RELEASE OF LIABILITY AND INDEMNITY AGREEMENT AND
CONSENT TO STORED CREDENTIALS
RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
Joyful Jackrabbits LLC, dba The Farm & Forge Club, a Tennessee limited liabilitycompany (the “Company”), is engaged in the business of providing sports fitness andtraining services, including at the Company’s training facility in College Grove,Tennessee and other Company locations from time to time (the “Facilities”). Theundersigned Participant or, if such Participant is under the age of 18 years on thesignature date, his or her parent or legal guardian, desires Participant to attend and/orparticipate in camps, practices, trainings, tournaments, meals, events and otheractivities at the Facilities or staged or operated by the Company (each an “Event” andcollectively, the “Events”), together with all travel and other accommodations, if any,food and beverage service, if any, arranged or provided by or on behalf of the Companyin connection therewith, and including any other events or activities related thereto(each an “Activity” and collectively, the “Activities”). As lawful consideration forbeing permitted to attend and participate in the Events and Activities, and for other goodand valid consideration, Participant and/or his or her parent/legal guardian, on behalf ofhimself or herself, as applicable (individually and collectively, “Releasor”) agree to theterms and conditions set forth in this Release of Liability and Indemnity Agreement(this “Release”).
1. Fitness to Participate
Releasor is solely responsible for determining whetherParticipant is physically and mentally fit and adequately skilled to participate inthe Events. Risks from participating in the Events may be aggravated by certainconditions, including certain medical concerns, underlying medical conditions,medications (and their effects), family medical history, or recent illness, injuryor impairment, or failure to adhere to the guidelines for the Events.
2. Release and Waiver
Releasor, on behalf of himself or herself and, if applicable,the Participant, and on behalf of Releasor’s heirs, executors, administrators, andsuccessors and assigns, herby releases and forever discharges the Company andits owners, managers, directors, employees, contractors, agents, sponsors,manufacturers, lessors, lessees and suppliers, and their respective successors,heirs and assigns (collectively, “Releasees”) from any and all liability, claims,demands, damages, costs, and expenses, including attorney’s fees (“Claims”),arising out of or in any way connected with the Events, including any Claimsresulting in injury, illness, disability, death, or property damage or any Claimsattributable, in whole or in part, to the negligence of the Company or any Releasees.
3. Assumption of Risk
Releasor acknowledges and agrees that the Events couldinvolve risk of injury, disability, death, or property damage, and accepts personalresponsibility for any Claims that Releasor may have arising out of or in any wayconnected with the Events. Releasor further acknowledges and agrees thatParticipant is physically able to participate in the Events and use the Facilitiesand assumes all risks, known or unknown, connected with Releasor’sparticipation in the Events or use of the Facilities. To the fullest extent allowedby law, Releasor agrees never to sue or to pursue any legal claim against theCompany or Releasees for any and all Claims, or stemming from the relationshipbetween Releasor and the Company or Releasees including any class action, anyallegedly negligent instruction, or any alleged negligence, breach of contract,breach of warranty, or breach of any statutory or other duty and from any othercause.
4. Acknowledgement and Consents
Releasor understands that the risk of injuryfrom the Events and Activities is significant, including the potential forpermanent paralysis and death, and while particular rules, equipment, andpersonal discipline may reduce the risk, the risk of serious injury exists, andReleasor knowingly and freely assumes all such risks, both known and unknown,even if arising from the negligence of the Company or Releasees, or others, andassume full responsibility for Participants participation in the Events andActivities.
5. HOW WE USE YOUR INFORMATION
Releasor shall indemnify, defend and hold harmless theCompany and Releasees from any and all Claims arising out of or in any wayconnected with the Events and Activities or the condition of the Facilities.
6. Media Release and Consent
Releasor hereby grants to the Company and anyand all persons and entities acting within its permission and upon its authority,including the Releasees the right to (a) capture, photograph, and record theParticipant’s image, likeness (including aural and visual likenesses), voice,persona, statements, name, biographical information, physiological data,performance data, athletic statistics and accomplishments, and other data aboutthe Participant (via film, videotape, audiotape, digital media, athletic andnutrition based technology or otherwise) (collectively, “Participant Data”); (b)aggregate, analyze, transfer, store, edit, modify or otherwise process anyresulting photographs, recordings, digital files or other media or materials,including Participant Data (the “Materials”); and (c) use and distribute the Participant Data and Materials, in whole or in part, in any manner and in allmedia formats and channels now known or later developed, and for any purposewhatsoever at the sole discretion of the Company, including analytical, research,promotional and publicity purposes in publications, marketing, and promotionalmaterials, websites, databases, press releases, advertising media, researchmaterials and studies, and any other works based on or incorporating the Materials (collectively, the “Media”) and to promote the Participant toprospective recruiters, partners, and sponsors, in each case, without payment to,or additional review by or consent of, Releasor. Releasor further understands thatthe Company will have no obligation to make any use of the Materials and thatall rights granted herein are perpetual and fully sublicensable and assignable, tothe fullest extent allowed by law. Further, to the fullest extent permitted byapplicable law, Releasor waives, releases, and discharges the Releasees from anyand all claims Releasor may now or later have (whether related to copyright, theright of privacy, right of publicity, performer rights, tort, contract, statute orotherwise) by reason of the use of the Materials by Releasees or anyone elseauthorized by Releasees. Releasor understands that the Company has soleownership of all rights in the Materials, and Releasor hereby waives and assignsto the Company any and all right, title, and interest, if any, which Releasor nowhas or might later acquire with respect to the Materials, including all intellectualproperty rights therein. Releasor represents and warrants that he or she has allrights necessary to grant such permission as set forth herein and that noinfringement or violation of any third-party rights will result from the exerciseof the rights and permissions granted under this Release. To the fullest extentallowed by law, Releasor agrees to indemnify, defend and hold harmless theReleasees from any liability, responsibility, claim, damage, judgment, cost, fine,penalty, loss and expense, including reasonable attorneys’ fees, that may arisefrom the collection, use and disclosure, in any manner whatsoever, of theMaterials or, the Participant Data or the exercise of the rights granted in thisRelease. To the fullest extent permitted by the applicable law, Releasor furtheragrees to waive any rights to injunctive relief they may have in connection withthe Materials. Nothing herein will be interpreted as waiver of the Releasee’srights to use the Materials under federal and state common law and statutes (suchas rights of public domain and fair use).
