FORTITUDE STRENGTH LIABILITY WAIVER & ASSUMPTION OF RISK
READ CAREFULLY – THIS IS A LEGALLY BINDING CONTRACT
This Liability Waiver and Release of Claims (“Agreement”) is entered into by the undersigned participant (“Participant”) or, if under 18, their parent/legal guardian (“Guardian”), in favor of Fortitude Lyfe Fitness LLC - (trade name, Fortitude Strength) its owners, officers, employees, contractors, coaches, trainers, agents, representatives, affiliates, successors, assigns, and anyone acting on its behalf (collectively, “Fortitude Strength”).
1. VOLUNTARY PARTICIPATION & ASSUMPTION OF RISK
By entering the premises, using the facility, or participating in any activity under the supervision of Fortitude Strength, I acknowledge that:
Athletic training, fitness, strength and conditioning, and lacrosse-specific skill development inherently involve physical risk, including but not limited to muscle strains, sprains, concussions, broken bones, paralysis, cardiac events, and even death.
Risks exist both on and off the premises and apply to all Fortitude Strength-sponsored or supervised activities.
I voluntarily choose to assume all risks of injury, illness, disability, or death, whether known or unknown, foreseeable or unforeseeable, arising out of or related to my participation.
2. COMPLETE RELEASE & WAIVER OF LIABILITY
To the fullest extent permitted by law, I, on behalf of myself, my heirs, executors, administrators, successors, and assigns, hereby fully and forever release, discharge, and hold harmless Fortitude Strength from any and all liability, claims, demands, causes of action, or lawsuits, including those arising from:
Negligence (ordinary or gross) of Fortitude Strength or its representatives.
Dangerous conditions of the premises, equipment, or facilities.
Acts or omissions of other participants.
Any instruction, supervision, or training provided.
This waiver extends to all claims of every kind, whether arising in contract, tort, equity, statute, or otherwise.
3. MEDICAL TREATMENT & INSURANCE DISCLAIMER
I understand that Fortitude Strength does not provide medical treatment or insurance. I am solely responsible for obtaining and maintaining adequate health insurance. In the event of an emergency, I authorize Fortitude Strength to secure medical treatment on my behalf and agree to bear all costs.
4. INDEMNIFICATION & DEFENSE
I agree to indemnify, defend, and hold harmless Fortitude Strength from any claim, lawsuit, or demand made by or on behalf of myself, my child, or any third party arising from my participation, including attorney’s fees and litigation costs.
5. PHOTO/VIDEO RELEASE
I grant Fortitude Strength the irrevocable right to use my (or my child’s) image, likeness, and voice in photographs, videos, or media for promotional purposes without compensation.
6. MINOR PARTICIPANTS
If the Participant is under 18, I, as the parent/guardian, consent to their participation and agree to the full terms of this Agreement. I further agree to release, indemnify, and hold harmless Fortitude Strength from any claims on behalf of my child.
7. LEGAL ENFORCEABILITY
This Agreement is intended to be as broad and inclusive as permitted by law.
If any provision is found invalid, the remainder shall continue in full effect.
This Agreement shall be governed by the laws of the State of New York, and any dispute shall be brought exclusively in the courts of Albany, New York.
8. ACKNOWLEDGMENT OF UNDERSTANDING
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY. I UNDERSTAND I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.