Signup

ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, COVENANT NOT TO SUE, INDEMNIFICATION, AND ARBITRATION AGREEMENT

WARNING: Please read carefully as this Agreement includes an ASSUMPTION OF RISK, WAIVER OF LIABILITY DEFENSE AND INDEMNIFICATION, and ARBITRATION AGREEMENT which deprives you, Other Members, Guests and those whom you register on behalf of the right to sue Own Your Dream Sports Academy and other parties, including for negligence.

I {name} certify that I am authorized to enter into this Assumption of Risk, Waiver and Release of Liability, Covenant not to Sue, Indemnification, and Arbitration Agreement ("Agreement") on my behalf and on behalf of my minor child(ren). In consideration for Own Your Dream Sports Academy and its subsidiaries, affiliates, directors, owners, employees, representatives, volunteers and agents (collectively "Own Your Dream Sports Academy") allowing me or my minor child(ren) to participate in the Event. I hereby agree to all of the terms and conditions in this Agreement, including the ASSUMPTION OF RISK, WAIVER OF LIABILITY, DEFENSE AND INDEMNIFICATION, HEALTH AND SAFETY, ARBITRATION AGREEMENT provisions below.

1. ASSUMPTION OF RISK.I understand that there are dangers, hazards, and risks of injury or damage, some of which are inherent, in the use of Own Your Dream Sports Academy's premises, facilities, equipment, services, activities or products.
   1. Use of Premises and Services. I understand that use of Own Your Dream Sports Academy's premises, facilities, equipment, services, activities or products ("Use of Own Your Dream Sports Academy Premises and Services") can include but is not limited to (1) use of studios, fitness floors, fitness equipment, turf field, recovery areas, entryways, sidewalks, parking lots and any other facilities or equipment; (2) use of personal training services; group fitness classes (including yoga); services; kid's programs; or chiropractic services; and weight loss or nutritional programs; (3) use of services and participation in activities off Own Your Dream Sports Academy premises, including but not limited to running, cycling, mountain biking, personal training, group fitness, athletic events, combines, educational programs, wellness programs, travel programs, and field trips; and (4) all other programs, activities, classes, sessions, seminars, workshops, assessments, events, amenities, or benefits that are sponsored, endorsed or operated by Own Your Dream Sports Academy on or off its premises.
   2. I understand that the dangers, hazards, and risks of injury or damage in the Use of Own Your Dream Sports Academy Premises and Services ("Risks") may include but are not limited to (1) slips, trips, collisions, falls, and loss of footing or balance, including "slip and falls" (2) drowning; (3) equipment failure, malfunction or misuse; (4) property or information theft, loss, misuse or damage, including from lockers, vehicles, equipment, files or systems; and (5) other accidents or incidents that may result in injury or damage to me, Minor Member(s), Other Member(s), or Guest(s).
   3. I understand that such injuries or damages may include but are not limited to major or minor personal, physical, bodily, emotional, mental, economic, property or other types of injuries or damages ("Injuries") to me, Minor Member(s), Other Member(s) or Guest(s), including but not limited to (1) death; (2) paralysis, brain damage, heart attacks, strokes, disfigurement, heat stress and/or heat stroke, dehydration, concussions, hearing loss, torn or damaged muscles or ligaments, broken bones, allergic reactions, burns, sprains, bruises and scrapes; (3) aggravation of pre-existing injuries or medical conditions; (4) pain and suffering; (5) loss of consortium, love, affection, comfort, companionship, or care; (6) emotional distress, embarrassment, humiliation, or shock; (7) lost wages or lost earning capacity; (8) lost, stolen, misused or damaged property or information; and (9) any other disability, impairment, incapacity, injury or damage

I understand that Risks and Injuries in the Use of Own Your Dream Sports Academy Premises and Services (collectively, "Risks of Injury") may be caused, in whole or in part, by the NEGLIGENCE OF OWN YOUR DREAM SPORTS ACADEMY, me, Minor Member(s), Other Member(s), Guest(s) and/or other persons. I FULLY UNDERSTAND, AND VOLUNTARILY AND WILLINGLY ASSUME, THE RISKS OF INJURY.

