ATHLETES WAREHOUSE LIABILITY TERMS

I acknowledge that in addition to the usual dangers and risks inherent in the strength and conditioning of youth and adult training, certain additional dangers and risks exist when participating in Athletes Warehouse LLC activities and using the Athletes Warehouse LLC facilities and strength and conditioning equipment, including, but not limited to, the danger and risk of falling, jumping, landing, lifting, running, height and motion. By signing this Waiver, I freely accept and fully assume responsibility for all such dangers and risks and the possibility of personal injury, death, property damage or loss resulting therefrom.
In consideration of utilizing the Athletes Warehouse LLC facilities, programs and equipment, and for other good and valuable consideration, I hereby agree as follows:


TO WAIVE ANY AND ALL CLAIMS for personal injury including death, illness, and/or property damage that I or my child may have against Athletes Warehouse LLC, their principals, directors, sponsors, affiliates, employees, subsidiaries, representatives and any volunteers in any way associated with Athletes Warehouse LLC, all of whom are hereinafter collectively referred to as the “Releasees.”


TO RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY for any loss, damage, injury, death, medical or other expense that I or my child may suffer or that any other party may suffer as a result of my use of Athletes Warehouse LLC facilities, programs or equipment and or I or my child’s participation in any Athlete’s Warehouse LLC training, programs or other activities.


TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party, resulting from my use of or participation in, any Athlete’s Warehouse LLC training, programs or other activities or by my child’s participation in training-related activities or other Athlete Warehouse LLC activities.

THIS RELEASE OF LIABILITY SHALL BE EFFECTIVE AND BINDING upon my heirs, next of kin, executors, administrators, successors, and assigns in the event of my or my child’s personal injury including death, illness, and/or property damage.

I ADDITIONALLY AGREE that my child and I shall follow all Athlete’s Warehouse LLC safety procedures when participating in Athlete’s Warehouse LLC programs and/or use Athletes Warehouse LLC facilities and equipment. I also expressly grant to Athletes Warehouse LLC. and any third party authorized by them, subject to the laws of the State of New York and the United States of America the right to film, videotape, photograph, collect data that is used for research, publishing and/or educational purposes, record my child’s voice and make any reproductions of my child’s physical likeness and voice but not his name, and the irrevocable, non-exclusive, royalty-free right in perpetuity to use, display, and digitally enhance such likeness in any media now known or hereafter devised, including, but not limited to, the exhibition and/or online use, broadcast, theatrically or on television, cable, or radio, any motion picture, videotape, DVD, CD or any Internet Service or program in which such likeness may be used or otherwise, or any published articles and research journals, catalogs, or websites in which such likeness may be printed, used or incorporated, and in the advertising, exploiting, and publicizing of the Athlete’s Warehouse LLC facility, as well as its products, licensed products, and all affiliated relationships. It is understood, that Releasees shall not have the right to use any material (i.e. footage or photographs) shot in connection with the Athletes Warehouse LLC programs for any reason whatsoever. My child and I expressly agree and promise to accept and assume all of the risks existing with the use of Athletes Warehouse, LLC. My participation in any and all activities at Athletes Warehouse, LLC is purely voluntary and my child and/or I elect to participate in spite of any risks.

I ADDITIONALLY AGREE that if my child and/or I am to enroll in any membership agreement, classes, private training, strength training or any other program or service potentially provided at or by Athletes Warehouse LLC and/or the Releasees. My child and/or I knowingly accept all responsibilities, with regard to our knowledge, understanding, and adherence to correctly performing any exercises, workouts, or any movement in or outside the Athletes Warehouse LLC facility. With this understanding, I agree that it is completely my child’s or my decision to follow any statement, suggestion, or guidance provided by the Releasees. Additionally, I, therefore, accept any and all responsibility for any injuries, damages, or claims suffered in or outside of the Athletes Warehouse LLC facility due to adhering to any suggestions, statements or guidance (including, but not limited to, any program in the print or digital format) provided by the Releasees.


I ADDITIONALLY AGREE that if I am renting any portion of the Athletes Warehouse LLC facility and/ or any additional space they have contracted, I knowingly accept all responsibility for any injuries, damages, and claims, that may result during my rentable time at Athletes Warehouse LLC and/or any additional contracted space. Additionally, I accept all responsibility for injuries, damages, or claims, that may occur to any or all of the spectators, coaches, or non-involved individuals. I accept a further understanding that I am responsible for cleaning, clearing, and making any and all portions of the Athletes Warehouse LLC facility and/or any additional contracted space safe and clear for myself and any parties. I hereby accept this responsibility for the aforementioned area I am renting, during 5 minutes prior and 5 minutes post termination of the given day’s rentable time period. Additionally, I accept responsibility for any damages, injuries, and or claims any party may cause to Athletes Warehouse LLC, any additional contracted space, and/or the Releasees, from the time of 5 minutes prior, during, and 5 minutes post my rentable time slot for the given day.

I ADDITIONALLY AGREE that by signing this Waiver, I understand that by releasing Athletes Warehouse LLC, I am also releasing any and all of Athletes Warehouse LLC employees, managers, contractors, owners, representatives, affiliates, subsidiaries and related companies.

I HEREBY CERTIFY THAT my child is and/or I am covered by his/her or my own medical insurance and that I have read and understood this Waiver prior to signing it, and I am aware that by signing this Waiver I am waiving certain legal rights which I, my child, or our heirs, next of kin, executors, administrators, successors, and assigns may have against the Releasees. Athletes Warehouse LLC shall have the right to impose any additional conditions which, in the opinion of the Releasees, will further the intent and legal rights and waivers provided herein. This Waiver was made and executed in the State of New York and shall be governed by, enforced in and construed in accordance with the laws of the State of New York. I acknowledge that in executing this Waiver, I am not relying on any inducements, promises, or representations made by the Releasees. I am acting on behalf of the attendee’s other parent in signing this contract and I have authority to bind such other parent to the terms and conditions of this contract on his or her behalf. I hereby further certify that I and/or my child have been cleared by a medical professional to partake in physical activity and strength and conditioning programs.

Assumption of Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.


Athlete’s Warehouse, LLC has put in place preventative measures to reduce the spread of COVID-19; however, the Athlete’s Warehouse LLC cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Athlete’s Warehouse LLC sessions or facilities could increase your risk and your child(ren)’s risk of contracting COVID-19.


By signing this agreement, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you and/or your child(ren) may be exposed to or infected by COVID-19 by attending Athlete’s Warehouse LLC or its facilities and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Athlete’s Warehouse LLC employees, program participants and their families.


You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to you and/or your child(ren) including, but not limited to, personal injury, disability, and death, illness, damage, loss, claim, liability, or expense, of any kind, that you and/or your child(ren) may experience or incur in connection with attendance at Athlete’s Warehouse LLC, its facilities or participation in Athlete’s Warehouse LLC programming (all of the foregoing, collectively “Claims”). On your behalf, and on behalf of your children, you hereby release, covenant not to sue, discharge, and hold harmless Athlete’s Warehouse LLC, its members, officers, employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Athlete’s Warehouse LLC, its members, officers, employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Athlete’s Warehouse LLC program.