Waiver and release of liability and assumption of risk

In consideration of me being allowed to participate in physical activity sessions with Dynamax medicine ball training, (“Activity”), I agree:

1. I understand dangers may be caused by, related to or arising from my own actions, or inactions, the actions or inactions of others participating in the Activity, and the condition. I understand the nature of Dynamax medicine ball training Activities and acknowledge my experience and capabilities and believe I am qualified to participate in such Activity. I further acknowledge that I am aware that the activity will be conducted in facilities open to the public during the 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.
2. I FULLY UNDERSTAND that: (a) Dynamax medicine ball training Activities involve risks and dangers of SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“Risks”); (b) these Risks in which the Activity takes place or THE NEGLIGENCE OF THE “RELEASEES” 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 incurred as a result of my participation in the Activity.
3. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO HOLD HARMLESS Dynamax, Inc., their Parent Company, PlayCore Group, Inc., and their respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises on which the Activity takes place (each considered one of the “Releasees” herein) from all liability, claims, demands, losses, or damages on account caused or alleged to be caused, in whole or in part, by the acts, direction and services, including but not limited to, any negligence, liability or omissions of the “Releasees” or otherwise, including negligent rescue operations and further agree that if, despite this release, I or anyone on my behalf makes a claim against any of the Releasees named above, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE OR COST T H A T MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
4. I ACKNOWLEDGE that by signing this release I give Dynamax Inc. express permission to use images or videos I may appear in by participating in this event in things such as promotional items, advertisements, and commercial products royalty-free. I further acknowledge that copies of such items do not need to be approved by me, and that I am not entitled to any compensation for the use of my image or likeliness in said items. I surrender my rights to royalties or compensation for the sale of any products or items bearing these images produced or associated with Dynamax Inc. or any person or entity related, expressed or implied to Dynamax Inc.

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 A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY THE LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THAT THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.