2. WAIVER OF LIABILITY.On behalf of myself and my spouse/partner, children/Minor Members, Other Members, Guests, parents, guardians, heirs, next of kin, personal representatives, heirs and assigns, I hereby voluntarily and forever release and discharge Own Your Dream Sports Academy, their direct and indirect subsidiaries and affiliates, and all of their employees, contractors, officers, directors, agents, representatives, sponsors, volunteers and any other entity or person acting for them and all of their successors and assigns (collectively, "Indemnified Parties") from, covenant and agree not to sue the Indemnified Parties for, and waive, any claims, demands, actions, causes of action, debts, damages, losses, costs, fees, expenses or any other alleged liabilities or obligations of any kind or nature, whether known or unknown (collectively, "Claims") for any Injuries to me, Minor Member(s), Other Member(s), or Guest(s) in the Use of Own Your Dream Sports Academy Premises and Services which arise out of, result from, or are caused by any NEGLIGENCE OF THE INDEMNIFIED PARTIES, me, any Minor Member(s), any Other Member(s), any Guest(s), and/or any other person and, if in Canada, any breach by the Indemnified Parties of the Occupiers' Liability Act (Ontario) (collectively, "Negligence Claims"). 
   1. Negligence Claims.I understand that Negligence Claims include but are not limited to the Indemnified Parties' (1) negligent design, construction (including renovation or alteration), repair, maintenance, operation, supervision, monitoring, or provision of the Use of Own Your Dream Sports Academy Premises and Services; (2) negligent failure to warn of or remove a hazardous, unsafe, dangerous or defective condition; (3) negligent failure to provide or keep premises in a reasonably safe condition; (4) negligent provision of or failure to provide emergency care; (5) negligent hiring, selection, training, instruction, certification, supervision or retention of employees, independent contractors or volunteers; (6) negligent collection, use, disclosure or storage of personal, sensitive or other information (including negligent failure to implement or maintain information security controls); or (7) other negligent act(s) or omission(s).
   2. Own Your Dream Sports Academy's Fees and Costs.I specifically agree that, if I (on my own behalf or on behalf of another, including an estate) assert a Negligence Claim against the Indemnified Parties and/or breach my agreement not to sue the Indemnified Parties, I will pay all reasonable fees (including attorneys' fees), costs and expenses incurred by the Indemnified Parties ("Indemnified Parties' Fees and Costs") to defend (1) the Negligence Claim(s) and (2) all other Claims based on the same facts as the Negligence Claim(s).
3. DEFENSE AND INDEMNIFICATION.On behalf of myself and my spouse/partner, children/Minor Member(s), Other Member(s), Guest(s), parents, guardians, heirs, next of kin, personal representatives, heirs and assigns, I agree to defend, indemnify and hold the Indemnified Parties harmless to the fullest extent permitted by law from and against any Claim (including any Negligence Claim) asserted against the Indemnified Parties by any other person (including but not limited to any Other Member, any Guest, any other Own Your Dream Sports Academy member or guest, any family member who is not a Own Your Dream Sports Academy member, or any other person or entity) arising out of, resulting from, or caused by the Use of Own Your Dream Sports Academy Premises and Services by me, Minor Member(s), Other Member(s), or Guest(s). My agreement to defend the Indemnified Parties means that I will pay all of the Indemnified Parties' Fees and Costs incurred to defend the Claim from the date the Claim is asserted. My agreement to indemnify and hold the Indemnified Parties harmless means that I will pay any settlement, judgment, or other damages, fees or costs of any type incurred by the Indemnified Parties to resolve the Claim.
4. IMAGE AND LIKENESS RELEASE.I understand that Own Your Dream Sports Academy and each of its affiliates and subsidiaries (collectively, "Own Your Dream Sports Academy") may stream, livestream, record, take photographs, make audio or video recordings, or take testimonial accounts that may contain the name, image, voice, likeness, persona or account of me or my Minor Members (collectively "Images") during the use of Own Your Dream Sports Academy's applications, websites, digital services, services, premises, facilities, equipment, activities or products, including, without limitation, group fitness and yoga classes, whether on or off Own Your Dream Sports Academy premises (collectively, "Use of Own Your Dream Sports Academy Premises and Services"). I hereby irrevocably consent to and grant Own Your Dream Sports Academy the non-exclusive, worldwide, perpetual, royalty-free, fully paid, transferable and otherwise unlimited right to use, copy, modify, distribute, display, publicly display, perform, publish, transmit, host, remove, retain, repurpose, reproduce, adapt, edit, modify, change, add, delete, rearrange, prepare derivative works of and commercialize any and all such Images (and the right to sublicense such images through unlimited levels of sublicensees) through any form of communication, in any manner, in any media formats and through any media channels, now known or hereafter developed, including, without limitation, streaming, livestreaming or on-demand, for any purpose whatsoever, commercial or otherwise, without obtaining additional consent, without restriction or notification, and without compensating me in any way, and to authorize others to do the same. Without limiting the foregoing, I hereby consent to Own Your Dream Sports Academy's use of the Images for commercial and promotional use, including, without limitation, on corporate or employee social media. I waive any right to inspect, approve, or edit such Images as used by Own Your Dream Sports Academy. I further understand and agree, without limiting this Image and Likeness Release, that my membership documents with Own Your Dream Sports Academy, whether General Terms Agreement, Member Usage Agreement and/or Digital Terms of Use, as well as the Guest and Club Policies and Terms of Use located on or referenced within Own Your Dream Sports Academy's corporate website, which is currently my.lifetime.life, apply to my Use of Own Your Dream Sports Academy Premises and Services.
5. HEALTH AND SAFETY.I represent that I and my minor child(ren) are healthy enough to engage safely in the Event. I acknowledge that Own Your Dream Sports Academy does not and will not provide medical advice, although I consent to emergency care by Own Your Dream Sports Academy for me or my minor child(ren). I acknowledge that I am responsible for my own conduct, health and safety and that of my minor child(ren) and that Own Your Dream Sports Academy is not responsible for any medical expenses incurred by me or my minor child(ren) in connection with the Participation in the Event.
6. PARENT OR GUARDIAN AGREEMENT.If I am the parent or legal guardian of a minor child(ren), I acknowledge and represent to Own Your Dream Sports Academy that I have the right and authority to make decisions concerning the care, custody and control of each minor child, including but not limited to, the liferight and authority to execute this Agreement on each mionr child's behalf. By signing this Agreement, I am binding each of my minor child(ren) to its terms, including but not limited to the ASSUMPTION OF RISK, WAIVER OF LIABILITY, DEFENSE AND INDEMNIFICATION, HEALTH AND SAFETY, and ARBITRATION AGREEMENT
7. I agree that this Agreement, including specifically the ASSUMPTION OF RISK, WAIVER OF LIABILITY, DEFENSE AND INDEMNIFICATION, HEALTH AND SAFETY, PARENT OR GUARDIAN AGREEMENT and ARBITRATION AGREEMENT provisions, is intended to be as broad and inclusive as permitted under applicable law. If a court declares any part of this Agreement unenforceable, invalid or void, that part alone shall be severed from this Agreement, and the entire remainder of the Agreement, including any partially enforceable provision, shall be fully binding and enforceable to the maximum extent permitted by applicable law.
8. OTHER PROVISIONS.I am not relying on any oral or written promises, representations, statements, covenants or warranties, other than those set forth herein, to induce me to sign this Agreement. This Agreement may be amended at any time by Own Your Dream Sports Academy upon such notice, if any, as may be required by law. If Own Your Dream Sports Academy fails to enforce any right in this Agreement for any reason, Own Your Dream Sports Academy does not waive its right to enforce it later.
9. ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER
   1. Mandatory Binding Individual Arbitration.Except as expressly provided below, Own Your Dream Sports Academy and I (each a "party" or, together, "us", "we" or "parties") agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between us (whether arising out of or relating to past, present or future acts or omissions) ("Claims") shall be exclusively resolved by binding arbitration on an individual basis, rather than in court ("Arbitration Agreement").
   2. Waiver of Class Actions.We each agree that we will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.
   3. Waiver of Jury Trial.We waive our constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.
   4. Claims Not Subject to Arbitration.There are only three exceptions to this Arbitration Agreement: 
      1. Small Claims.Either party may bring individual Claims in small claims court.
      2. Personal Injury Claims. Both parties must litigate personal injury Claims in court. For purposes of this exception, personal injury Claims are Claims arising from injury to the physical structure of the human body.

