ASSUMPTION OF RISK, RELEASE, WAIVER, AND INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY. BY SIGNING, YOU ARE WAIVING LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
1. Voluntary Participation
I, the undersigned, acknowledge that I am voluntarily choosing to participate in activities, classes, programs, training, open gym, and the use of facilities, amenities, and equipment at Odyssey Training Center, Inc. (“Odyssey”), including but not limited to: strength and conditioning, cardiovascular training, running, agility drills, martial arts, combat sports, flexibility training, sauna, ice bath, and any other fitness or wellness activities offered by Odyssey (collectively, the “Activities”).
2. Assumption of Risk
I fully understand, acknowledge, and expressly assume all risks, known and unknown, inherent in participating in the Activities at Odyssey. These risks include, but are not limited to: muscular, cardiovascular, or skeletal injuries; slips, trips, falls, sprains, and fractures; overexertion, dehydration, and heat- or cold-related illness; equipment malfunction, improper use of equipment, or failure to follow instructions; risks associated with sauna, cold plunge, and similar amenities; actions, omissions, or negligence of other participants, trainers, staff, volunteers, or third parties; illness, infection, or other health complications, including but not limited to those arising from exposure to communicable diseases. I acknowledge that serious injury, permanent disability, or death may result from my participation, and I voluntarily and knowingly assume full responsibility for all such risks, whether caused by my own actions or those of others.
3. Release of Liability
In consideration of being permitted to participate, I hereby waive, release, and discharge Odyssey, its officers, directors, owners, employees, instructors, contractors, volunteers, agents, affiliates, successors, assigns, and landlords (collectively, the “Released Parties”) from any and all liability, claims, demands, causes of action, damages, or expenses, including attorney’s fees, arising out of or related to my participation in the Activities or use of the facilities, whether caused by the negligence of the Released Parties or otherwise, to the fullest extent permitted by law.
4. Indemnification
I agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, or expenses (including reasonable attorney’s fees and medical costs) arising out of or related to my participation in the Activities, my presence on Odyssey property, or my use of Odyssey facilities, whether caused by my negligence, willful misconduct, or otherwise.
5. Health Certification
I certify that I am in good physical health and have no condition, impairment, or illness that could endanger my well being or that of others by participating in the Activities. I agree to disclose in writing any such conditions to Odyssey prior to participation. I further acknowledge that it is my responsibility to maintain proper hydration, nutrition, and medical care, and that I am solely responsible for consulting a physician prior to participation.
6. Medical AuthorizationIn the event of a medical emergency, I authorize Odyssey and its staff to secure medical treatment for me and/or to transport me to a medical facility, and I assume full responsibility for any resulting medical expenses.
7. Property Loss
I understand that Odyssey is not responsible for any loss, theft, or damage to my personal property while on its premises.
8. Photo/Video Release
I grant Odyssey Training Center, Inc., its representatives, and staff the right to photograph, film, or otherwise capture the likeness or voice of the Minor Participant during any Activity or event. I authorize Odyssey to use such images and recordings for promotional purposes, including but not limited to social media, website, print materials, and advertisements, without compensation.
I consent to photo/video use.
I do NOT consent to photo/video use.
9. Binding Effect / Severability
This Agreement is binding upon me, my heirs, executors, administrators, legal representatives, and assigns. If any provision is found unenforceable, the remainder shall remain in full force and effect.
10. Governing Law & Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any dispute arising hereunder shall be brought exclusively in a court of competent jurisdiction in San Diego County, California.
11. Acknowledgment of Understanding
I HAVE READ THIS AGREEMENT IN ITS ENTIRETY. I FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY, WITHOUT INDUCEMENT, AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.