Fill out and sign the fitness waiver online when a person is of 18 years old or older.

WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE THE RELEASED PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.

I, the undersigned individual (the “Participant”), acknowledge that my general being in the workout area (the “Workout Area”), the presence of others in the workout area, the use by others of the workout equipment, and my use of the workout equipment, all carries with it inherent and potential risks. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants (including myself), equipment, actions of other people including but not limited to, participants, volunteers, spectators, coaches, officials and monitors, and/or producers of the event, lack of hydration, death, serious injury and property loss. For the avoidance of doubt, this Waiver and Release shall be effective and applicable at all times during the (a) Wodapalooza event, (b) my presence in, participation in and utilization of the equipment in the Workout Area and (c) at all times thereafter with respect to the subject matter herein and the claims released herein.

In consideration of my application and permitting me to be and participate in the Workout Area and use the equipment in the Workout Area, which participation is of material value to me, I for myself, and on behalf of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby assume all the risks of participating in any activity while at the Wodapalooza event, whether or not under the direction of Loud and Live WZA, LLC (“L&L”), and release L&L, Bayfront Park Management Trust and their respective successors, assigns, affiliates, stockholders, members, directors, managers, agents, employees, contractors, sponsors and other representatives (collectively, the “Released Parties”) from any and all claims in connection with the foregoing which I might otherwise have now or in the future in connection with the event, irrespective of whether any such claims are foreseeable, reasonably or otherwise, from the perspective of the Released Parties. I realize that I am waiving and releasing claims which may arise from negligence or carelessness on the part of the Released Parties, from dangerous or defective equipment or property owned, maintained or controlled by the Released Parties or because of their possible liability without fault. I acknowledge that I am waiving and releasing claims against the Released Parties with respect to the actions or inactions of third parties, including, without limitation, the actions or inactions of other participants, volunteers, spectators, coaches, officials, and monitors, and/or producers of the event and/or Workout Area. I further acknowledge that this Waiver and Release will be used by the Released Parties and that it will govern my actions and responsibilities at the Wodapalooza event and the Workout Area and my relationship with the Released Parties. I further understand and agree as follows:

1.         Participant Representations. I hereby represent that (i) I am in good health and physically fit to participate in and utilize the equipment in the Workout Area, (ii) have not been advised against participating in or utilizing the equipment in the Workout Area by a qualified health professional and (iii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in or utilize the equipment in the Workout Area. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in and utilize the equipment in the Workout Area. I agree to be familiar with and to abide by any rules and regulations established for the Workout Area.

2.         Waiver and Release: I, the Participant, for myself, and on behalf of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby waive, release and discharge, and hold harmless the Released Parties from any and all liability, claims, and demands of whatever kind of nature, either in law or in equity, which arise or may hereafter arise in connection with or in any way related to the Wodapalooza event and my presence in, participation in and utilization of the equipment in the Workout Area. I understand and acknowledge that this Waiver and Release discharges the Released Parties from any liability or claim that I may have against them with respect to bodily injury, personal injury, illness, death, property damage or other damages and expenses that may result from my presence in, participation in and utilization of the equipment in the Workout Area, or at related events or activities. I further agree that if, despite this Waiver and Release, I, or anyone on my behalf, makes a claim against any of the Released Parties in connection with or related to my presence in, participation in and utilization of the equipment in the Workout Area, I will indemnify, defend and hold harmless each of the Released Parties from any such liability which may be incurred as the result of such claim.

3.         Insurance: Further, I acknowledge and agree that I am responsible for my own insurance and related coverages in the event of personal injury or illness as a result of my presence in, participation in and utilization of the equipment in the Workout Area, including, without limitation, health, medical and personal injury insurance. I understand that L&L does not assume any responsibility for or obligation to provide me with financial or other assistance, including but not limited to medical, health, automobile, or disability benefits or insurance. I expressly waive any such claim for compensation or liability against the Released Parties in the event of personal injury, property damages, medical expenses or any other damages or expenses incurred by me.

