Waiver 2018-09-07T16:44:38+00:00


EMPIRE FITNESS CLUB LLC SPORTS FIELD WAIVER, DISCLAIMER & RELEASE OF LIABILITY

PLEASE REVIEW THIS DOCUMENT CAREFULLY. It includes a release of liability and waiver of legal rights, including the right to sue certain parties.
DO NOT agree to this document unless you have read and understood it in its entirety. By agreeing, you acknowledge that you have both read and
understood the text presented to you. When you sign below, you understand and agree that events like the 2018 EMPIRE FITNESS CLUB LEAGUE
Event and related activities at the EMPIRE FITNESS CLUB LLC (the “Event”) carry certain inherent dangers and risks which may or may not be readily
foreseeable, including, without limitation, personal injury, property damage or death. Your ability to participate in the Event is subject to your agreement
to the terms of this release of liability and waiver (the “Release”), and by signing this form, you accept and agree to the terms of the Release, including

the release of liability and waiver of legal rights provisions. You need to complete ONE WAIVER PER PERSON.

I wish to participate in the Event, which is hosted by EMPIRE FITNESS CLUB LLC and/or certain Releasees (as defined below) or Providers (as
defined below). Therefore, for good and valuable consideration – including the right to participate in the Event – the receipt of which is hereby
acknowledged, I agree as follows: I hereby represent and warrant that I have the legal authority to agree to the Release, that I FULLY UNDERSTAND
AND AGREE to the terms of the Release, and that the Release will apply to me, my heirs, personal representatives, executors, and assigns. I
understand that I am signing this release as a condition to and in consideration of my participation in the Event. I hereby represent and warrant that I
am at least 18 years of age and of sound mind and body, and I am capable of giving this release on my behalf. I understand that, among other risks,
there may be risks of injury or death to person and property while participating in the Event, including, but not limited to, severely strained, torn and
pulled muscles; severely strained, torn, pulled and ruptured ligaments and tendons; cartilage damage; broken bones; contusions; injuries to the head,
elbow, back, spinal cord, knee, foot and ankle; mental anguish; pain; suffering; paralysis; cerebral or cognitive injury; heart; lung or other internal organ
injury; and death. I represent and warrant that I am in good physical condition and that I have no medical condition which prevents me from
participating in the Event. I understand that any injury which I may sustain during the Event may reduce or eliminate my ability to participate in other life
functions. I understand that, even with adherence to reasonable safety practices, there exists a risk of injury to those who participate in the Event. I
acknowledge that such injuries could be catastrophic, including paralysis death. I further understand that I should NOT participate in the Event unless I
am physically and medically able to do so. NEVERTHELESS, I KNOWINGLY AND FREELY ACCEPT AND ASSUME THE RISK ASSOCIATED WITH
MY PARTICIPATION IN THE EVENT, AND, ON BEHALF OF MYSELF AND EACH OF MY HEIRS, PERSONAL REPRESENTATIVES, EXECUTORS,
AND ASSIGNS, I DO HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS MDL, EMPIRE FITNESS CLUB LLC, AND EACH OF
THE FOREGOING’S AFFILIATES, SPONSORS, PARTNERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND
VOLUNTEERS (HEREINAFTER INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS THE “RELEASEES”)WITH RESPECT TO ANY AND ALL
INJURY, DISABILITY, DEATH, OR DAMAGE TO PERSON, PROPERTY OR REPUTATION RELATING TO MY PARTICIPATION IN THE EVENT AND
EVENT-RELATED RELATED ACTIVITIES (INCLUDING REGISTRATION), WHETHER ARISING FROM THE NEGLIGENCE OF ONE OR MORE OF
THE RELEASEES, THIRD PARTIES, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
I understand and agree that I will be responsible for my care and treatment in the event I sustain an injury during or as a result of my participation in the
Event. I hereby acknowledge and understand that neither MDL nor any other party at the Event (collectively, “Providers”) has any obligation or duty to
provide me with medical treatment in case of injury. Notwithstanding such absence of duty, I hereby give my consent to any Provider to seek, obtain,
and provide emergency medical treatment to me in case of injury that occurs while participating in the Event or Event-related activities. This care may
be given under whatever conditions are necessary to preserve life, limb, or my well-being. I understand that such treatment will be sought and provided
only in an emergency and that, based on the circumstances, reasonable efforts may be made to seek my consent before providing such treatment. I
understand that, during the course of or in connection with the Event, photographs, audio, video, and other recordings (the “Depictions”) may be taken
of me, and I hereby grant the Releasees and their designees and licensees the right, in any and all manner and media throughout the world and in
perpetuity, to disseminate, reproduce, record, exhibit, print and publish the Depictions, which may include my name, likeness, voice and/or biographical
material, for any purpose, including, without limitation as news or informative matter and for advertising and publicizing Releasees and their designees.
I agree that Releasees may use my personal information provided below for sales and marketing purposes, including, but not limited to, notifying me of
offers and events via mail, e-mail, phone, and other means. I may opt-out of such communications by writing to 14629 SW 104th ST Miami, FL 33186. I
hereby agree that the laws of the State of Florida, without regard to the conflict of laws principles thereof, will apply to any and all disputes or claims
relating in any way to the Event or the Release (including registration). I agree that jurisdiction for such disputes and claims relating to the Event or the
Release shall lie exclusively in the courts of the Eleventh Judicial Circuit located in Miami-Dade, Florida and I agree and expressly consent to the
exercise of personal jurisdiction in such courts. If any provision of the Release shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severed to the most limited extent possible and shall not affect the validity or enforceability of any remaining provisions.
I HEREBY AFFIRM THAT I HAVE READ THIS RELEASE, AND THAT I FULLY UNDERSTAND ITS TERMS. I FURTHER AFFIRM MY
UNDERSTANDING THAT, BY SIGNING THIS RELEASE, I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I
ACKNOWLEDGE THAT I AM SIGNING THIS RELEASE AND WAIVER FREELY AND VOLUNTARILY, AND THAT I INTEND BY MY SIGNING THIS

RELEASE TO BE BOUND BY THIS AGREEMENT TO THE FULLEST EXTENT ALLOWED BY LAW.



I agree to these terms and conditions