Activities Participation, Liability Release and Media Release Agreement
ACTIVITIES PARTICIPATION, LIABILITY RELEASE AND MEDIA RELEASE AGREEMENT (“AGREEMENT”)
In consideration of being allowed to participate in any training, events, and activities with Flow Motion Youth Athletics, a program of Flow Motion Running, LLC (“Flow Motion,” “we,” “us,” or “our”) (“Activities”), I, on behalf of myself and my participating child, acknowledge, understand, and willingly agree to the following:
ACTIVITIES PARTICIPATION
I understand and acknowledge that participation in the Activities can be inherently dangerous, and it is impossible to ensure the safety of all participants. These Activities, including running, jumping, throwing, agility drills, strength and conditioning work, and plyometric exercises, demand cardiovascular exertion, coordination, balance, power, and rapid changes of direction, and carry inherent risks including falls, collisions with other participants or equipment, and muscle, joint, or ligament strain.
While participating in the Activities, accidents can happen. Some of these accidents may be minor, like collisions with other participants, falls to the ground, or being struck by equipment used in drills, such as balls, cones, hurdles, or medicine balls. Other accidents may be more significant, like landing awkwardly from a jump or a collision with fixed equipment. Injuries may also include minor injuries like scrapes, bruises, strains, blisters, and sprains; more serious injuries like broken bones, concussions, muscle tears, and ligament tears; and catastrophic injuries like heat stroke, cardiac arrest, and death.
To reduce the risk of injury, all participants are expected to be physically fit before Flow Motion Youth Athletics activities begin and must follow the coaching staff’s instructions and safety guidelines, thus creating a safe training environment.
Despite such risks, I willingly agree to have my child participate in the Activities and comply with the terms and conditions for participation in the Activities, which I acknowledge receiving and understand completely. If I observe any unusual significant hazard during my presence or participation, I will remove my child from participation and notify Flow Motion Youth Athletics of such hazard immediately.
I certify that my child is physically and mentally fit to participate in the Activities and has not been advised by a qualified medical professional not to participate in any of the Activities offered by Flow Motion Youth Athletics. I certify that there are no health-related reasons or problems which preclude my child’s participation in these Activities and have disclosed to Flow Motion Youth Athletics any underlying medical conditions.
I hereby consent to my child receiving medical treatment which may be deemed advisable by Flow Motion Youth Athletics in the event of injury, accident, and/or illness during my child’s participation in the Activities. I agree that I, on behalf of myself and my child, will not hold the Releasees (defined below) responsible for any claims resulting from any medical treatment my child may receive. I certify that my child currently has medical/health insurance to cover any injuries that they may sustain during their participation in the Activities. I further understand that in the event of a medical emergency, Flow Motion Youth Athletics will call EMS to render assistance and that I will be financially responsible for any expenses.
LIABILITY RELEASE
I RELEASE, WAIVE, AND DISCHARGE ANY AND ALL CLAIMS that I, for myself, and on behalf of my child, and our heirs, assigns, personal representatives, and next of kin, may have now or in the future against Flow Motion Youth Athletics, Flow Motion Running, LLC, and their officers, directors, employees, contractors, subcontractors, sponsors, suppliers, representatives, agents, affiliates, insurers, successors and assigns; other participants, teams, sponsors, and advertisers of the Activities; and, if applicable, owners and lessors of the premises used by Flow Motion Youth Athletics (“Releasees”) for any liability, expenses (including attorneys’ fees), loss or damage to person or property, injury, death or disability suffered from or in connection with participation in the Activities due to any cause whatsoever, INCLUDING THE NEGLIGENCE ON THE PART OF THE RELEASEES. I HEREBY AGREE NOT TO SUE OR MAKE CLAIMS AGAINST THE RELEASEES AND GIVE UP ANY AND ALL OF MY RIGHTS TO DO SO.
I, for myself, and on behalf of my child, and our heirs, assigns, personal representatives, and next of kin, HEREBY INDEMNIFY, DEFEND AND HOLD HARMLESS the Releasees, with respect to any liability, expenses (including attorneys’ fees), loss or damage to person or property, injury, death or disability associated in connection with participation in the Activities, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by applicable law.
MEDIA RELEASE
I give Flow Motion Youth Athletics and Flow Motion Running, LLC an irrevocable, world-wide, royalty-free right and license to use my child’s and/or my name, likeness, image, voice, and/or appearance, whether in pictures, photos, video, or audio recordings, digital images, and similar media in connection with the Activities (“Likeness”).
I agree that Flow Motion Youth Athletics and Flow Motion Running, LLC have complete ownership of these items arising from the Activities and containing the Likeness, including the copyright, to promote and advertise the business, including in all promotional and educational materials in any medium, including the Internet, and others known and unknown.
I agree that I will not receive any compensation for use of the Likeness.
I acknowledge that I will not be entitled to receive any consideration or other compensation for the use of the Likeness and release the Releasees (defined above) from all claims for libel, slander, invasion of privacy, infringement of copyright or right of publicity, or other claims related to the Likeness.
If you would prefer we not take photographs or videos of your child, please notify us via email at info@flowmotionrunning.com.
This Agreement and any disputes arising out of or related to my involvement in the Activities, or this Agreement, shall be governed by, construed, and enforced in accordance with the laws of the State of North Carolina, without regard to conflict of law principles. Jurisdiction and venue for any disputes arising out of or related to my involvement in the Activities or this Agreement shall be exclusively in the courts of Mecklenburg County, North Carolina, or the Federal District Court for the Western District of North Carolina.
This Agreement contains the entire agreement between the undersigned and Flow Motion Youth Athletics concerning its subject matter. This Agreement supersedes any prior agreements or understandings between me and Flow Motion Youth Athletics concerning the subject matter of this Agreement and will remain in effect unless and until terminated or replaced by a new written agreement.
If any provision of this Agreement, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of it requiring any steps, actions, or results, the remaining parts or portions of this Agreement shall remain in full force and effect.
I also certify that I have read, understand, and accept Flow Motion Running, LLC’s Privacy Policy regarding how information is collected, used, and shared, which is viewable at: [insert privacy policy URL]
I AM THE PARENT OR LEGAL GUARDIAN OF THE ABOVE-NAMED PARTICIPANT AND I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS AGREEMENT. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT, I AM GIVING UP VALUABLE LEGAL RIGHTS AS STATED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.