MANTLE . WORKOUT + SOCIAL SERIES
PARTICIPANT WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
For and in consideration of Mantle, LLC (“Mantle.”) allowing me, the undersigned, to participate in the Mantle. Workout event series (the “Event” or “Events”); 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 agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”) for this event and any additional Mantle. Workout event I participate;
1. I hereby represent that (i) I am at least eighteen (18) years of age or older; (ii) I am in good health and in proper physical condition to participate in the Event; 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 the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event, that I am responsible for my own safety and well being at all times and under all circumstances while at the Event site.
2. I understand and acknowledge that participation in Mantle. Workout Events or other physical related activity in general represents a test of a person’s physical and mental capabilities. I understand and acknowledge the risks and/or dangers associated with participation in the Event and related activities, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect on-site conditions; land, water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the negligent acts or omissions of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Event.
3. I agree to be familiar with and to abide by any Rules and Regulations established for the Event and any safety regulations established for the benefit of all participants. I accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment where applicable.
4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: Mantle., LLC, its members and staff ; the Event Director(s), Organizers and Promoters, Sponsors, Advertisers, Coaches and Officials; the Host Organization and the Facility, Venue and Property Owners or Operators upon which the Event takes place; Law Enforcement Agencies and other Public Entities providing support for the Event; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Event, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim.
I hereby warrant that I am of legal age and competent to enter into this Agreement, that I have read this Agreement 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 Agreement 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 Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Photography and Video Release
I hereby grant permission to Mantle, LLC and its agents to photograph, and record video of, my image, likeness or depiction and/or that of my minor children (if applicable) and to edit, crop or retouch such photographs and videos, and waive any right to inspect the final photographs and videos. I hereby consent to and permit photographs and videos of me and/or those of my minor children to be used by Mantle, LLC and its agents worldwide for any purpose, including advertisement purposes, and in any medium, including print and electronic. I understand that Mantle, LLC and its agents may use such photographs or videos with or without associating names thereto. I further waive any claim for compensation of any kind for Mantle, LLC's or its agents' use or publication of photographs or videos of me and/or those of my minor children (if applicable). I hereby fully and forever discharge and release Mantle, LLC and its agents from any claim for damages of any kind (including, but not limited to, invasion of privacy; defamation; false light or misappropriation of name, likeness or image) arising out of the use or publication of photographs or videos of me and/or those of my minor children (if applicable) by Mantle, LLC or its agents, and covenant and agree not to sue or otherwise initiate legal proceedings against Mantle, LLC or its agents for such use or publication on my own behalf or on behalf of my minor children. All grants of permission and consent, and all covenants, agreements and understandings contained herein are irrevocable.
You must be 21 years or older to consume alcohol at a Mantle. Workout event.
You acknowledge that you are participating in or using the alcohol at your own free will and decision. You acknowledge that Mantle. or any participating service partner does not have any liability with respect to your access, participation in, or use of alcohol, or any loss resulting from such participation or use.
Mantle. provides beer served from a keg refrigerator and/or wine or alcohol as an unpaid benefit of the Mantle. Workout series. This waiver applies whether consuming alcohol at a Mantle. location or some other location. The signing party agrees that the choice to consume any alcohol results in the signing party expressly waiving any liability or damages resulting from the consumption of that alcohol. Members and guests are responsible for any minor guest (under 21 years of age) and shall prohibit any minor guest of theirs from consuming any alcohol while on Mantle.’s or any of Mantle.’s partners’ premises.
No outside alcohol consumption is permitted on Mantle premises without first obtaining permission from Mantle. There may be other alcohol present at Mantle other than the beer served from the keg refrigerator or as a part of Mantle. Workout (provided by a member or a guest) and that alcohol shall not be consumed without prior permission and invitation from Mantle. Any consumption of alcohol whether by you or your guest and whether permitted or not at Mantle expressly waives all claims of liability or damages against Mantle. and its managers, members, or other associated parties.
Such waiver extends to your guests whether they have agreed to these terms or not. Any alcohol related liability on Mantle's premises by or to a guest of a member places liability on that guest or on the member responsible for inviting that guest to Mantle. Workout.
I agree to all of the above for this and any future Mantle. Workout events I may attend in the future.