Waiver and Release for Physical Activity and Physical Recovery Services
Purpose and Explanation of Service
Old Bull Athletics, Inc. provides strength training services and recovery/therapy services. I understand that the purpose of the exercise/strength training program is to develop and maintain cardio-respiratory fitness, body composition, flexibility, muscular strength and endurance. A specific training and mobility class will be conducted, based on the needs of the group. The program includes, but is not limited to aerobic exercise, flexibility training, and strength training. All programs are designed by certified strength coaches to place a gradually increasing workload on the body in order to improve overall fitness. In terms of physical recovery/therapy services I understand that the purpose of recovery/therapy services can include the use of corrective exercises, athletic style stretching guidance, or mobility exercises performed by certified strength coaches; and hands-on or instrument assisted soft tissue techniques, corrective exercises, active release techniques and/or other techniques performed by a licensed and state certified athletic trainer or physical therapist, based on my specific needs or diagnosis.
Physical activity by its very nature carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injury. Old Bull Athletics, Inc. provides services for interested parties involving strenuous muscular exertions that carry risks ranging from 1) minor injuries such as scratches, sprains, and bruises to 2) major injuries such as joint or back injuries, concussions, and heart attacks to 3) catastrophic injuries including paralysis and/or death.
I, on behalf of my heirs, personal representatives, do hereby release, waive, discharge, and covenant not to sue claims arising from negligence of Old Bull Athletics, Inc. and its directors, officers, employees, volunteers, independent contractors from liability for any and all claims arising from any of the aforementioned parties. This agreement applies to 1) Personal injury from accidents or illnesses arising from the observation and/or participation in activities including strength training, recovery services, therapy services, fitness and yoga classes taught on premises and individual use of facilities or equipment; and 2) any and all claims resulting from the damage, loss, or theft of property.
I have read the previous paragraphs and I know the nature of the activities of Old Bull Athletics and understand the demands such activities present for my physical condition and my skill level. I hereby assert that my participation is voluntary and that i knowingly assume all such risks. I expressly agree that this waiver and assumption of risks agreement is intended to be as broad and inclusive as permitted by the laws of the STate of Florida and intended for my signature to be a complete and unconditional release of all liability to the greatest extent allowed by the law in the State of Florida.
Confidentiality and Use of Information
I have been informed that the information obtained in this exercise program will be treated as privileged and confidential and will consequently not be released or revealed to any person without my express written consent. Any other information obtained, however, will be used only by the program staff to evaluate my exercise status as needed.
Inquiries and Freedom of Consent
I have been given an opportunity to ask questions about the training program. Despite the fact that a complete accounting of all these remote risks has not been provided to me, I still desire to proceed with the exercise program.
I acknowledge that if I must cancel out of a training or therapy session or class, I will give my trainer or therapist at least 12 hours’ notice, and that if I cancel within the 12-hour time period of the start time of the session or class, I will be charged for that session/class. I understand that due to circumstances that may be beyond my control, I will receive one free “no show” every three months of training, meaning that I may late cancel once within a three month period and not be penalized.
Talent/Model Release & Media Policy
IF THE PARTY IS 18 years old or older, complete the following down to the Consent section;
otherwise, the parent or legal guardian must also sign.
I, __________________________, hereby forever grant to Old Bull Athletics, Inc., and its legal representatives, successors, assigns, licensees, advertising agencies, and all person or corporations acting with its permission, the irrevocable and unrestricted right to use, re-use, publish and re-publish, and copyright my performance, likeness, picture, portrait, photograph, sound and/or voice recording, including the negatives, transparencies, prints, film, video, tapes, digital or other information pertaining to them in all forms of media now or hereafter known and in all manner, including electronic media, in still, single, multiple, moving or video format, in whole or part and/or composite representations, in conjunction with my own of a fictitious name, including alteration, modifications, derivations and composites thereof, throughout the world and universe for advertising, promotion, trade or any lawful purposes. This right shall include, but not be limited to, the right to combine my likeness with others and to alter my likeness, by digital means or otherwise, for the purposes set forth herein.
I waive my right to inspect or approve the finished product, including written copy that may be created in connection therewith or the use to which it may be applied. I acknowledge that the photography session and/or film or video production was conducted in a proper and professional manner, and this release was willingly signed at is termination. I am fully able to contract in my own name without breach of any prior agreement or applicable law, including but not limited to prior agreements with modeling or talent agencies or any other person, company or entity.
I have reviewed and sought explanation of the provisions contained above, have carefully read and understand them, and agree to be bound by them. I voluntarily and irrevocably give my consent and agree to this Release and Waiver.