Member Waiver and Liability Statement
As part of and a prerequisite to my voluntary participation and membership in Pursuit Wrestling Club, LLC, a Minnesota limited liability company (“Pursuit”), I (member completed in form above), and/or my legal guardian(s) (hereinafter, “I” and all derivations) agree to the following Waiver and Liability Statement (“Waiver”).
For and in consideration of my registration with Pursuit, and being permitted to engage in wrestling and other exercise programs and activities associated with Pursuit, I hereby release, waive, and forever discharge and covenant not to sue Pursuit and its respective agents, owners, representatives, employees, successors and assigns and other affiliated persons (collectively “Released Persons”) for any causes of action in connection with my participation in Pursuit. I agree that Released Persons shall not be held liable or responsible for any injuries to me, and any damage to any equipment or property that may result from my participation in Pursuit. I, along with my heirs, executors, administrators, and assigns, specifically release and discharge the Released Persons of any and all liability that may result of my participation in Pursuit, whenever or however they may occur and for such period said activities may continue, including but not limited to physical injuries, illnesses, and losses, any damages, and claims of any type. I understand that included within the scope of this waiver and release is any cause of action, arising from the performance, or failure to perform maintenance, inspection, supervision or control of the areas controlled by or associated with Pursuit, for the failure to warn of dangerous conditions existing at said areas, and any negligent rescue operations by Pursuit or its employees, representatives, or agents.
I acknowledge, understand, and assume all risks inherent in wrestling and exercising in a gym facility, and understand that said activities involve risks to my person including bodily injury, partial or total disability, paralysis, and death, and damages which may arise there from and that I have full knowledge of said risks. These risks and dangers may be caused by the negligent, reckless, or willful acts of myself or others. It is further acknowledged that there may be risks and dangers not known or which are not reasonably foreseeable at this time. I acknowledge that the activities associated with Pursuit may involve a test of a person’s physical and mental limits and may carry with them the potential for personal injury or death, and acknowledge that I should not participate in the activities unless I am medically able.
I agree to abide by and be bound under the rules and warnings of Pursuit, as may be posted around the facility, and further agree to follow any oral instructions or directions given by Pursuit, or the employees, representatives, or agents of Pursuit. I recognize and understand that I am engaging in any and all exercise programs and activities associated with Pursuit, supervised or unsupervised, solely at my own risk with full knowledge of the dangers and risks inherent thereto, including the risk of injury, permanent disability, or death. I also acknowledge and understand that any information or guidelines provided by the persons affiliated with Pursuit carry no warranty of any kind, expressed or implied.
I agree to pay for all damages to the facilities and property of Pursuit caused by any negligent, reckless, or willful actions by me.
I acknowledge that Pursuit is leasing the premises from Rylee Molitor. He has no responsibility for or control over the activities associated with Pursuit.
I acknowledge that I have been provided and I have read the above paragraphs and have not relied upon any representations of releases, I am fully advised of the potential dangers in the activities available associated with Pursuit, and understand the necessity of these waivers and releases.
I acknowledge and agree that this Waiver is intended to be as broad and inclusive as is permitted by the laws of Minnesota, and that if any portion of this Waiver is deemed invalid, the remainder of this Waiver shall remain in full force and effect with the invalid provision or provisions severed here from.
IF THE PARTICIPANT IS UNDER 18 YEARS OF AGE AT THE TIME OF REGISTRATION:
This is to certify that I, as Parent/Guardian with legal responsibility for the named minor applying for membership with Pursuit and in any activities associated with Pursuit, do consent and agree to his/her release as provided above, and for myself, heirs, assigns, and next of kin. I release and agree to indemnify and hold harmless Pursuit and Released Persons from any and all liabilities incident to my minor child’s involvement or participation in Pursuit events and activities as provided above, to the fullest extent permitted by law.
Member and Participant Liability Waiver/Informed Consent and Acknowledgements
In consideration for receiving permission from Pursuit Wrestling Club LLC (“Pursuit”) to use it's facilities, amenities, equipment and participate in or spectate wrestling, strength and conditioning training, or any other related activities (collectively, the “Activities”) in association with Pursuit, either at 420 Division St S, Rice MN 56367 (the “Facility”), or offsite, “I” or the “member/participant”, an adult being eighteen (18) years of age or older, or the custodian and legal guardian of a participating minor, (the “Minor”), hereby DISCHARGES, WAIVES, AND FULLY RELEASES Pursuit, along with its owners, officers, employees, agents, representatives, successors, and assigns from any and all liability and claims, of whatever form or nature, known or unknown, concerning, relating to, or arising from the member’s and/or the Minor’s participation in, spectating of, and travel to and from, any of the Activities or use of facilities/amenities/equipment.
