Participant Waiver, Assumption of Risk, and Release of Liability
PLEASE READ CAREFULLY – BY SIGNING THIS DOCUMENT YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE SPORT OR RECREATIONAL OPPORTUNITY OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER’S ORDINARY NEGLIGENCE THAT ARE A RESULT OF THE PROVIDER’S FAILURE TO EXCERCISE REASONABLE CARE.
In consideration of my participation in a Flash Fit retreat and associated events and activities (collectively referred to as “Retreat”) and the services of Flash Fit, its owner, officers, volunteers, participants, employees, sponsors, and all other persons or entities acting in any capacity on its behalf, I, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate (collectively referred to as “Participant”), hereby agree to release and discharge Flash Fit as follows:
1. Waiver of Liability and Release. Participant does hereby release and forever discharge Flash Fit from any and all liability, claims, and causes in action, which arise or may hereafter arise or are in any way connected to Participant’s involvement in a Retreat. Participant understands that this Agreement discharges Flash Fit from any liability or claim that the Participant may have against Flash Fit with respect to any bodily injury, personal injury, illness, death, or property damage that may result from Participant’s involvement in a Retreat, whether caused by the negligence of Flash Fit, or otherwise. Participant also understands that Flash Fit does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness.
Participant understands and acknowledges that the Activities in which Participant will voluntarily engage in at a Retreat bear certain known inherent Risks that contribute to the unique character of these Activities, and that Flash Fit cannot eliminate, alter, or control these inherent risks. These Risks include those inherent in running, hiking, as well as those inherent in backcountry and/or beach recreational activities.
2. Indemnification and Hold Harmless. Participant hereby agrees to indemnify and hold harmless Flash Fit from any liability, claims, and causes in action, which are in any way connected to Participant’s involvement in a Retreat, or use of Flash Fit facilities or equipment, including any such claims which allege negligent acts or omissions of Flash Fit.
3. Medical Care. Participant does hereby release and forever discharge Flash Fit from any liability, claims, and causes in action that arise or may hereafter arise on account of any first aid, treatment, or service rendered or not rendered in connection with the Participant’s involvement in a Retreat.
4. Certification and Assumption of Risk. Participant hereby certifies that he/she is physically fit, has trained sufficiently for participation in the Retreat and has not been advised otherwise by a qualified medical person. Participant agrees that Flash Fit is not qualified to evaluate Participant or Participant’s fitness for involvement in the Retreat. Participant must determine if he or she is sufficiently fit to participate. Participant hereby expressly and specifically assumes the risk of injury or harm in the Participant’s involvement in the Retreat, including, but not limited to all Risks. Participant agrees that his/her involvement in the Retreat is purely voluntary, and Participant elects to participate in the Retreat despite the Risks.
5. Definitions. “Activities” include but are not limited to the following activities which may be provided and/or sponsored by Flash Fit: trail and/or road running, hiking, challenge course participation, excursions, transportation in Flash Fit or other vehicles, training, classes, instruction, traveling to and from the Retreat, and all other activities associated with the Retreat. Risks include, but are not limited to those known risks inherent to the Activities specifically listed below, vehicular travel and traffic, road and trail conditions, known and un- known health conditions, allergies, sudden weather changes, rain, snow, wind, hail, lightening, high altitude or motion sickness, dehydration, heat stroke, snake bite, bee and other insect stings and/or bites, wild and domestic animals, inaccessibility to immediate medical attention, falling rocks and trees, equipment failure, driver error, rider error, Participant error, food provided, facilities, actions of other people. Participant is aware of the many risks involved in athletic training in general and running training specifically, which include by way of example and not limitation: 1) minor injuries such as scrapes, bruises, sprains and strains, 2) more serious injuries such as joint, muscle and bone injuries, concussions and other head injuries, heat related injuries such as heat stroke and heat exhaustion, dehydration and over hydration conditions such as hyponatremia, and catastrophic injuries and conditions such as heart attacks and other conditions or injuries which could be fatal.
Risks inherent in trail recreational activities include but are not limited to sudden weather changes, rain, snow, wind, hail, lightning, Participant’s physical condition and physical exertion for which Participant is not prepared, hypothermia, hyperthermia, dehydration, heat stroke, snake bite, bee stings, insect bites and/or stings, wild and domestic animals, distance and inaccessibility to immediate medical attention, travel over rough terrain, falling rocks and trees.
6. Personal Property. Participant acknowledges and agrees that he/she is responsible for his/her equipment and all personal property during the Retreat and that Flash Fit is not responsible in any way for such property whether it is lost, stolen or damaged.
7. Photographic Release. Participant does hereby grant and convey unto Flash Fit all right, title and interest in any and all photographic images, video or audio recordings made by Flash Fit during the Retreat, including but not limited to royalties, proceeds, or other benefits derived. Participant authorizes Flash Fit to use such images, words, and likenesses for marketing, on websites, in brochures or other writings and any for any other legitimate purpose.
8. Interpretation and Governing Law. This document shall be construed broadly to provide a release and waiver to the maximum extent permitted under law. If any portion of this document shall be held as invalid it is agreed that the balance shall continue to be in full force and effect.
This document shall be governed by the laws of the State of Virginia, as applicable.
