VOLUNTARY WAIVER, RELEASE, INDEMNIFICATION AND MANDATORY ARBITRATION AGREEMENT (“AGREEMENT”)
WARNING. THIS AGREEMENT IS LEGALLY BINDING. BY SIGNING IT, YOU GIVE UP YOUR RIGHT TO RECOVER COMPENSATION THROUGH THE COURTS OR OTHERWISE, FOR ANY PERSONAL INJURIES OR DAMAGE TO YOUR BODY OR PROPERTY, OR FOR YOUR DEATH, ARISING OUT OF YOUR USE OF THE FACILITIES AND EQUIPMENT, OR ARISING OUT OF YOUR PARTICIPATION IN CLASSES OR ACTIVITIES, ORGANIZED, RUN AND/OR SPONSORED BY REDLINE ATHLETICS WESTON, LLC, REDLINE ATHLETICS FRANCHISING LLC OR ANY OF THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, PARENTS, OWNERS, EMPLOYEES, SERVANTS, AGENTS AND ASSIGNS (HEREINAFTER COLLECTIVELY REFERRED TO AS “REDLINE ATHLETICS”.) THE TERM “FACILITIES” SHALL MEAN THE PHYSICAL PREMISES WHERE REDLINE ATHLETICS CONDUCTS ITS BUSINESS AND THE TERM “EQUIPMENT” SHALL MEAN THE DEVICES, APPARATUS OR OTHER EQUIPMENT WITH WHICH, FOR WHICH AND/OR ON WHICH ACTIVITIES OFFERED BY REDLINE ATHLETICS TAKES PLACE. YOU WILL BE RELEASING THE LANDLORD OF REDLINE ATHLETICS, ANY PERSONS WHO HAVE DESIGNED, MANUFACTURED, OR INSTALLED THE FACILITIES OR EQUIPMENT OF REDLINE ATHLETICS AND ANY PERSONS USING THE EQUIPMENT OF REDLINE ATHLETICS. THIS AGREEMENT IS BINDING ON YOU, YOUR HEIRS, NEXT OF KIN, ASSIGNS, AND PERSONAL REPRESENTATIVES. THIS AGREEMENT ALSO REQUIRES YOU TO INDEMNIFY AND HOLD HARMLESS THE PERSONS RELEASED FROM ANY LOSSES, LIABILITIES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF REDLINE ATHLETICS WESTON, LLC USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM REDLINE ATHLETICS WESTON, LLC IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND REDLINE ATHLETICS HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. AUTHORITY I AGREE AND ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT ON MY OWN BEHALF AND ON BEHALF OF ALL MINORS IDENTIFIED IN THIS AGREEMENT. I AGREE AND REPRESENT TO REDLINE ATHLETICS THAT I AM THE PARENT OR LEGAL GUARDIAN AUTHORIZED TO SIGN AND AGREE TO THIS AGREEMENT ON BEHALF OF ALL MINORS IDENTIFIED IN THIS AGREEMENT. I AGREE THAT ALL REFERENCES IN THIS AGREEMENT TO “I,” “ME,” “MY,” AND “MINE,” SHALL REFER TO AND MEAN THE UNDERSIGNED INDIVIDUALLY AND THE MINORS FOR WHOM I AM SIGNING THIS AGREEMENT. ASSUMPTION AND ACKNOWLEDGMENT OF RISK WARNING: THE USE OF REDLINE ATHLETICS’ FACILITIES and EQUIPMENT IS DANGEROUS! I acknowledge and agree that the use of FACILITIES and EQUIPMENT and the taking of classes or participating in activities sponsored by REDLINE ATHLETICS has INHERENT RISKS. Those risks include, but are not limited to, the following:
1. Serious injury, including, but not limited to, paralysis, dismemberment, permanent disability, and death, and other losses resulting from the failure or misuse of Facilities or Equipment.
2. Serious injury, including, but not limited to, paralysis, dismemberment, permanent disability, and death, and other losses resulting from slips, trips, falls sustained, or the physical demands associated with the use of the Facilities or Equipment.
