In consideration of my participation (“I”, “mine” or “myself”) as a competitor, volunteer (or other staff member) and/or spectator (each, a “Participant”) in a Series of Sense4FIT SUMMIT classes, or at other events owned, operated, licensed or sponsored by SENSE4FIT OPERATIONAL SRL or other entity specified in Section (5) (any of the above and any ancillary events/activities/operations related thereto, a “ Event”), I confirm, accept and agree to the following:
- The risk of serious injury and/or death from the activities involved in participating in any Event, as a Participant, is significant and may include, without limitation, the following: (i) drowning; (ii) near drowning; (iii) sprains; (iv) dislocations; (v) fractures; (vi) heat and cold injuries, including burns, heat illness and hypothermia; (vii) overwork syndrome; (viii) injuries involving actions or omissions of other event participants or vehicles within the Event; (ix) animal bites and/or stings; (x) contact with poisonous plants; (xi) accidents involving, but not limited to, rowing, climbing, bicycling, hiking, skiing, obstacles, boating, trucking, car or other convenience, falls from height; (xii) heart attack; (xiii) diseases caused by exposure to water or sludge contaminated with faeces; (xiv) diseases or conditions, including COVID-19 or any other disease resulting from the SARS-CoV-2 virus, as a result of exposure to other Participants or a Beneficiary (as defined herein); (xv) permanent paralysis; and/or (xvi) death. Although certain rules, equipment and/or personal discipline can reduce this risk, there is still a risk of serious injury and/or death.
- AFTER HAVING HAD AN OPPORTUNITY TO INFORM MYSELF FULLY REGARDING THE EVENT, I (the undersigned) UNDERSTAND AND KNOWINGLY, VOLUNTARILY AND FREELY ACCEPT ALL THESE RISKS, BOTH KNOWN AND UNKNOWN, INCLUDING IF CAUSED BY THE NEGLIGENCE OR ACTS OR OMISSIONS OF BENEFICIARIES, AS DEFINED BELOW, OR OF OTHER PERSONS, AND I ASSUME ALL RESPONSIBILITY AND ALL RISK FOR MY PARTICIPATION IN THE EVENT.
- I knowingly and voluntarily agree to abide by any customary terms and conditions stated (made available to me) for the Participant’s participation in an Event. However, if I notice an unusual and/or significant hazard during my attendance at the Event, I will withdraw myself from participation and bring this hazard to the attention of the nearest Event representative.
- I, on my behalf, attest and verify that:
(i) except as indicated below, I am over 18 years of age and legally sign on my own behalf (ii) the Participant has no diseases, injuries or defects that could interfere with the safe participation of any person (including to) at an Event; (iii) Participant is physically fit and sufficiently trained to participate in all activities associated with the Event; (iv) the Participant will NOT be under the influence of alcoholic beverages and/or drugs at the time of the Event and (v) on the date of the Event, the Participant will hold and be covered by medical/health insurance, individually or as part of an organization . I acknowledge that I, the Participant, am aware and informed of the risks inherent in participating in the Event and that the Participant’s participation in an Event is entirely voluntary.
5.To the fullest extent permitted by applicable law, I, on behalf of myself and our heirs, assigns, spouses, partners, personal representatives and/or relatives, forever ASSUME ENTIRE LIABILITY, RIGHT TO USE AGREEMENT, RELEASE AND AGREE TO I DO NOT SUE SENSE4FIT OPERATIONAL SRL, established according to the laws of Romania, with headquarters in Sos. Bucuresti Nord, no. 15-25, Building B, et. 2, Jud. Ilfov, Voluntari, Romania, registered at the Bucharest Trade Registry under no. J23/4764/2022, fiscal code: 45892368, represented by Mr. Antonio Enache and their owners, officers, directors, employees, contractors, representatives, agents and affiliates and, as the case may be, any direct or indirect parent or subsidiary, predecessor, successor, successor, assignee, media partner, associated charity, sponsor or health care provider of any of the above (collectively, “Beneficiaries”) WITH RESPECT TO ANY LAWSUITS, CLAIMS OR LOSSES AND ANY INJURY, DISABILITY, DEATH AND/OR LOSS OR DAMAGE TO PERSONS OR PROPERTY, IN CONNECTION WITH PARTICIPATION IN THE EVENT, WHETHER CAUSED BY THE NEGLIGENCE OR WILLFUL CONDUCT OF THE BENEFICIARIES OR OTHERWISE. I also agree to indemnify, defend and hold harmless the Beneficiaries from any and all liability for losses, costs, claims and/or damages arising out of the Participant’s participation in or association with the Event, including but not limited to the reasonable fees of lawyers.
