WAIVER AND RELEASE OF LIABILITY
ASSUMPTION OF RISK AND PARENTAL CONSENT
PLEASE READ THIS DOCUMENT CAREFULLY
This Waiver and Release of Liability (“Agreement”) is entered into by the undersigned participant, or if the participant is a minor, by the participant’s parent or legal guardian (“Participant”), in favor of Pure Athletex, including its DBAs Pure Turf, Pure Hoops Academy, Pure Tennis Academy, and The Gym at Pure Athletex (collectively, “Pure Athletex”).
ASSUMPTION OF RISK
I understand and acknowledge that participation in athletic, fitness, training, conditioning, instructional, and recreational activities — including but not limited to tennis, basketball, baseball, softball, football, soccer, strength training, weightlifting, and general fitness activities — involves inherent risks. These risks include, but are not limited to, serious bodily injury, permanent disability, paralysis, illness, death, and property damage.
I acknowledge that these risks may arise from my own actions or inactions, the actions or inactions of others, the condition of the premises or facilities, the use or misuse of equipment, weather conditions, or other causes, including risks that may not be known or reasonably foreseeable at this time.
I knowingly and voluntarily assume all such risks, whether known or unknown, foreseeable or unforeseeable, associated with participation in any activities conducted by or associated with Pure Athletex.
PARTICIPANT RESPONSIBILITIES
I agree to exercise reasonable care for my own safety and, if applicable, for the safety of my child. I agree to immediately notify a coach, instructor, or Pure Athletex employee if I become aware of any unsafe condition and to refrain from participating until such condition is addressed.
RELEASE AND WAIVER OF LIABILITY
In consideration for being permitted to participate in activities at or associated with Pure Athletex, I hereby release, waive, discharge, and covenant not to sue Pure Athletex and its owners, officers, directors, employees, agents, coaches, instructors, affiliates, and representatives (collectively, the “Released Parties”) from any and all claims, demands, causes of action, damages, losses, or liabilities of any kind arising out of or related to participation in Pure Athletex activities.
This release includes, but is not limited to, claims arising from the ordinary negligence of the Released Parties, to the fullest extent permitted by Pennsylvania law.
This release does not apply to gross negligence or willful misconduct.
INDEMNIFICATION
I agree to indemnify and hold harmless the Released Parties from any and all claims, demands, damages, losses, liabilities, or expenses (including reasonable attorneys’ fees) arising out of or related to my participation, or my child’s participation, in Pure Athletex activities, including claims brought by third parties caused in whole or in part by my actions or omissions.
OFF-SITE ACTIVITIES
I acknowledge that Pure Athletex may conduct training programs, practices, events, or activities at locations other than its primary facility. I understand and agree that this Agreement applies to all such off-site activities, including participation at alternate facilities, fields, courts, or venues, and, where applicable, travel to and from such locations.
MEDIA RELEASE
I grant Pure Athletex the irrevocable right to photograph, video record, or otherwise capture my image or my child’s image during participation in activities and to use such images or recordings for lawful promotional, marketing, educational, or informational purposes, including but not limited to websites, social media, advertisements, brochures, newsletters, and other print or digital materials, without compensation.
Pure Athletex is mindful of participant privacy and will use such materials solely for appropriate business purposes. If I do not wish for myself or my child to be included in marketing or promotional materials, I may opt out by emailing David@pureathletex.com.
MARKETING COMMUNICATIONS
I consent to receive marketing or informational communications from Pure Athletex and its affiliated programs. I understand that I may opt out of such communications at any time by emailing David@pureathletex.com.
PARENTAL / GUARDIAN CONSENT
If the participant is a minor, I represent and warrant that I am the parent or legal guardian of the minor participant and that I have the full legal authority to execute this Agreement on behalf of the minor. I agree that this Agreement is binding upon myself, the minor participant, and our respective heirs, assigns, and legal representatives.
SEVERABILITY
I agree that if any portion of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Any legal action arising out of or related to this Agreement shall be brought in a court of competent jurisdiction within the Commonwealth of Pennsylvania.
ACKNOWLEDGMENT AND SIGNATURE
I acknowledge that I have read this Agreement in its entirety, understand its terms, and understand that by signing this Agreement I am giving up substantial legal rights on behalf of myself and/or my child. I voluntarily agree to be bound by its terms.