3. Serious injury, including, but not limited to, paralysis, dismemberment, permanent disability, and death, and other losses resulting from contact with of other persons at the Facilities.
4. Serious injury, including, but not limited to, paralysis, dismemberment, permanent disability, and death, and other losses that occur from the negligence or lack of adequate training of those volunteers or employees of REDLINE ATHLETICS.
5. Serious injury, including, but not limited to, paralysis, dismemberment, permanent disability, and death, and other losses that occur from the negligence or lack of adequate training of those volunteers or employees of REDLINE ATHLETICS who seek to assist with medical or other help either before or after injuries have occurred
6. Serious injury, including, but not limited to, paralysis, dismemberment, permanent disability, and death, and other losses resulting from the failure of the Facilities or Equipment.
7. Serious injury, including, but not limited to, paralysis, dismemberment, permanent disability, and death, and other losses resulting from defects in the Facilities or Equipment
8. Serious injury, including, but not limited to, paralysis, dismemberment, permanent disability, and death, and other losses resulting from the negligence of REDLINE ATHLETICS, participants, visitors, or persons who may be present at the Facilities or the negligence of the designers, manufacturers or installers of the Facilities or Equipment.
9. Serious injury, illness and death resulting from exposure to contagious diseases or viruses, including without limitation, COVID-19.
I am aware of these and numerous other inherent risks in using the Facilities and Equipment. I freely and voluntarily assume complete responsibility for these risks and for the injuries that may occur as a result of these risks even if injuries occur in a manner that is not foreseeable at the time I sign this agreement. I realize that by voluntarily assuming the risks involved, I will be solely responsible for any loss or damage sustained, including personal injuries to me, damage to my property, or damage arising out of my injuries or death.
I agree to indemnify and hold Redline Athletics harmless from any claims, damages, costs or causes of action that I have or may have as a result of any injury, damage or loss sustained in connection with any activities relating to or provided by Redline Athletics or the use of the Facilities or Equipment.
I understand that any of these injuries, death and other losses can result from the actions, inactions or negligence of Redline Athletics and other participants, visitors, and invitees using the Facility and Equipment, and that Redline Athletics is not responsible for injuries, death and other losses caused by other participants, visitors, and invitees using the Facility and Equipment or caused by Redline Athletics’ own negligence. I also understand that these injuries and losses can result from the condition of the Facilities and/or the Equipment, and that Redline Athletics is not responsible for any injuries, death or other losses that may result therefrom, even if as a result of Redline Athletics’ own negligence.
I understand that injury, death, and other losses can result from not being in proper physical condition to undertake the activities. I assume all risk in any way connected with my participation in any and all activities offered by Redline Athletics whether or not at the Facilities or using the Equipment, or as a result of the use of the Facility and/or Equipment.
RELEASE OF LIABILITY: I hereby forever, irrevocably, and unconditionally WAIVE, RELEASE, HOLD HARMLESS AND PROMISE NOT TO FILE SUIT AGAINST REDLINE ATHLETICS for any illness, injury, paralysis, dismemberment, disability, death and/or loss or damage in any way connected with, related to or arising, directly or indirectly, from My access to and/or use of the Facilities or Equipment and any and all activities relating to, directed, supervised or offered by Redline Athletics , whether or not caused in whole or part by the actions, inactions or negligence of Redline Athletics. This voluntary waiver and release from liability shall also apply to any relative, personal representatives, heirs, beneficiaries, executor, next of kin or assigns who might pursue legal action or claim on My behalf that arises or may arise as a result of My use of the Facilities or Equipment. I understand this this release and waiver applies to and includes all activities in which I engage in at the Facilities. I agree and understand that this waiver of liability, assumption of risk and indemnity agreement will extend to all claimed wrongful acts of Redline Athletics to the greatest extent under the laws of the State of Florida, including the negligence of Redline Athletics, I hereby forever waive and release Redline Athletics from all liability for any damages and injuries suffered by Me in connection with any and all activities relating to, directed, supervised or offered by Redline Athletics.
