Participants must agree to the Waiver & Release form at registration before participating in any classes, activity, camp, or event.
RELEASE OF LIABILITY
READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of Physical Fitness organized by Peak Level Performance LLC, I, _______ agree for myself and (if applicable) for the members of my family to the following:
AGREEMENT TO FOLLOW DIRECTIONS. I agree to follow any oral or written instructions or directions given by Peak Level Performance LLC, or the employees, representatives or agents of Peak Level Performance LLC.
ASSUMPTION OF THE RISKS AND RELEASE. I recognized that there are certain inherent risks associated with the above described activity, and I assume full responsibility for personal injury to myself and (if applicable) my family members. I hereby release, discharge and hold harmless Peak Level Performance LLC and its officers, directors, employees, subsidiaries, agents, successors, managers, volunteers, assigns, and any party named as an additional insured on any policy of insurance held by any of the foregoing parties, or other parties which Peak has or may be obligated to indemnify, hold harmless or to which Peak may otherwise be liable, including but not limited to all community or private entities which lease, rent or permit use of premises for classes, activities, camps, or events (individually the “Released Party” and collectively, the “Released Parties”), from any and all liability that may arise directly or indirectly at any time, by reason of any injury, death, damage, loss, or expense incurred in connection with (i) my participation in any of the Peak programs, or (ii) my attendance at any event or gathering that may be organized, authorized, or paid for by the Released Parties, individual clients registered with Peak, or any group organized under the Released Parties; whether caused by the fault of myself, my family, Peak Level Performance LLC, or other third parties.
INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Peak Level Performance LLC and its members, agents, contractors, companies, clubs, or entities that Peak Level Performance has agreed upon contracts with to provide subsequent subscriptions, or anyone affiliated with Peak Level Performance LLC Services from and against all claims, causes of action, damages, judgements, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of Peak Level Performance LLC or against all claims, damages, losses and costs that arise from or relate to the following:
1. Your participation at a Peak Level Performance seminar, demonstration, class, or other activity hosted by Peak Level Performance.
2. Any content submitted by or on behalf of you.
3. Your violation of these terms.
APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under South Carolina Law.
NO DURESS. I agree that I am under no pressure or duress to acknowledge this Agreement and that I have been given reasonable opportunity to review it before further acknowledgement and that I am free to have my own legal counsel review this Agreement if I so desire.
ARMS LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based on upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute by binding arbitration under the rules of the American Arbitration Association. The arbitrators award will be final, and judgement may be entered upon it by any court having proper jurisdiction.
In simple terms, you will not be able to sue or hold liable Peak Level Performance LLC and/or its officers, directors, employees, members, subsidiaries, agents, successors, managers, and volunteers for anything. You will participate at your own risk!
BY REGISTERING AND PARTICIPATING IN PEAK LEVEL PERFORMANCE LLC ACTIVITIES, YOU ARE AGREEING THAT YOU HAVE READ THIS RELEASE AND UNDERSTAND IT. AS A PARTICIPANT WITH PEAK LELVEL PERFORMANCE LLC, YOU FURTHER UNDERSTAND THAT BY READING THIS RELEASE AND REGISTERING TO ATTEND A PEAK LEVEL PERFORMANCE CLASS, ACTIVITY, OR EVENT, YOU ARE VOLUNTARILY SURRENDERING CERTAIN LEGAL RIGHTS.