Dark Horse Performance

Athlete Waiver/Release


ATHLETE WAIVER/RELEASE FORM (“AGREEMENT”)

In consideration of being permitted to participate in any way in any Dark Horse Performance LLC activity (“Activity”) I, for myself, my personal representatives, assigns, heirs, and next of kin:

ACKNOWLEDGE, agree and represent that I understand the nature of the Activity and that I am qualified, in good health, and in proper physical condition to participate in such Activity.  I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
I FULLY UNDERSTAND that:  (a)  ATHLETIC ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH (“RISKS”); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE ‘RELEASES’ NAMED BELOW; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activity.
I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE the Dark Horse Performance LLC (DHP LLC), or any of its related or affiliated and subsidiary companies, as well as the officers, directors, agents, employees and assigns of each, and the DHP LLC’s Associations, clubs, coaches, officials, administrator, members, volunteers, participants, sponsors, advertisers, and if applicable owners and lessors of premises on which the Activity takes place, and any other party indemnified and held harmless by the DHP LLC (each considered one of the ‘RELEASES” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PARTY BY THE NEGLIGENCE OF THE “RELEASES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS, NEGLIGENT SECURITY, TRAVEL, AND RECREATIONAL OPERATIONS AND ACTIVITIES; AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Release’s, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS BEACH OF THE RELEASES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
APPLICABLE LAW: This agreement is governed by the laws of Douglas County, Colorado and you consent to the non-exclusive jurisdiction and venue of courts in Douglas County, Colorado in any and all disputes arising out of or relating to the use of this Activity. Use and participation of this Agreement/Activity is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of this Activity is unauthorized, it is your responsibility to cease using this Agreement.

AGREEMENT TO PARTICIPATE

I, or we, grant to the Directors, Assistants, or assigned chaperones of this event to act as guardians/spokesman in granting permission for emergency treatment/hospitalization (including anesthesia) if necessary for a child or anyone en route to or from or at the site of DHP LLC event or hospital or other medical facility.  I understand that should a health emergency arise, I will be attempted to be notified, but that if I cannot be reached by telephone, such medical treatment as deemed necessary, by competent medical personnel is authorized.  

I hereby authorize the DHP LLC to allow the reproduction, dissemination and/or publication of my name and likeness for media coverage, public relations, or any other purpose which may involve the use of photographs, films, and/or video tape recording.  This is to be done in conjunctions with my participating in this DHP LLC event and I understand and agree that I may neither pay a fee to receive individual promotional consideration from my participation in this event nor will I receive any payment for the possible commercial use of my name or likeness.

INSURANCE; DHP LLC membership does not provide medical insurance for any member athlete participating in a DHP LLC-sanctioned practice or event.  If the athlete has medical coverage, theirs will be applied.

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.

 

MINOR RELEASE ACKNOWLEDGMENT
(only if under the age of 18 or require a legal guardian)

PARENT/GUARDIAN SIGNATURE REQUIRED (only if participant is under the age of  18 or requires legal guardian)

MINOR RELEASE (if applies):  AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF ATHLETIC ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY.  I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASES FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PARTY BY THE NEGLIGENCE OF THE “RELEASES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULTS OF ANY SUCH CLAIM.

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Signed by h g
Signed On: January 5, 2018

Dark Horse Performance https://www.darkhorse.training
Signature Certificate
Document name: Athlete Waiver/Release
Unique Document ID: cc6ae4b13354dcec20391a6d54ff72b4e166a4a6
Timestamp Audit
July 31, 2017 7:36 pm MDT Athlete Waiver/Release Uploaded by Justin Biays - [email protected] IP 173.171.19.118
January 5, 2018 2:06 pm MDT Document owner [email protected] has handed over this document to [email protected] 2018-01-05 14:06:58 - 173.171.19.118
January 5, 2018 2:10 pm MDT Document owner [email protected] has handed over this document to [email protected] 2018-01-05 14:10:53 - 173.171.19.118