• Emergency Equitable Relief.Either party may seek temporary injunctive relief or other equitable relief in court pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

1. Arbitration Procedures.Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator. 
   1. Arbitration Providers. Each party has a choice of initiating arbitration before either the American Arbitration Association ("AAA") or JAMS, which are both established alternative dispute resolution providers ("ADR Providers"). If neither AAA nor JAMS is available to arbitrate, we will agree to select an alternative ADR Provider to administer the arbitration in this Arbitration Agreement.
   2. Arbitration Rules.The arbitration will be conducted under the AAA Consumer Arbitration Rules (available at www.adr.org) or JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com) ("Arbitration Rules"). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.

• Arbitration Location.The arbitration hearing will be held at the ADR Provider's location that is closest to the claimant's primary residence, unless the claimant primarily resides outside the United States (in which case the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings.)

1. Fees.Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.
2. Arbitrator's Authority and Award.The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider's Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.

1. Governing Law.This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.
2. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.

SIGNATURE

BY Signing below, I AGREE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND AGREE TO ALL TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT, INCLUDING SPECIFICALLY THE ASSUMPTION OF RISK, WAIVER OF LIABILITY, DEFENSE AND INDEMNIFICATION, AND ARBITRATION AGREEMENT PROVISIONS UNDER WHICH I AM RELINQUISHING LEGAL RIGHTS. MY PARTICIPATION IN THE EVENT AND EXECUTION OF THIS AGREEMENT IS PURELY VOLUNTARY AND I ELECT TO DO SO IN SPITE OF THE RISKS AND LEGAL EFFECT.

Athlete's Name

{sign_date} 

Participant (or Guardians)