7. Transportation
Releasor acknowledges and agrees that the Company may, butis not obligated to, facilitate or provide transportation for the Participant to andfrom (a) the Participant’s living quarters, (b) the Facilities, (c) the Events, (d) theActivities, and (e) any combination of the aforementioned locations.Transportation may be provided via Company-owned vehicles, third-partytransportation services, or employee/volunteer vehicles arranged by theCompany. Releasor understands and acknowledges that transportation by vehiclecarries inherent risks, including accidents, personal injury, death, or propertydamage. Releasor voluntarily assumes all such risks related to the transportation.To the fullest extent permitted by law, Releasor, on behalf of himself or herselfand, if applicable, the Participant, hereby releases, waives, and discharges theCompany from any and all claims, demands, causes of action, damages, orliabilities, whether known or unknown, arising out of or related to transportation provided by or on behalf of the Company. Releasor agrees to indemnify, defend,and hold harmless the Releasees from and against any and all claims, demands,damages, liabilities, losses, costs, and expenses, including reasonable attorneys’fees, arising out of or in connection with the transportation services provided tothe Participant, except to the extent caused by the gross negligence or willfulmisconduct of the Company. Nothing herein shall constitute an obligation ofCompany to provide transportation.
8. Medical Authorization
In the event of an emergency, Releasor authorizes theCompany to seek and secure any necessary medical treatment for Participantunder whatever conditions are deemed necessary at the time to preserve life,limb, or well-being. Releasor agrees to be responsible for all costs associatedwith such medical care and shall reimburse Company for any costs incurred onParticipant’s behalf.
9. Acknowledgement of Rules and Standards of Conduct
Releasor understandsthat the Company has rules and standards of conduct that are applicable to allparticipants which rules and standards may be amended from time to time.Releasor agrees to abide by these rules, standards, and policies for the safety ofall participants, guests, invitees, contractors and employees. Any consequencesthat come as a result of violating the rules and standards are at the discretion ofthe Company. Such policies may be found at www.thefarmandforgeclub.com.
10. Miscellaneous
The Release constitutes the sole and entire agreement withrespect to the subject matter contained herein and supersedes all prior andcontemporaneous understandings, agreements, representations, and warranties,both written and legal, with respect to such subject matter. If any term orprovision of this Release is invalid, illegal, or unenforceable, such invalidity,illegality, or unenforceability shall not affect any other term or provision of thisRelease or invalidate or render unenforceable such term or provision in anyother jurisdiction. This Release is binding on and shall inure to the benefit ofthe Company and Releasor and their respective successors, heirs and assigns.All matters arising out of or relating to this Release shall be governed by andconstrued in accordance with the internal laws of the State of Tennesseewithout giving effect to any choice or conflict of law provision or rule (whetherof the State of Tennessee or any other jurisdiction).
CONSENT TO STORED CREDENTIALS
By clicking “I Agree,” you authorize Farm and Forge Club to store your bank accountand/or card information (i.e. card/account number, expiration date, and/or payment token), as applicable, for future transactions as authorized by you. These futuretransactions may include automatically recurring debits and charges and/or one-offdebits and charges as initiated by and as mutually agreed upon by you and Farm andForge Club from time to time.You may revoke your consent and request deletion of your stored card or bankinginformation at any time by contacting customer service at info@farmandforgeclub.com.For more details about the use and protection of your data, see our Privacy Policy orcontact us at info@farmandforgeclub.com.
*I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOODALL THE TERMS OF THIS RELEASE OF LIABILITY, AND INDEMNITYAND CONSENT TO STORED CREDENTIALS AND THAT I AMVOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDINGTHE RIGHT TO SUE THE COMPANY. I FURTHER ACKNOWLEDGETHAT I AM OVER THE AGE OF 18 YEARS AS OF THE DATE SET FORTHBELOW OR THAT I AM THE PARENT OR LEGAL GUARDIAN OF ANYPARTICIPANT IDENTIFIED IN MY PROFILE AND I HEREBY CONSENTTO THIS RELEASE, INDEMNITY AGREEMENT AND CONSENT ONSUCH PARTICIPANT’S BEHALF.
