For and in consideration of FitDips LLC (“FitDips”) allowing the registrant and/or minor participant to participate in FitDips training sessions, strength and conditioning sessions, private lessons, group classes, camps, clinics, seasonal training programs, and other related athletic or fitness activities for which the participant is registering herein (collectively, the “Activities”), I, for myself, and/or on behalf of my child or minor participant, and on behalf of my spouse, children, parent and/or legal guardians, heirs, next of kin, and any legal and personal representatives, executors, administrators, successors, and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Hold Harmless Agreement (the “Agreement”):
1. Participant and parent and/or legal guardian Representation
I hereby represent that:(i) I am at least eighteen (18) years of age, or, if the participant is under eighteen (18) years of age, I am the participant’s parent, natural parent and/or legal guardian, or legal parent and/or legal guardian (the “parent and/or legal guardian”) and have the legal authority to enter into this Agreement on the participant’s behalf; and(ii) I and/or the participant am in good health and in proper physical condition to participate in the Activities.
I understand and agree that it is my sole responsibility to determine whether I and/or the participant is sufficiently fit, skilled, healthy, and physically able to participate in the Activities. I further understand and agree that I am solely responsible for my own safety and well-being, and/or the safety and well-being of the participant, at all times and under all circumstances while at any FitDips training site, facility, field, track, gym, rented venue, school campus, outdoor area, parking area, sidewalk, warm-up area, or other location where the Activities are conducted.
2. Acknowledgment and Assumption of Risk
I understand and acknowledge that participation in strength and conditioning training, athletic performance training, speed training, agility training, sprinting, jumping, bodyweight exercise, resistance training, conditioning drills, plyometrics, private instruction, group sessions, clinics, camps, seasonal programs, and related physical activities is inherently dangerous and may represent an extreme test of a person’s physical and mental limits.
I understand and acknowledge the risks and dangers associated with participation in the Activities, including without limitation:
serious bodily injury;
muscle strains, tears, sprains, cramps, soreness, and overuse injuries;
broken bones, fractures, dislocations, ligament injuries, tendon injuries, and joint injuries;
head injuries, concussions, and traumatic injuries;
sickness, disease, infection, and communicable illness;
permanent disability, paralysis, or death;
emotional stress or mental distress associated with strenuous physical activity;
slips, trips, falls, collisions, and contact with other participants, coaches, spectators, equipment, or structures;
improper or failed use of equipment;
inadequate or malfunctioning equipment;
surface hazards, including track, turf, grass, concrete, asphalt, dirt, indoor flooring, mats, obstacles, holes, debris, or uneven terrain;
weather-related risks, including heat, cold, wind, rain, sun exposure, dehydration, and other environmental conditions;
transportation, arrival, departure, and parking-related risks;
participants of varying ages, sizes, maturity levels, and skill levels;
negligent acts or omissions by other participants or third parties;
situations beyond the immediate control of FitDips, its owners, coaches, staff, contractors, volunteers, or agents;
and other defined, undefined, foreseen, unforeseen, known, unknown, readily apparent, or presently unknown risks and dangers (collectively, the “Risks”).
I understand that these Risks may be caused in whole or in part by my own actions or omissions, the actions or omissions of the participant, the actions or omissions of others, the condition of the premises, the condition of any equipment, or the negligence of the Released Parties as defined below, except to the extent prohibited by law. I hereby expressly and voluntarily assume all such Risks and accept full responsibility for any injury, illness, damage, liability, loss, cost, or expense that I and/or the participant may incur as a result of participation in the Activities, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties.
I further acknowledge and agree that I am solely responsible for my own conduct and actions, and/or the conduct and actions of the participant, while participating in the Activities, as well as the condition and adequacy of any clothing, shoes, athletic gear, personal equipment, or protective equipment used during participation.
3. Release, Waiver, Covenant Not to Sue, and Hold Harmless
I hereby release, waive, discharge, and covenant not to sue FitDips LLC, its owners, members, managers, coaches, trainers, directors, officers, employees, staff, contractors, volunteers, agents, affiliates, facility providers, school sites, venue operators, landlords, licensors, and any other persons or entities acting in any capacity on its behalf (individually and collectively, the “Released Parties”), with respect to any and all liability, claims, demands, causes of action, damages, losses, costs, expenses, attorney’s fees, judgments, or other obligations of any kind or nature whatsoever (“Liability”) that may arise out of, result from, or relate in any way to my and/or the participant’s participation in the Activities, attendance at any Activity site, travel to or from any Activity, or presence at any location where the Activities occur, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties.
I understand and agree that this release includes claims based on negligence, premises liability, personal injury, wrongful death, property damage, negligent supervision, negligent instruction, negligent rescue, or any other theory of recovery, to the fullest extent permitted by applicable law.
I further agree that if I, the participant, or anyone on behalf of either of us makes a claim against any of the Released Parties for any Liability released by this Agreement, I will indemnify, defend, and hold harmless each of the Released Parties from any such Liability, including attorney’s fees and costs, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties.
4. Medical Authorization and Emergency Care
I understand that FitDips does not provide medical insurance for participants and that I am solely responsible for obtaining and maintaining any medical, health, accident, or disability insurance that I deem appropriate for myself and/or the participant.
I hereby authorize FitDips and any of its coaches, staff, contractors, or agents to obtain, secure, and/or provide emergency medical treatment, care, transportation, or assistance for me and/or the participant if, in their judgment, such action is deemed necessary or advisable. I understand and agree that:
FitDips staff may not be physicians, nurses, athletic trainers, emergency medical technicians, or other licensed medical professionals;
medical care may be provided by outside emergency responders, hospitals, urgent care providers, or other medical personnel;
FitDips has no obligation to provide on-site medical care beyond reasonable emergency response efforts;
and I will be solely responsible for any and all medical costs, hospital costs, ambulance fees, treatment expenses, rehabilitation expenses, and other related charges incurred as a result of participation in the Activities or any emergency response.