Medical Release I hereby give my consent to Redline Athletics to provide emergency care and to give authority to any hospital or doctor to render immediate aide as might be required for My health and safety. If medical assistance of any form (including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I suffer at Redline Athletics such assistance shall be at my own expense.
Social Media Release I confirm the agreement between Me and Redline Athletics regarding My participation in Redline Athletics’ activities and exercises in which I may be photographed or videotaped from time to time. I hereby irrevocably grant to Redline Athletics perpetually, exclusively, and for all media throughout the world (including print, non-theatrical, home video, DVD, social media, internet and any other electronic medium presently in existence or invented in the future), the right to use and incorporate (alone or together with other materials), in whole or in part, photographs or video footage taken of Me as a result of My participation in approved activities for Redline Athletics.
I hereby agree that I will not bring or consent to others bringing claim or action against Redline Athletics on the grounds that anything contained in the photographs or video footage, or in the advertising and publicity used in connection herewith, is defamatory, reflects adversely on Me, violates any other right whatsoever, including, without limitation, rights of privacy and publicity. I hereby release Redline Athletics from and against any and all claims, demands, actions, causes of actions, suits, costs, expenses, liabilities, and damages whatsoever that I may hereafter have against Redline Athletics in connection with the photographs or video footage.
MANDATORY BINDING ARBITRATION – WAIVER OF RIGHT TO JURY TRIAL ANY DISPUTE, CONTROVERSY OR CLAIM, OF ANY KIND, MANNER OR NATURE ARISING FROM OR RELATING TO THIS AGREEMENT, OR ANY CLAIM THROUGH THE USE OF THE FACILITY AND/OR EQUIPMENT OR ANY ACTIVITIES OFFERED, DIRECTED OR SUPERVISED BY REDLINE ATHLETICS, OR OTHERWISE, MUST ONLY BE SUBMITTED TO ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN BROWARD COUNTY, FLORIDA (OR IF NO LOCATION IS IN BROWARD COUNTY, FLORIDA, THE CLOSEST VENUE TO BROWARD COUNTY, FLORIDA AVAILABLE), IN ACCORDANCE WITH ITS RULES AND ANY JUDGMENT OR DECISION THEREBY RENDERED MAY BE ENTERED BY A COURT OF COMPETENT JURISDICTION AS ITS JUDGMENT. IN ACCORDANCE THEREWITH, EACH OF THE PARTIES TO THIS AGREEMENT, VOLUNTARILY, AFTER DUE CONSIDERATION OF ALL ALTERNATIVES, AND AFTER HAVING THE OPPORTUNITY TO CONSULT WITH COUNSEL OF ITS CHOOSING, HAVE AGREED TO WAIVE ANY RIGHT WHICH THEY MAY HAVE TO A TRIAL BY JURY ON ANY SUCH MATTERS WHICH THE PARTIES HAVE AGREED TO ARBITRATE. Term of the Agreement I understand this Agreement shall remain valid indefinitely or until revoked by Me, in writing, by Certified Mail Return Receipt Requested mailed to Redline Athletics at the Facility Attn: President. Any revocation shall only apply to events and claims that occur after the revocation and this Agreement shall survive revocation as to any and all claims that occur prior to the revocation.
Governing Law This voluntary waiver and release from liability agreement is to be interpreted consistent with the laws of the State of Florida.
Entire Agreement
This Agreement constitutes and contains the entire agreement between Redline Athletics and Me relating to the subject matters described herein. There are no other agreements, oral or written, or implied, with respect to such matters. If any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force.
By my signature below, I confirm that I have provided all necessary contact information and relevant medical information regarding the Participants. I understand that I have a continuing obligation to update this information with the Center as new information becomes known by me. I will promptly update this information with the Center upon the discovery of new medical information and/or new contact information.
* By signing, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By signing here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.
