Liability Form:

 

RELEASE OF LIABILITY, INDEMNITY, AND ASSUMPTION OF RISK:

423 Performance LLC, LLC, along with affiliate sports training entities ________ (referred to herein collectively as “423 Performance LLC”) undertakes the responsibility to provide you with expert sports training and other related services (the “Program”). By signing below, you acknowledge and agree to the following: You represent that you are physically fit to participate in the 423 Performance LLC Program and that, prior to participation in the Program, you have consulted a physician regarding any limitations or medical risks that you may have in relation to the Programs and certify that you are free from any such limitations and medical risks. You further understand and agree that the Program involves physical exertion and strenuous physical activity by you, which entails certain risks and serious bodily injury and/or death may occur. For example, physical contact with other participants, equipment or surfaces may occur during the Program. With full knowledge of the risks of serious bodily injury and death, you voluntarily choose to participate in the Program and (i) hereby forever release, covenant not to sue, discharge and waive all liability on behalf of 423 Performance LLC, it’s employees, executives, agents, affiliates, owners, subsidiaries, partners, sponsors, joint venturers, owners and lessees of the premises, consultants, volunteers and contractors (the “Releasees”) for any bodily injury of any kind, property damage or death, suffered by you as a result of your participation in the Program, regardless of whether such bodily injury or death was due to negligence of any kind committed by 423 Performance LLC or the Releasees or otherwise, (ii) agree to indemnify and hold harmless 423 Performance LLC and the Releasees from any loss, liability or cost they may incur arising out of or related to your participation in the Program, and (iii) assume full responsibility for any bodily injury, death or property damage arising out of or related to your participation in the Program. Notwithstanding your agreement not to sue 423 Performance LLC and the Releasees, you agree that any legal proceedings of any kind, including those related to the enforceability of this waiver, shall take place in Mobile County in Alabama. You certify that you have read the foregoing and understand that by signing below, you are giving up certain legal rights and remedies and intend that your signature be a complete and unconditional release of all liability on behalf of D1 and the Releasees to the greatest extent permitted by law. For good and adequate consideration, which I acknowledge I have received, I hereby grant, release, and quitclaim to 423 Performance LLC royalty-free the right and authority to use, sell, reproduce, and distribute, quoted material, biographical information, my photograph, likeness, contact information, recorded voice or videotaped filmed appearances (the "Materials") for promotional and advertising purposes or partner programs as 423 Performance LLC in its sole discretion will deem appropriate. I acknowledge that I have read and fully understand this Injury Waiver and General Release Form. This agreement will be binding on me, my spouse, my children, legal representatives, heirs, successors, and assigns. 423 Performance LLC is the sole owner of all rights in and to the materials and shall have the sole right to broadcast such materials in whole or in part in perpetuity for any purpose in any medium. 

OFFSITE TRAINING COSTS. Unless such training services are provided at a 423 Performance LLC sports training facility, you agree to bear all costs associated with the training services, including the costs of all equipment and rental of the building or space in which training services are provided, if any. 423 Performance LLC 

PROGRAMS. The training services created by 423 Performance LLC, which may include data, techniques, materials, programs, methods, manuals, and other information used in carrying out the terms of this Agreement, are the sole property of 423 Performance LLC and may not be used, replicated, disclosed, published or sold without prior written consent from the owner. Further, you agree to keep the specific terms of your training costs confidential. 

ENTIRE AGREEMENT; AMENDMENT. These Program Terms and Conditions constitute the entire agreement and supersede all prior agreements and understandings, both written and oral, with respect to the subject matter hereof. These Program Terms and Conditions may be amended only in a writing executed by the parties hereto. 

GOVERNING LAW. Program Terms and Conditions shall be governed by the laws of the state of Tennessee without giving effect to the conflict of laws principles thereof. Any disputes relating thereto shall be brought in a court of Hamilton County, Tennessee.