may subsequently be brought by any other persons on the account of damages of any character resulting to me in any way from the activities offered by Battle Republic.
4. Miscellaneous: I hereby warrant that I have read this Agreement in its entirety and fully understand its contents. I am aware that this Agreement releases the Battle Parties from liability and
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contains an acknowledgement of my voluntary and knowing assumption of the risk of injury. I have signed this document voluntarily and of my own free will. I agree that this Agreement shall be interpreted as broadly and inclusively as permitted by the laws of the State of Alabama. If any portion is held invalid, I agree that the remainder shall continue in full force and effect. I have had a reasonable and sufficient opportunity to read and to understand this entire document and to consult with legal counsel or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein. I am not relying on any representations, statements, or inducements, apart from the foregoing.
Signature:
Print Name:
Date and Phone Number:
TO BE COMPLETED IF PARTICIPANT IS A MINOR (UNDER 18 YEARS OF AGE):
I, , represent that I am the parent or legal guardian of the above- named participant, and hereby consent to their participation in the physical training class(es) at Battle Republic. In consideration therefore, I agree to be bound by the terms and conditions of this Agreement. I specifically agree to indemnify, hold harmless, and defend the Battle Parties from and against any loss, liability, damages, actions, claims, expenses, costs and attorney’s fees, including any brought by, on behalf of, caused by the above-named participant.
If I am signing on behalf of a minor, I give full permission for any person connected with Battle Republic to administer first aid deemed necessary, and in case of serious illness or injury, give permission to call for medical and or surgical care for the minor and to transport the minor to a medical facility deemed reasonably necessary for the well- being of the minor.
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