4.         Medical Treatment: I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident or illness during my presence in, participation in and utilization of the equipment in the Workout Area. I hereby waive, release and discharge the Released Parties from any claim whatsoever which arises or may hereafter arise on account of any such medical treatment, other medical services or first-aid treatment rendered in connection with an emergency during my presence in, participation in and utilization of the equipment in the Workout Area, irrespective of whether such treatment or services were ultimately appropriate or advisable under the circumstances. In the event of any emergency, I authorize the Released Parties and/or any of their representatives to contact the below individual to notify them of the emergency. Notwithstanding the foregoing, I acknowledge and agree that the Released Parties are under no obligation to notify the below individual in the event of an emergency and that the failure to do so shall not result in any liability whatsoever to the Released Parties. 

5.         Image and Likeness; Video and Photographic Release: I acknowledge and agree that I may be photographed, videoed or similarly recorded while participating in and utilizing the equipment in the Workout Area and while at the Wodapalooza event, including, without limitation, the Wodapalooza taking place at Bayrfront Park its surrounding areas. I hereby grants and conveys to each of L&L, Bayfront Park Management Trust and FloSports, Inc. (collectively, the “Licensed Parties” and each a “Licensed Party”) all right, title, and interests in any and all photographs, images, video, or audio recordings of me and my likeness created by any Licensed Party or any Licensed Party representatives in connection with any events or activities of L&L. Moreover, I hereby irrevocably consent to and grant to each Licensed Party and/or anyone authorized by such Licensed Party, the exclusive right to use of any and all (i) photographs, (ii) audio recordings and/or (iii) video recordings containing the image or likeness of me for any lawful purpose whatsoever in connection with such Licensed Party’s business. I shall indemnify, defend, and hold harmless the Licensed Parties from any and all claims related to or in connection with any of the foregoing. The provisions of this Section shall survive indefinitely.

6.         Governing Law; Arbitration: As a participant, I expressly agree that this Waiver and Release is intended to be as broad and inclusive as permitted by the laws of the State of Florida and that this Waiver and Release shall be governed by and interpreted in accordance with the laws of the State of Florida. If any controversy or claim arising out of or relating to this Waiver and Release, or the breach of any term hereof, cannot be settled through direct discussions (a “Dispute”), the parties agree to endeavor to first settle the Dispute by mediation conducted in the County of Miami-Dade and administered by JAMS under its applicable rules, before commencing any proceedings permitted under this paragraph.  If the Dispute is not otherwise resolved through direct discussions or mediation, the controversy or claim, including the scope or applicability of this agreement to arbitrate, shall be resolved by binding confidential arbitration (the “Arbitration”) conducted in the County of Miami-Dade, Florida and administered by JAMS in accordance with the Streamlined Arbitration Rules and Procedures of JAMS or subsequent versions thereof, including the optional appeal procedure (the “JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in Florida or a retired judge. Judgment on the award issued in the arbitration may be entered in any court having jurisdiction.  The parties agree that any Dispute or Arbitration will be strictly confidential and shall not be disclosed to any third parties during the pendency or following the resolution of the Dispute. The parties further agree that the terms of the resolution of such Dispute will be strictly confidential and shall not be disclosed to any third parties unless both parties consent in writing prior to such disclosure. The parties agree that any violation of this Agreement shall be enforced pursuant to and in accordance with this Section.

7.         Other. I hereby warrant that I am of legal age and competent to enter into this Waiver and Release (or, if I am not, that this Waiver and Release is agreed to by my parent, natural guardian, or legal guardian (the “Legal Guardian”)), that I have read this Waiver and Release carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Waiver and Release without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and  provisions of this Waiver and Release. This Waiver and Release represents my complete understanding regarding these issues contemplated herein and no oral representations, statements or inducements have been made to me by the Released Parties apart from this Waiver and Release. If any provision of this Waiver and Release is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Waiver and Release and shall not affect the validity and enforceability of any remaining provisions. It is my express and unequivocal intention that this Waiver and Release be interpreted as broadly as possible under applicable laws in favor of the Released Parties.

By signing below, I express my understanding and intent to enter into this Waiver and Release of Liability willingly and voluntarily.