X3 Sports Waiver and Release
1. I, the undersigned, intend to participate in one or more field, outdoor and/or indoor class, instruction and/or training programs (in any combination) and/or use equipment and/or fitness facilities, now existing and/or in the future made available by X3 Sports (hereinafter collectively, the Activities). I understand that each location of X3 Sports is independently owned and operated under a license, and that all references herein to X3 Sports includes all related entities, affiliates, parents, subsidiaries, licensors and licensees, and the owners, officers, directors, agents, employees and contractors thereof.
2. I have no known medical problems that would preclude me from participating in any of the Activities, and all information that I have provided to X3 Sports, regarding my medical history and physical condition, is true and correct to the best of my knowledge. I expressly acknowledge that X3 Sports recommends that I obtain a physical examination from a doctor before engaging in any Activities. In the event of physical injury resulting from my participation in any Activities, I understand and agree that no medical treatment or monetary compensation will be provided to me by X3 Sports, and I assume all risk and responsibility for any such treatment and payment thereof. Additionally, I hereby hold harmless any representative of X3 Sports who, in good faith, attempts to provide me with any medical assistance, should it be deemed necessary.
3. I represent and warrant that I am freely and voluntarily participating in the Activities at my own risk, assuming all risk of physical injury and any damage, loss and theft of property. I, on behalf of myself and my personal representatives, heirs, executors, administrators, agents, successors and assigns, hereby waive and release X3 Sports from any and all claims and causes of action arising out of its negligence, acts and/or omissions, expressly including, but not limited to, my participation in any Activities, improper or insufficient maintenance, malfunctions and/or negligent instruction or supervision. I indemnify and hold harmless X3 Sports from and against any and all claims, damages, losses and causes of action, expressly including attorneys fees and expenses, arising out of my participation in the Activities.
4. I expressly acknowledge that I have received a copy of and agree to fully comply with the rules and regulations of X3 Sports, and that my failure to so comply is justification for X3 Sports to remove and/or have me removed and/or suspended from any X3 Sports location. I understand that X3 Sports may change its procedures, training staff and/or hours of operation at any time and without advanced notice.
5. Waiver and Release of Use of Likeness: I acknowledge that X3 Sports may take still and moving images of facilities and individuals at its facilities. Unless I provided written notice otherwise, I expressly grant X3 Sports the absolute and irrevocable right and unrestricted permission to use and publish in print, electronic and video format for any purpose whatsoever, without restrictions of any kind, in perpetuity, and without fees, royalties or other remuneration, my likeness, image and audio recordings, and that of my family, whether adult or minor. I expressly agree that all such photographs and transparencies thereof, video and audio and the rights to copyright the same, shall be the sole property of X3 Sports, with full right of lawful disposition in any manner.
I acknowledge that (a) I have carefully read this Waiver and Release and the information provided to me by X3 Sports, (b) fully understand its contents, and (c) understand that this is a legal document waiving legal rights that I would otherwise have.
I hereby certify that the above information is accurate to the best of my knowledge.