5. Compliance with Rules, Instructions, and Standards of Conduct
I understand and agree that all participants are expected to act respectfully, exercise good judgment, comply with all safety rules, and follow all coach instructions at all times.
I understand and agree that FitDips reserves the right, in its sole discretion, to suspend, remove, or exclude any participant from any Activity, temporarily or permanently, if the participant engages in unsafe behavior, disruptive conduct, disrespectful conduct, bullying, refusal to follow instructions, misuse of equipment, conduct that endangers self or others, or any conduct that FitDips reasonably determines is inconsistent with the safety, goals, or operations of the program.
I further understand and agree that such removal or exclusion may occur without refund.
6. Photo, Video, and Media Release
As a condition of participation in the Activities, I hereby grant FitDips a limited, royalty-free, worldwide license to use my and/or the participant’s name, likeness, image, photograph, video, voice, athletic performance, testimonial, biographical information, and other identifying material (collectively, the “Likeness”) in any media, platform, format, or medium now known or later developed, including but not limited to websites, social media, digital advertisements, print materials, flyers, promotional videos, newsletters, email marketing, and other educational, promotional, or marketing materials.
I understand and agree that such use may occur without compensation, notice, inspection, or additional approval, and I waive any right to compensation, ownership, or claims arising from such use.
The foregoing grant does not constitute consent for FitDips or any third party to use my and/or the participant’s Likeness in an endorsement of an unrelated third-party product or service without separate written consent.
7. Equipment, Facilities, and Conditions
I understand and agree that the Activities may take place at facilities or locations not owned or controlled by FitDips, including but not limited to public or private schools, tracks, fields, gyms, rented spaces, college facilities, or outdoor locations. I acknowledge that such facilities and locations may have hazards, conditions, limitations, or maintenance issues that are visible or hidden.
I further understand that FitDips may use training aids, equipment, or conditioning tools, including but not limited to cones, hurdles, bands, medicine balls, boxes, markers, timing devices, mats, and other athletic equipment, and that use of such equipment carries inherent risk. I accept full responsibility for the use of any equipment by me and/or the participant and understand that improper use may increase the risk of injury.
8. Seasonal Programs, Attendance, Scheduling, and Make-Ups
I understand that certain FitDips programs may operate on a seasonal or session-based basis, including weekly recurring training sessions. I understand that registration for a seasonal program may assign a participant to a specific weekly time slot, day, location, or session, and that attendance policies, scheduling policies, cancellation policies, refund policies, and make-up policies may be communicated separately through registration pages, policies, emails, or program descriptions.
I understand and agree that FitDips may modify schedules, coaches, training locations, session times, facility assignments, or program structures due to weather, facility availability, safety concerns, enrollment levels, staffing issues, field or track closures, travel schedules, or other operational reasons.
I understand that missed sessions may not be refunded or rescheduled unless expressly provided by FitDips policy, and that any make-up opportunity is subject to availability, safety, and FitDips approval.
9. Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all Liability arising out of, resulting from, or related in any way to my and/or the participant’s participation in the Activities, conduct at any Activity site, breach of this Agreement, or any claim brought by or on behalf of the participant, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties.
This indemnification obligation includes, without limitation, reasonable attorney’s fees, court costs, expert fees, and related expenses.
10. Governing Law; Venue; Severability
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.
I agree that any dispute arising out of or relating to this Agreement or the Activities shall be brought, to the extent permitted by law, in a court of competent jurisdiction located in California.
If any provision of this Agreement is determined to be unlawful, void, invalid, or unenforceable for any reason, that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provision, which shall remain in full force and effect.
11. Entire Agreement; No Oral Representations
I acknowledge and agree that this Agreement represents the complete understanding between the parties with respect to the subject matter addressed herein and supersedes any prior or contemporaneous oral or written representations, statements, promises, or understandings concerning these issues.
I further acknowledge that no oral representations, statements, inducements, warranties, or guarantees have been made to me by any Released Party other than those expressly set forth in this Agreement.
12. Acknowledgment of Understanding and Voluntary Acceptance
I hereby warrant that I, and/or the parent and/or legal guardian if the participant is under the age of eighteen (18), am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I am giving up substantial legal rights by signing or accepting it, including rights on behalf of the participant and on behalf of my spouse, children, parent and/or legal guardians, heirs, next of kin, and legal and personal representatives, executors, administrators, successors, and assigns, acknowledge that I have accepted this Agreement freely and voluntarily without any inducement, assurance, or guarantee, and intend my signature and/or acceptance to serve as complete and unconditional acceptance of the terms, conditions, and provisions of this Agreement.
13. Minor Participant Release and Parent and/or Legal Guardian Agreement
If the participant is under the age of eighteen (18), the undersigned parent and/or legal guardian expressly agrees as follows:
a. The parent and/or legal guardian acknowledges and understands that the Activities are inherently dangerous and may involve significant physical and mental risks, including the Risks described in this Agreement.
b. The parent and/or legal guardian acknowledges and understands the rights being waived by both the parent and/or legal guardian and the participant through acceptance of this Agreement.
c. The parent and/or legal guardian agrees to release, discharge, indemnify, defend, and hold harmless the Released Parties from and against any and all Liability arising out of, resulting from, or relating in any way to the minor participant’s participation in the Activities, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties.
d. The parent and/or legal guardian represents that he or she has the full legal authority to execute this Agreement on behalf of the minor participant.