CONSENT, RELEASE, ASSUMPTION OF RISK
AND INDEMNITY AGREEMENT
In consideration of the provision of services to my minor child/ward, by or on behalf of FAST Fundamentals LLC with respect to "Activities" (as defined below), I acknowledge and agree that:
1. Activities. "Activities" includes but is not limited to fitness, athletic training, participation in sports and sports-related functions, instruction, and participation in programs and services provided to my child/ward by or on behalf of FAST Fundamentals LLC, including by independent contractors and other service providers.
2. Permission. I give permission for my child/ward to participate in the Activities.
3. Qualified to Participate. I fully understand the nature of the "Activities" in which my child/ward will be participating and, based on my child/ward's experience, health, and capabilities, I believe that my child/ward is qualified for such participation. I am not aware of any medical condition of my child/ward that would limit such participation.
4. Terms and Conditions. I willingly agree to comply with FAST Fundamentals LLC's terms and conditions of service, a copy of which has been provided to me. I will inspect the premises, facilities, and equipment to be used, or with which my child/ward may come into contact, in connection with my child/ward's participation. If I or my child/ward believe anything is unsafe or observe any significant concern in my child/ward's readiness for the Activities, I will instruct my child/ward to immediately refuse to participate further and I will remove my child from the program.
5. Risk of Harm; Medical Care. I acknowledge that the risk of harm to my child/ward from the "Activities" is significant, including the potential for serious physical injury, permanent disability and death. The harm to my child/ward may arise from, among other things, running into objects, stretching of muscles and other exercise drills, and throwing/catching of balls and other objects. I understand that this is only a partial list of the risks. In the event my child/ward is injured, I give FAST Fundamentals LLC permission, in its sole discretion, to seek medical care, including calling "911", taking my child/ward to a medical doctor or facility and/or providing first aid care.
6. Assumption of Risk. For myself and on behalf of my spouse and my child/ward, I knowingly and freely assume all risks, both known and unknown, relating to the Activities, except as arising from the gross negligence or willful misconduct of the Releasees (as defined below), and, except as herein provided, assume full responsibility for my child/ward's participation.
7. Release. For myself and on behalf of my spouse and my child/ward, I hereby release, discharge and hold harmless FAST Fundamentals LLC, its managers, members, directors, officers, officials, agents, employees, independent contractors, service providers, volunteers, other participants, sponsoring agencies, sponsors, advertisers, owners, lessors and lessees of premises used to conduct the "Activities" and any and all other persons and entities who provide services with respect to the Activities (collectively referred to as "Releasees"), from any and all actions, claims, losses, liabilities, causes of actions, complaints, suits, damages, costs, expenses, and obligations of any nature, whether founded in contract, tort, statute, regulation, common law and/or any other theory or basis (collectively, "Claims") with respect to any and all matters arising out of or related to the Activities, including, without limitation, due to injury, disability, death, or loss or damage to person or property incident to my child/ward's involvement or participation in Activities, except as arising from the gross negligence or willful misconduct of the Releasees, to the fullest extent permitted by law.
8. Limitation of Liability. IN NO EVENT SHALL FAST FUNDAMENTALS LLC OR ANY AGENT OR CONTRACTOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER FAST FUNDAMENTALS LLC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FAST FUNDAMENTALS LLC's LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE ACTIVITIES OR OTHERWISE IN CONNECTION WITH ITS SERVICES TO THE PARTICIPATING CHILD/WARD EXCEED THE ACTUAL AMOUNTS PAID TO FAST FUNDAMENTALS LLC BY THE PARTICIPATING CHILD/WARD'S PARENT OR GUARDIAN.
9. Agreement Not to Sue. I agree for myself, and on behalf of my spouse and my child/ward, not to sue or bring any type of action, suit or proceeding against any or all of the Releasees with regard to any of the Claims that I have released and discharged pursuant to Paragraph 7.
10. Indemnification. For myself and on behalf of my spouse and my child/ward, I hereby agree to indemnify and hold harmless the Releasees from any and all losses, liabilities, costs and expenses, including reasonable attorney fees and expenses, arising out of or related to, directly or indirectly, any and all Claims that may be brought by on or on behalf of me, my spouse and/or my child/ward against any one or more of the Releasees, except as arising from their gross negligence or willful misconduct, to the fullest extent permitted by law.
11. Photo, Etc. Authorization. For myself and on behalf of my spouse and my child/ward, I hereby authorize FAST Fundamentals LLC and/or the Releasees to record, use, reproduce and publish the name, photograph, video, likeness and/or voice of myself, my spouse and/or my child/ward (collectively, "Identifying Images") for advertising, promotional and other purposes worldwide, in perpetuity, in any and all electronic and other media, without notice or compensation. All rights to all materials containing Identifying Images shall belong exclusively to FAST Fundamentals LLC.
12. Miscellaneous. This Consent, Release, Assumption of Risk and Indemnity Agreement ("Release") is made for good and valuable consideration hereby acknowledged and shall be governed by the laws of the State of New York, excluding choice of law principles thereof. This Release constitutes and contains the entire understanding concerning the subject matter addressed herein and may only be amended or waived by an agreement in writing signed on behalf of FAST Fundamentals LLC. If any provision of this Release shall be held invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. This Release is binding upon my spouse, my child/ward and each of my and my spouse and my child/ward's heirs, personal representatives and next of kin.
I HAVE READ THIS CONSENT, RELEASE, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE, ON BEHALF OF MYSELF, MY SPOUSE AND MY CHILD/WARD, GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.