IN CONSIDERATION of being permitted to participate in any way in AAAI/ISMA athletics/sports program, each of the undersigned, for him/herself and personal representatives, assigns, heirs and next of kin:
1. ACKNOWLEDGES, agrees and represents that he or she knows the nature of the Activity and believes he or she to be qualified to participate in such
Activity(ies) and will immediately upon entering and continuously thereafter, inspect the premises facilities, and equipment to be used or with which he or she may come into contact. He or she does further warrant that his/her participation in the scheduled event and his/her entrance upon the RESTRICTED AREA, constitute and acknowledgment that he/she has inspected the ACTIVITY(IES) AREA and that it is safe and reasonably suited for the purposes of the Activity(ies) and he/she further agrees and warrants that if at any time he/she is in or about the Activity area and feels anything to be unsafe, he/she will immediately advise the OFFICIALS of such and will leave the Activity(ies) area;
2. HE/SHE FULLY UNDERSTANDS that (a) THE ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH (“RISKS”): (b) these risks Risks and dangers may be caused by his/her own actions, or inactions, the actions or inactions of others participating in the Activity(ies), the rules of the Activity(ies), the condition and lay out of the premises and equipment, or THE NEGLIGENCE OF THE “RELEASES” NAMED BELOW: (c) there may be OTHER RISKS NOT KNOWN TO ME or that are not readily foreseeable at this time: (d) THE SOCIAL AND ECONOMIC LOSSES AND/OR DAMAGES THAT COULD RESULT FROM THOSE RISKS COULD BE SEVERE AND COULD PERMANTELY CHANGE THE PARTICIPATION FUTURE.
3. HE/SHE HEREBY ACCEPTS AND ASSUMES ALL SUCH RISKS, KNOW AND UNKNOWN, AND ASSUME ALL RESPONSIBILITY FOR THE LOSSES, COSTS, AND/OR DAMAGES FOLLOWING SUCH INJURY, DISABILITY, PARALYSIS, OR RESPONSIBILITY FOR THE LOSSES, COSTS, AND/OR DAMAGES FOLLOWING SUCH INJURY, DISABILITY, PARALYSIS OR DEATH, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE “RELEASES” NAMED BELOW:
4. I HEREBY RELEASE, DISCHARGE, AND CONVENANT NOT TO SUE AAAI/ISMA, its affiliated clubs, their respective administrators, directors, agents, coaches and other employees of the organization, other participants, sponsoring agencies, sponsors, advertisers and if applicable, owners and leasers of the premises used to conduct the event, or event inspectors, surveyors, underwriters, consultants, and other persons or entities who give recommendations, directions or instruction or engage in risk evaluation or loss control activities regarding the premises or ACTIVITY(IES), and each of them , their officers, directors, agents, and employees, all for the purposes herein referred to as “RELEASES” FROM ALL LIABILITY TO the undersigned, his or her representatives, assigns, heirs and the next kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON ACCOUNT OF ANY INJURY, including but not limited to death or damage to property CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE”RELEASEES” OR OTHERWISE:
5. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releases and each of them from any loss, liability, damage or cost they may incur due to the participation of the Undersigned in the Activity(ies), or in any way competing, officiating, observing or working for or for any purpose participating in the event, and whether caused by the negligence of the Releases or otherwise; and
6. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the law of the province or state in which the events is conducted and that if any portion thereof is held invalid, it is agreed that the balance, not withstanding, claims arising under federal or state laws, shall continue in full legal force and effect.
7. HEREBY AGREES to the risks involved with participating in the strenuous event and understand that I may be videotaped, audio recorded, and
photographed during this event and American Aerobic Association International may use the images for all and any uses. I further agree to all conditions of registration including, but not limited to, the NO-refund policy.
8. HE/SHE FULLY UNDERSTANDS that the novel coronavirus (“COVID-19”) is an extremely contagious virus and that it is currently believed that COVID-19 spreads through person-to-person contact. He/she therefore he/she assumes all of the foregoing risks and accept sole responsibility for any injury, illness, permanent disability, or death related to COVID-19 arising from or in connection with my presence at the facility. He/she hereby releases and holds harmless the American Aerobic Association International / International Sports Medicine Association AAAI/ISMA, the facility, their employees, agents, directors, officers and representatives and other participants from and against all liabilities (statutory or otherwise) for claims, suits, demands, judgments, costs, interest and expense (including but not limited to attorney’s fees and disbursements) for injury, illness, permanent disability, or death related to COVID-19 arising from or in connection with my presence at the Facility, EVEN IF ARISING FROM THE NEGLIGENCE, ACTS OR OMISSIONS OF THE RELEASED PARTIES.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND HAVE AGREED FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE, ORAL OR WRITTEN, BEING MADE TO ME AND INTEND MY AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW, IN ADDITION, I UNDERSTAND AND AGREE TO FAIRNESS OF AAAI/ISMA CREDIT POLICY.