• PLAYER PROSPECTIVE FORM - POWER BASEBALL CLUB

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  • General Information

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  • POWER BASEBALL CLUB

    MEDICAL RELEASE WAIVER
  • I, the parent or guardian of the named registered child, hereby gives approval for his/her participation in any and all activities of Power Baseball Club and Power Endurance Training Center during the current season or training session. I hereby release and hold harmless from any and all liability or claims for damage or injury to person or property of the named child arising from or due to participation in said activity by reason of any act or omission caused by Power Baseball Club, Power Endurance Training Center and any of their officers, sponsors, or supervisors, or conditions of the property.

    I likewise release from any responsibility any person transporting my child/children to or from these activities. More specifically, I understand that participation in sports activity entails risk of personal injury and I knowingly assume that risk in consideration for the opportunity to participate in the program. I further agree to return at the end of the season any equipment issued to my child in as good of condition as when it was received, except for normal wear and tear. I agree to pay for any equipment not returned at the procurement cost listed with Power Baseball Club and Power Endurance Training Center.

    It is mandatory that Power Baseball Club and Power Endurance Training Center have a signed Authorization for Emergency Medical treatment for your child and your clearance that the player is in satisfactory physical condition to play baseball and or cleared to participate in activities conducted at the Power Endurance Training Center. If your child has not had a recent physical examination, or if there is any doubt about physical capabilities or abilities, we urge you to have an examination to ensure your child is physically able to participate.

    In the event of an injury or sickness occurs in the course of Power Baseball Club and Power Endurance Training Center activities, I hereby authorize officials of Power Baseball Club and Power Endurance Training Center to administer first aid and if necessary to transport my child to a duly licensed physician or hospital. I would prefer the physician below be called, however if or when this is not possible, I authorize any authorized physician to administer emergency treatment.

  • POWER ENDURANCE TRAINING CENTER

    MEDICAL RELEASE WAIVER
  • ASSUMPTION OF RISK, W AIYER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

    DECLARATIONS: This Agreement is entered into between Power Endurance Training Center, LLC ("Power Endurance") and the undersigned ("Participant"). The provision of personal training/therapeutic services by Power Endurance to Participant, and Participant's use of any premises, facilities or equipment are contingent upon this Agreement.

    ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Power Endurance or otherwise, including injuries or damages arising out of the negligence of Power Endurance, whether active or passive, or any of Power Endurance's affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Power Endurance or otherwise.

    RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Power Endurance ( and Power Endurance's affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Power Endurance, whether active or passive, or any of Power Endurance's affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, ( c) negligent instruction or supervision, including personal training, ( d) negligent hiring or retention of employees, and/or ( e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Power Endurance's or anyone else's negligent inspection or maintenance of the facility or premises.

    INDEMNIFICATION: By execution of this Agreement, you hereby agree to indemnify and hold harmless Power Endurance from any loss, liability, damage, or cost Power Endurance may incur due to the provision of personal training by Power Endurance to you.

    ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Power Endurance offers a service to his/her Participants encompassing the entire recreational and/or fitness spectrum. Power Endurance is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Power Endurance. You acknowledge and agree that Power Endurance does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts.

    You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Power Endurance for Power Endurance's negligence, or for any defective product used while receiving any service from Power Endurance. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

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