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Participant Agreement, Waiver Release and Assumption of Risk (The Agreement)


The Grind Training Center


I have voluntarily elected to use and, if applicable, to allow the minor child identified above and all minor children under my supervision and referred to individually and collectively herein as “Child”, to use The Grind Training Center facilities and equipment located at 8001 NW 50th St. Oklahoma City, Oklahoma, 73132 (“The Grind”). In consideration for being allowed to use said facilities and equipment, and any other services provided by The Grind or its employees or agents at said location(s), or any other location within the State of Oklahoma, I represent, acknowledge and agree as follows:


GENERAL RELEASE: I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration The Grind Training Center (DBA) and their respective and collective agents, owners, officers, managers, shareholders, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, “The Grind”)


VOLUNTARY PARTICIPATION AND RELEASE OF POTENTIAL INJURIES: I acknowledge and agree that the use of The Grind Training Facilities and equipment, or any other location that practices and training and that participating in all sporting activities is inherently and obviously dangerous. These risks include serious physical or emotional injury, paralysis, death, damage to me, the Child, and/or third parties, and damage to personal property of any or all such persons. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary. I acknowledge and agree that, while the facility and other activities that take place are monitored generally by employees, yet, it is not feasible for such employees to monitor the activities and actions of all customers at all times or all customers simultaneously. Furthermore, The Grind employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction. I acknowledge and agree that I and the Child are participating voluntarily at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of The Grind Facility employees could cause me or the Child significant bodily injury (not limited to what is described in this Agreement), and that The Grind is not responsible for the actions or activities of customers using The Grind or the negligence of its employees in supervising the Facility or its usage, including actions, activities, or omissions that result in such harm. Some of the risks include, but are not limited to, the following: a) Participants may die or become paralyzed, partially or fully, through their use of The Grind Training Center and participation in their activities. b) Participants may suffer cuts, scrapes, bumps, bruises, the transmission of disease strains and allergic reactions through use of equipment or contact with other participants or surfaces they have contacted. Participants may sprain, pull, break or otherwise seriously externally or internally injure their head, face (including nose and teeth/jaw), neck, torso, spine, arms, wrists, hands, legs, ankles, feet or other body parts as a result of workout out and or making contact with other participants. As noted in paragraph a) above, such injuries can lead to paralysis, disfigurement or death. Participation may result in heat stroke, heart attacks, dehydration and other exertion-related medical events.) Participants may fall on each other, resulting in broken bones and other serious injuries. d) Observing, standing, sitting or taking photographs at or near any Grind activity can result in similar physical injury (even if the observer is not himself or herself participating at the time).



AGREEMENT TO PAY MY OWN MEDICAL EXPENSES: I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using The Grind Facility, any of its equipment, including participating in trainings and games offsite. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or the Child sustains while using The Grind during events/activities, such assistance shall be at my own expense.




RELEASE OF LIABILITY: The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue The Grind Training Center (DBA) and their successors, predecessors-in-interest, and insurers (collectively, the “Releasees") from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or the Child’s access to and/or use of The Grind, premises and/or its equipment (whether practices or trainings offsite or otherwise), the Child’s and/or my entry into The Grind Training Center, the condition, maintenance, inspection, supervision, control or security of The Grind, the failure to warn of dangerous conditions in connection with the Facility, and/or the acts or omissions of The Grind or any of the Releasees, including, without limitation, any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. I understand that this release and waiver applies to and includes all activities that I or my Child engage in at the premises, whether inside or outside The Grind. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I shall immediately defend, indemnify and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising there from.




PHOTO/VIDEO/SOCIAL MEDIA WAIVER: In connection with my and the Child’s use of The Grind and participation with our activities, I consent to the recording of the Child’s and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize The Grind and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Child’s name and my name, for any purpose, including advertising, promoting, and/or publicizing The Grind.




TERM OF AGREEMENT: I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren) visit The Grind, whether at the current location or any other location or facility that The Grind may use. I have had sufficient opportunity to read this document. I have read and understood and agree to be bound by its terms. I understand that employees working at The Grind, including the general manager, do not have the authority to waive any provision of this Waiver Agreement. This Agreement constitutes and contains the entire agreement between The Grind and me relating to the Child’s and my use of The Grind. There are no other agreements, oral, written, or implied, with respect to such matters. I agree that if any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force. By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the above listed Child(ren) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or their behalf. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated therein, including the release of liability contained therein. I am 18 years of age or older. I am entering this agreement on behalf of myself, my spouse or domestic partner, the Child, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons (collectively, the “Releasing Parties”).




Other Terms:




-Damage to Facilities. I agree to pay The Grind Training Center for any damage caused by me, my child(ren) or your guests that may cause to The Grind Training Center or property through horseplay, accident, negligence or any other actions taken during your use of the facility.




-Amending Facility and Activity Rules. We may amend or supplement our player rules and conditions applicable to athletes as we deem appropriate to effectively manage and operate our facility, including changing our operating schedule from time to time. Information about The Grind operating hours will be posted on the website or on social media when changes occur as feasible.




-Unavailability of Facility, Services. The Grind, or services in the facility, may become unavailable because of mechanical breakdown, fire, act of God, condemnation, catastrophe, or other reasons beyond our control; this includes our staff personal schedule or decision to provide fewer operational hours during low season or when they deem a holiday closure.




Oral Agreements: We do not honor any oral agreements made by The Grind Training Center employees, over the phone or otherwise that are contrary to this payment plan. This payment plan constitutes the entire services being rendered by The Grind to its athletes and any other matters herein discussed and supersedes any other promises, representations, or understandings of any kind, whether oral or written. No modifications or alterations to the terms or provisions hereof may be made by anyone unless such changes are expressly authorized in writing by The Grind Training Center (“DBA”).