Oshkosh Summer Fun Runs

pdsF.U.S.I.O.N. INC

PARTICIPANT LIABILITY RELEASE AND WAIVER

In consideration of my participation in the programs offered by pdsF.U.S.I.O.N. INC; I, the undersigned Participant, agree to assume the risks incidental to such participation (which include, but are not limited to, property damage, bodily injury and death) and on my own behalf and on behalf of my heirs, executors and administrators release and forever discharge pdsF.U.S.I.O.N. INC and its members, employees, contractors, successors and assigns (the “released parties”) of and from all liabilities, claims, actions, damages, costs or expenses of any nature arising out of or in any way connected with my participation in such programs and further agree to indemnify and hold each of the released parties harmless against any and all such liabilities, claims, actions, damages, costs or expenses including, but not limited to, all attorneys’ fees and disbursements.

 

Participant understands and agrees that activities associated with the pdsF.U.S.I.O.N. INC programs may be dangerous and that pdsF.U.S.I.O.N. INC cannot guarantee the safety of the Participant. Any pdsF.U.S.I.O.N. INC programs Participant may take part in will be considered to have been undertaken with Participant’s approval and understanding of any and all risks involved.

 

I understand that this release, indemnity and hold harmless agreement includes any claims based on negligence, action, inaction or fault of any of the above released parties and covers bodily injury (including death) and property damage related to my participation in the pdsF.U.S.I.O.N. INC Fitness programs, whether suffered by me before, during or after such participation.

 

 

DECLARATION OF FITNESS AND AUTHORIZATION FOR MEDICAL TREATMENT:

I declare that I am in good physical condition and do not suffer from any disability that would prevent or limit my participation in this exercise program. I understand that my providing of emergency contact information in no way obligates pdsF.U.S.I.O.N. INC to contact that individual or seek consent to provide medical help or treatment. I further authorize medical treatment for myself, at my cost, if the need arises.

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I am aware of the dangers and risks associated with my participation in any exercise program (including but not limited to those ranging from abrasions, muscle strains/sprains, dizziness, delayed-onset muscle soreness, and joint pain to heart failure, stroke and death). I agree to limit my activity to a level that is comfortable to me and to stop all activity if I feel uncomfortable. I understand that I am responsible for my own physical limitations and for monitoring my own exercise intensity while participating in this program. I will notify the class instructor and my physician if I experience discomfort. I also understand that I am not required to perform all the class exercises and that I may withdraw from this program at any time.

 

The language of all parts of this release shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. This release is the only, sole, entire, and complete agreement of the parties relating in any way to the subject matter hereof. No statements, promises, or representations have been made by any party to any other, or relied upon, and no consideration has been offered or promised, other than as may be expressly provided herein. This release supersedes any earlier written or oral understandings or agreements between the parties.

 

For valuable consideration received, which I hereby acknowledge, hereby grant pdsF.U.S.I.O.N. INC, its legal representatives, agents, assigns, the irrevocable and unrestricted right in perpetuity to use and publish my name (or any fictional name) and/or likeness, in all forms and media, whether photography, film, tape or other tangible medium, for editorial, trade, advertising purposes, whether print, billboards, packaging, world wide web or television, and for any other lawful purpose and in any manner and medium, in any geographical area worldwide; to alter the same without restriction; and to copyright the same. I waive any right to inspect or approve the finished product that may be created in connection therewith. I hereby release pdsF.U.S.I.O.N. INC its legal representatives, agents, and assigns, from all claims and liability relating to its reproduction of my name or likeness. I have read this and am fully familiar with its contents.

 

By signing this form, I declare that I have read, have understood, and agree to the contents of this fitness consent and release of liability in its entirety.