- In order to be able to participate in the Event, I, on my own behalf, undertake and declare under my own responsibility: (i) I have taken note of the recommendations of the organizers regarding the clothing and footwear to be used during the event and that I will follow these recommendations; (ii) I will strictly follow the instructions of the class coaches, the coaches being persons empowered to interrupt the event in case the event regulations are violated; (iii) I will not throw any type of waste in the perimeter of the event, outside the specially arranged spaces, having been informed that in case of non-compliance with this condition, I am liable to be disqualified from the event, without the right of appeal (and without the return of the participation fee); (iv) I will behave in a decent and sportsmanlike manner throughout the duration of the event without embarrassing the other participants and/or organizers;
- I, on my behalf, consent to the administration of first aid and other medical treatment and related services, including evacuation/transportation, in the event of injury or illness in connection with participation in the Event and hereby release and indemnify the Beneficiaries from any liability or claims arising from such treatments and/or services. I also consent and agree to obtain, provide and permit, if necessary, the use and disclosure of my personal health information by these providers in connection with the provision of services and/or treatment and to sign any additional documents that may be requested by these providers in connection with such information or services.
- The Beneficiaries reserve the right, exclusively, to postpone, cancel or modify the Event due to factors beyond the control of the Beneficiaries that could affect the health and/or safety of the Participants. SENSE4FIT OPERATIONAL SRL will not be obliged to reimburse any Participant for registration fees due to a canceled Event.
- I, on my behalf, irrevocably grant the Beneficiaries unlimited permission to use, reproduce, sell, disseminate and distribute any photographs, images, videotapes, films, recordings or any other representation of any kind of the Participant or my participation or Child at an Event or related activity for any marketing purpose, in perpetuity and understand that the Participant will not be entitled to any compensation in connection therewith. I also hereby irrevocably and absolutely grant permission to film, video record and record the Participant’s performance at the Event and to subsequently transmit, sell, distribute and otherwise use this in any manner that I may The beneficiary considers it appropriate. This permission shall include granting the Beneficiary unlimited and irrevocable rights, without compensation of any kind to the Participant, to use, reproduce or broadcast the Participant’s name, nickname, image, likeness, voice, photograph in connection with the Event. I acknowledge that the Beneficiaries shall have unlimited worldwide rights to copyright, use, reuse, publish, republish, broadcast and otherwise distribute representations or information about the Participant and all or any part of the event in which the Participant may appear on any local radio, network, cable and television program and in any printed materials and in any other format or medium (including electronic media) hereafter known or devised, in perpetuity and without compensation to Participant.
- In exchange for permission to participate in the Event, the Participant indemnifies and agrees not to sue the Assignees for present and future claims regarding the Participant’s participation in the Events organized by the Beneficiaries, including the event, by the participant and their heirs, assignees, spouses, partners, representatives personal and/or his close relatives.
- If any of the provisions of this Waiver, Release of Liability, Non-Sue Agreement and Right to Use Image (“Waiver”) shall be held by a court of competent jurisdiction to be invalid or unenforceable in any respect , then, to the extent permitted by applicable law, all other provisions herein shall remain in full force and effect.