Client & Guest Waiver

I (The Athlete (18+) OR Parent/Guardian of the minor athlete) HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge PROCESS DRIVEN SPORTS ACADEMY LLC/FREEDOM PERFORMANCE, PROCESS DRIVEN SPORTS ACADEMY LLC/FREEDOM PERFORMANCE and its agents, employees, officers, directors, affiliates, successors and assigns, of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages, and liabilities, of every kind and nature, whether known or unknown, in law or equity, that The ATHLETE ever had or may have, arising from or in any way related to The ATHLETE’s participation in any of the events or activities conducted by, on the premises of, or for the benefit of the RELEASOR, provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct.  

I understand that the activities that The ATHLETE will participate in are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property, and/or death.  On behalf of the ATHLETE, my heirs, assigns, and next of kin, I waive all claims for damages, injuries and death sustained to me or my property, that I may have against the released party to such activity.

The ATHLETE understands that PROCESS DRIVEN SPORTS ACADEMY LLC/FREEDOM PERFORMANCE operates in a very competitive environment and the training, instruction, classes, and activities that The ATHLETE is participating in are competitive in nature and that coaches may motivate the participants to grow, work harder and become better but that this motivation and participation may be uncomfortable or hard at times. 

The ATHLETE consents to be the subject of photographs, images, likenesses, videos taken for promotion, marketing, training, or any other business use of PROCESS DRIVEN SPORTS ACADEMY LLC/FREEDOM PERFORMANCE together with any subject matter owned by The ATHLETE and hereby authorizes PROCESS DRIVEN SPORTS ACADEMY LLC/FREEDOM PERFORMANCE to cause the same to be exhibited, with or without advertising sponsorship, as still photographs, transparencies, motion pictures, television, video or other similar media.

The ATHLETE hereby releases PROCESS DRIVEN SPORTS ACADEMY LLC/FREEDOM PERFORMANCE, and any associates, as well as any assignees, from any and all claims for damages for libel, slander, invasion of privacy, or any other claim based on the use of the above-described material(s).

The ATHLETE acknowledges that PROCESS DRIVEN SPORTS ACADEMY LLC/FREEDOM PERFORMANCE use of photographs, images, likenesses, videos is not in violation of any other agreements The ATHLETE has within any other entity, person or organization. 

The ATHLETE further releases PROCESS DRIVEN SPORTS ACADEMY LLC/FREEDOM PERFORMANCE and any associates, as well as any assignees, from any and all claims for damages related to photographs, images or likeness it uses.

The ATHLETE understands that this program includes exercises to build the cardiorespiratory system (heart and lungs), the musculoskeletal system (muscle endurance and strength, and flexibility), and to improve specific sports skills. The program/activities may include aerobic activities (treadmill, walking, running, and other aerobic activities), calisthenic exercises, and weightlifting to improve muscular strength and endurance and flexibility exercises to improve joint range of motion. 

The ATHLETE understands that the reaction of the heart, lung, and blood vessel system to exercise cannot always be predicted with accuracy. I know there is a risk of certain abnormal changes occurring during or following exercise which may include abnormalities of blood pressure or heart attacks. Use of the weightlifting equipment and engaging in heavy body calisthenics may lead to musculoskeletal strains, pain, and injury if adequate warm-up, gradual progression, and safety procedures are not followed. I understand and agree that PROCESS DRIVEN SPORTS ACADEMY LLC/FREEDOM PERFORMANCE, its employees, trainers, coaches, staff, and agents shall not be liable for any damages arising from personal injuries sustained by me while and during the personal training program. I also understand and agree that I will be using the exercising equipment of PROCESS DRIVEN SPORTS ACADEMY LLC/FREEDOM PERFORMANCE during the program at my own risk. The ATHLETE assumes full responsibility for any injuries or damages which may occur during the training.

The ATHLETE has the necessary and requisite skills to participate in all facets of, and activities of and requested of this facility. The nature of the activities has been fully disclosed and any flyer, advertisement, or brochure relating to the participating activities is expressly made a part of this WAIVER AND RELEASE.  I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately exercise my parental/guardianship rights and discontinue further participation by The ATHLETE in the activity.

The ATHLETE understands it is their responsibility to inform the trainer of any injuries or medical conditions EVERY time he or she participate in a personal training session, small group training session, or event.

By this Waiver, I, The ATHLETE, assume any risk, and take full responsibility and waive any claims of personal injury, death or damage to personal property associated with training, instruction, and participation in any activities at PROCESS DRIVEN SPORTS ACADEMY LLC/FREEDOM PERFORMANCE including but not limited to training at the facility, using the facility and its equipment, practicing and/or engaging in any sports, or action sports activities, events or other related activities on and off the premises.  

This WAIVER AND RELEASE contains the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE.  The provisions of this WAIVER AND RELEASE  may be waived, altered, amended, or repealed, in whole or in part, only upon the prior written consent of all parties.

The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of, PROCESS DRIVEN SPORTS ACADEMY LLC/FREEDOM PERFORMANCE whether by agreement, by operation of law, or otherwise.                      

I have read, understand, and fully agree to the terms of this WAIVER AND RELEASE.  I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me.  My signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law.