Peak Performance Training - Online Waiver
All individual athletes who attend and participate in any Peak Performance Training activities must sign the waiver below.
RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of training sessions organized by Peak Performance Training, LLC, of Centreville, Virginia, 20120 and/or use of the property, facilities and services of Peak Performance Training, LLC, I, _________________, agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Peak Performance Training, LLC, or the employees, representatives or agents of Peak Performance Training, LLC.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize 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, and further release and discharge Peak Performance Training, LLC for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Peak Performance Training, LLC, whether caused by the fault of myself, my family, Peak Performance Training, LLC or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Peak Performance Training, LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Peak Performance Training, LLC.
4. FEES. I agree to pay for all damages to the facilities of Peak Performance Training, LLC caused by any negligent, reckless, or willful actions by me or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Virginia law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
7. ARM'S 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 upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. 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 other 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.
9. EMERGENCY CONTACT. In case of an emergency, please call _________________ (Emergency Contact Full Name) at _________________ (Phone Number).
Please Note: If you are going to miss your session, please notify Peak Performance 24 hours prior or you will still be responsible for payment.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.