Member/Participant understands that wrestling, grappling, weightlifting, strength training, cardiovascular exercise, yoga, physical therapy, massage, and other athletic activities are inherently dangerous and engaging in, or spectating, any of the Activities or use of facilities/amenities/equipment entails a significant risk of bodily injury or death. Furthermore, member understands that the Activities involve close contact with other individuals and participating in, or spectating, the Activities or use of facilities/amenities/equipment may increase one’s risk of injury, death, and/or contracting diseases, including, but not limited to, COVID-19 and skin infections. Member/Participant hereby assumes all risk of Member/Participant's, and/or Minor’s, participation in, spectating of, and traveling to and from, any of the Activities or use of facilities/amenities/equipment and irrevocably waives all claims or demands, of whatever form or nature, known or unknown, against Pursuit, concerning, relating to, or arising from any of the Activities or use of facilities/amenities/equipment.
I (Member/Participant) hereby represent that any of my own equipment that I use at the Facility is safe and in no way shall Pursuit be liable for any damages caused to myself or a third party for any failure of any such equipment. I (Participant/Member) hereby represent that I have conducted a thorough visual inspection of the
Facility and equipment I will be using, and I am aware of any potential hazards associated with the Facility and/or such equipment.
With full knowledge and understanding of the RISK OF SEVERE INJURY AND DEATH involved in the Activities and the Associated Activities, I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME THE RISK THAT I MAY SUFFER TEMPORARY, PERMANENT, OR EVEN FATAL INJURIES, even if I follow the instructions or advice of Pursuit.
Neither Member/Participant nor Minor, if applicable, have any physical limitations, physical ailments, or physical or mental disabilities that would limit him, her, or them from safely participating in any of the Activities or use of facilities/amenities/equipment. Member understands that Pursuit has urged Member/Participant and Minor to obtain a medical and physical examination from a doctor prior to participating in any of the Activities or use of facilities/amenities/equipment.
Member/Participant agrees to hold harmless, defend and indemnify Pursuit from any claim or action, present or future, related to injury or damage to Member/Participant, his/her property, or to any other person or property, for any loss, damage, expense or injury (including DEATH) suffered by any person from or in connection with Member/Participant's participation in any Activities and from Associated Activities, due to any cause whatsoever including negligence and/or breach of express or implied warranty on the part of Pursuit.
Member/Participant hereby RELIEVES Pursuit TO PROTECT PARTICIPANT FROM HARM in connection with any Activities, Outside Activities, Associated Activities or use of facilities/amenities/equipment in which Pursuit RTC is involved in any way.
In the event Member/Participant does suffer any type of damages or injury, Member/Participant shall notify Pursuit immediately of any such occurrence or cause
This Liability Waiver shall continue in effect in perpetuity so that each time Participant or Member uses the Facility or participates in any Outside Activities or use of facilities/amenities/equipment from the date this waiver is signed forward he/she shall be bound by the terms and conditions herein.
If any provision of this Agreement or the application of any such provision to any person or circumstance is held invalid, the remainder of this Agreement, and the application of such provision other than to the extent it is held invalid, will not be invalidated or affected thereby.
This Participant/member and Liability Waiver Agreement shall be governed by Minnesota law, without regard to conflicts of laws principles.
I HAVE READ AND FULLY AGREE TO THE TERMS OF THIS WAIVER AND RELEASE. I UNDERSTAND AND CONFIRM THAT BY SIGNING THIS WAIVER AND RELEASE I HAVE GIVEN UP CONSIDERABLE FUTURE LEGAL RIGHTS. I HAVE SIGNED THIS WAIVER AND RELEASE FREELY, VOLUNTARILY, AND WITHOUT INDUCEMENT, PROMISE, OR GUARANTEE BEING COMMUNICATED TO ME.
Medical Authorization:
In the event of an injury or medical emergency, I allow Pursuit to provide first aid, arrange transport to a medical facility, and authorize emergency treatment as recommended by a doctor for the Member/Participant named above.
I understand that all reasonable efforts will be made to contact the Member/Participant’s parent and/or emergency contact if an injury or medical emergency occurs.
Member and/or Participant Media Release
In consideration for Pursuit’s permission to participate in and/or spectate the Activities or use of facilities/amenities/equipment, Member/Participant gives permission for Member/Participant and/or the above-mentioned Minor to be photographed and video or audio recorded, and gives permission to Pursuit to use, reproduce, and/or publish photographs, video recordings, or other recordings that may pertain to Member/Participant's and/or Minor including Member/Participant's and/or Minor’s image or likeness.
Member/Participant understands that this material may be used in various publications, public affairs releases, and recruitment materials. This material may also appear on Pursuit’s Social Media pages and Internet Web Page. This authorization is continuous and may be withdrawn only by Member/Participant’s written rescission of this authorization.