Participant Agreement, Waiver, Release, and Assumption of Risk as of 12/1/2021
PARTICIPATION IN TC’S TRAINING CENTER ACTIVITIES ENTAILS KNOWN AND UNANTICIPATED RISKS THAT COULD RESULT IN PHYSICAL AND/OR EMOTIONAL INJURY, PARALYSIS, DEATH OR DAMAGE TO YOURSELF AND/OR TO OTHERS, RISKS MAY INCLUDE, BUT ARE NOT LIMITED TO, SLIPPING AND FALLING, COLLISIONS WITH FIXED OBJECTS AND/OR OTHER PEOPLE WHICH MAY RESULT IN SPRAINS, FRACTURES, BREAKS, SCRAPES, BRUISES, DISLOCATIONS AND INJURIES TO HEAD, BACK, AND NECK.
In consideration of the services provided by TC’s Training Center (LLC), a Massachusetts corporation, who is the owner and operator of TC’s Training Center (TC’s) and my desire to spectate and/or participate in the activities and services provided at TC’s, and its individual members, managers, directors, officers, coaches, employees, volunteers, representatives, servants, predecessors, successors, assigns, affiliated entities, heirs, personal representatives and all other persons, firms, or entities claiming by or through them are hereinafter known as “TC’s”:
On behalf of myself, my spouse, my child(ren), minor child for whom I am appointed guardian, my parents, my heirs, assigns, personal representative and estate hereby:
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Agree to use TC’s Training Center (TC’s) in a safe and responsible manner;
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Agree to abide by TC’s rules and instructions and the directions of TC’s employees and representatives, whereby I acknowledge that those rules, instructions and directions are intended to promote the safety of both myself and others; my failure or refusal to abide by those rules, instructions and directions can lead to the immediate revocation of my right to use TC’s Training Center, without any right to refund of any payments made; and in the event of sickness, accident or injury I authorize TC’s employees and representatives to obtain, on my behalf, emergency medical treatment and to secure such medical treatment at my expense;
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Agree to fully and forever waive, release and discharge TC’s Training Center from any and all claims, actions, causes of action, demands, judgements, damages (including compensatory, general, special, consequential, exemplary and punitive), liability or obligations of any nature or kind, whether known at the time I leave TC’s or which may arise or become known later, which accrue on account of, or in any way arise out of or in connection with: (a) my activities with TC’s; (b) the activities within TC’s by others; © the operation of TC’s; (d) my use of any and all of TC’s Training Center; and (e) my use of any and all equipment within TC’s, whether owned by me, TC’s or a third party;
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Agree to indemnify and hold TC’s Training Center harmless from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever, including, but not limited to, any and all attorneys’ fees, costs, damages and/or judgements directly or indirectly arising out of, or relating to my acts or omissions while participating or in any activities at TC’s Training Center;
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Agree to accept and assume all of the risks which accompany TC’s Training Center activities and represent that my participation in the activities is purely voluntary and I elect to participate in the activities notwithstanding the risks;
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Fully understand that participating in the activities within TC’s Training Center involves physical exertion; and accordingly represent that I (i) am in sufficient good health to participate in activities within TC’s Training Center; (ii) I do not have any pre-existing physical or medical condition, including without limitation pregnancy, orthopedic problems, including back problems; heart problems; and/or breathing problems, that might be impacted or worsened by my use of TC’s; and (iii) will not use TC’s and its facilities while under the influence of any drugs, alcohol, or medications that may impair my physical abilities or judgement; and,
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Certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the activities within TC’s Training Center, or if not, I agree to bear the costs of such injury or damage to myself and others, I agree that any legal proceeding shall be filed solely in the state of Massachusetts and I further agree that the substantive law of Massachusetts shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against TC’s Training Center. On the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document, I have read and understood it, and I agree to be bound by its terms.
I have read and understand the terms of this WAIVER, RELEASE AND ASSUMPTION OF RISK AGREEMENT and unconditionally agree to its full terms, statements, warranties, notices, representations, waivers and releases on behalf of both myself and marital community, if any and my child or ward whose name is entered above.
Participant Signature: __________________________
If under 18 - Parent/Guardian Signature: _____________________________
Print Name:_____________________________ Date: _________________
By registering, you also agree to receive emails from TC's Training Center.