The Ready State ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT
This is an important legal document. Read carefully before signing.
You will be participating in the The Ready State, Inc. Movement & Mobility 102, The TRS Coach’s Course about fundamental assessment and corrective strategies for common movement-related problems (the “Course”). While there are many benefits that come from participating in the Course, The Ready State Inc. (along with its officers, employees, volunteers, agents, instructors collectively referred to as “TRS”) wants to make certain that all participants are fully aware of the various inherent risks involved in the activities that are part of the Course. TRS feels it is important that participants know that certain risks cannot be eliminated without destroying the unique character of the Activity, that some danger is involved in the Activity, and that on occasion, participants do suffer injury. TRS does not want to alarm participants or reduce their enthusiasm for the Course, but we believe it is important that you be informed of the nature of the Activity.
1. ACTIVITIES AND ASSUMPTION OF INHERENT RISKS
I have chosen to participate in the TRS Course, which includes a system of whole body assessments leading to corrective strategies common movement and mobility issues (the “Activity”). I understand that the Activity is inherently hazardous, and that risks of participating in the Activity include but are not limited to: injuries resulting from the use of mobility equipment; falls, fractures, concussions, overexertion, or injuries from my lack of fitness or conditioning; collisions with other participants; equipment failures, negligence of others, and errors in judgment of TRS or its employees or contractors.
These risks can generally result in three types of injuries. Minor injuries are not uncommon and include, but are not limited to, being scratched or scraped by equipment, muscle soreness, bruises, and sprains. Serious injuries occasionally may occur and include, but are not limited to, broken bones, concussions, and cuts. Catastrophic events are very rare and can include, but are not limited to, heart attack, stroke, paralysis, serious internal or head injuries, or death. I also understand that any equipment I use during the Course I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability.
I understand the inherent risks of the Activity are serious and that participating in the Activity is dangerous regardless of the care taken by TRS and its employees or contractors. I have read the previous paragraphs and
1) I know the nature of the Activity described above.
2) I understand the demands of this activity relevant to my physical condition and fitness level
3) I appreciate the potential impact of the types of injuries that may result from the Activity.
I hereby assert that my participation in the Activity and the TRS Course is voluntary and that I knowingly and willingly assume all of the inherent risks of the Activity.
2. WAIVER OF LIABILITY
In consideration of the permission to participate in the Activity, today and on all future dates, I, on behalf of myself, my spouse, my heirs, personal representatives, or assigns, do hereby release, waive and discharge TRS from liability from any and all claims resulting from the inherent risks of the Activity described above or from the ordinary negligence of TRS (including its officers, employees, volunteers, agents, sponsors, independent contractors, insurers, owners of the property used for the Activities, and other participants).
This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participating in the Activity (including, but not limited to, all premises [including in or around any fitness facilities used for the Activity, and the associated streets, sidewalks, and parking lots] and during any instruction by TRS staff; and 2) any and all claims resulting from the damage to, loss of, or theft of property.
I also agree to hold harmless, defend, and indemnify TRS (that is, defend and pay any judgment and costs, including investigation costs, court costs, legal fees, and attorney’s fees) from any and all claims of mine, my spouse, family members, or others arising from my injury or loss due to my participation in the Activity (including those arising from the inherent risks of the Activity or the ordinary negligence of TRS).
I further agree to hold harmless, defend, and indemnify TRS (that is, defend and pay any judgment and costs, including investigation costs, court costs, legal fees, and attorney’s fees) against any and all claims of co-participants, rescuers, and others arising from my conduct in the course of my participation in the Activities.
4. SCOPE OF THE TRS COURSE
I further acknowledge, understand, and agree that participating in the TRS Course, and the information contained in the TRS Course materials, is not a substitute for the advice of my doctor. The scope of the TRS Course and Activities does not include treatment or diagnosis of specific illnesses or disorders, and the Course does not provide medical advice and is not a substitute for a professional medical diagnosis, medical treatment or advice, or a medical examination. If I suspect I may have an ailment or illness that may require medical attention, TRS recommends that I consult with a licensed physician without delay, and I will not rely on any TRS materials as a substitute for such a consultation. Only a licensed physician can prescribe drugs, and any mention of drugs and supplements during the Course is for informational purposes only. Similarly, I will not represent to any of my own clients that the TRS Course materials or anything I learn during the TRS Course constitutes, or is a substitute for, professional medical advice. I will advise my clients that if the information learned during the Course contradicts the instructions they have received from a medical professional; they should follow the instructions of the medical professional.
5. NO DESIGNATION, CERTIFICATION, OR LICENSE
I understand that participating in and completing the TRS Course does not confer any professional designation, certification, or license.
6. USE OF PARTICIPANT’S LIKENESS. I understand that during the Activity I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to TRS and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.<?/p>
7. SEVERABILITY; VENUE AND JURISDICTION; INTEGRATION
I expressly agree that the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Likewise, I understand that if legal action is brought, the appropriate trial court for the County of San Francisco in the State of California has the sole and exclusive jurisdiction and that only the substantive laws of the State of California will apply. I affirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between TRS and me and cannot be modified or changed in any way by representations or statements by any agent or employee of TRS. This agreement may only be amended by a written document executed by all parties.
8. MEDIATION AND ARBITRATION; COVENANT NOT TO SUE; INDEPENDENT CONTRACTORS
I agree to engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims arising out of or relating to this contract shall be submitted to binding arbitration in San Francisco County in the State of California in accordance with the applicable rules of the American Arbitration Association then in effect. I further covenant not to sue TRS for any present or future claim arising directly or indirectly from my participation in the Activity. This includes claims resulting from the inherent risks of the Activity and/or the ordinary negligence of TRS. I acknowledge that TRS has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Activity.
9. HEALTH STATUS; EMERGENCY CARE
I assert that I:
1) have no medical problems that would contra-indicate participation in the Activity
2) possess sufficient fitness and skill to enable safe participation in the Activity.
I further authorize or agree:
1) TRS to administer emergency first aid, CPR and AED if deemed necessary by TRS
2) TRS to secure emergency medical care of transportation if deemed necessary by TRS
3) TRS to share my medical history with medical personnel when TRS deems necessary
4) to assume all costs of emergency care and transportation.
10. RULES AND SAFETY EQUIPMENT
1) to abide by the rules established by TRS
2) to inform TRS immediately if I become aware of any conduct or equipment conditions that present a danger to myself or others
3) to wear/use any required equipment at all times while participating in the Activity
4) that TRS may terminate my participation if it determines I am incapable of safely meeting the rigors of the Activity.
ACKNOWLEDGEMENT OF UNDERSTANDING
I acknowledge that I read this entire Assumption of Risk, Waiver of Liability, and Indemnification Agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue TRS for injuries resulting from the inherent risks of the Activities or the ordinary negligence of TRS. I further acknowledge that I am participating and signing this agreement freely and voluntarily, and intend my electronic signature to be a complete and unconditional release of all liability, including that due to ordinary negligence of TRS, to the greatest extent allowed by the laws of the State of California. I agree that my electronic signature is the legally binding equivalent to my handwritten signature, and has the same validity and meaning as my handwritten signature.