I acknowledge that in addition to the usual dangers and risks inherent in the strength and conditioning of youth and adult training, certain additional dangers and risks exist when participating in VELO U, LLC or 220 TOMPKINS LABS LLC activities and using the VELO U, LLC or 220 TOMPKINS LABS LLC products, training programs, coaching or instructional guidance, facilities and strength and conditioning equipment, including, but not limited to, the danger and risk of falling, jumping, landing, lifting, running, height and motion. By agreeing to this Waiver, I freely accept and fully assume responsibility for all such dangers and risks and the possibility of personal injury, death, property damage or loss resulting therefrom. In consideration of utilizing the VELO U, LLC or 220 TOMPKINS LABS LLC products, instructional guidance, digital instructional and training videos, facilities, programs and equipment, and for other good and valuable consideration, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS for personal injury including death, illness, and/or property damage that I or my child may have against VELO U, LLC or 220 TOMPKINS LABS LLC, their principals, directors, sponsors, affiliates, employees, subsidiaries, representatives and any volunteers in any way associated with VELO U, LLC or 220 TOMPKINS LABS LLC, all of whom are hereinafter collectively referred to as the “Releasees.”
2. TO RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY for any loss, damage, injury, death, medical or other expense that I or my child may suffer or that any other party may suffer as a result of my use of VELO U, LLC or 220 TOMPKINS LABS LLC products, instructional guidance, digital instructional and training videos, facilities, programs or equipment and or I or my child’s participation in any VELO U, LLC or 220 TOMPKINS LABS LLC products, instructional guidance, digital instructional and training videos, training, programs or other activities.
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party, resulting from my use of or participation in, any VELO U, LLC or 220 TOMPKINS LABS LLC products, instructional guidance, digital instructional and training videos, training, programs or other activities or by my or my child’s participation in training-related activities or other VELO U, LLC or 220 TOMPKINS LABS LLC activities, products, instructional guidance, digital instructional and training videos,. THIS RELEASE OF LIABILITY SHALL BE EFFECTIVE AND BINDING upon my heirs, next of kin, executors, administrators, successors, and assigns in the event of my or my child’s personal injury including death, illness, and/or property damage.
4. I ADDITIONALLY AGREE that my child and I shall follow all VELO U, LLC or 220 TOMPKINS LABS LLC safety procedures when participating in VELO U, LLC or 220 TOMPKINS LABS LLC programs and/or use VELO U, LLC or 220 TOMPKINS LABS LLC products, instructional guidance, digital instructional and training videos and equipment. I also expressly grant to VELO U, LLC or 220 TOMPKINS LABS LLC and any third party authorized by them, subject to the laws of the State of New York and the United States of America the right to film, videotape, photograph, collect data that is used for research, publishing and/or educational purposes, record my or my child’s voice and make any reproductions of my or my child’s physical likeness and voice but not his name, use my or my child’s social media posts and content, and the irrevocable, non-exclusive, royalty-free right in perpetuity to use, display, and digitally enhance such likeness or social media content in any media now known or hereafter devised, including, but not limited to, the exhibition and/or online use, broadcast, theatrically or on television, cable, or radio, any motion picture, videotape, DVD, CD or any Internet Service or program in which such likeness or social media content may be used or otherwise, or any published articles and research journals, catalogs, or websites in which such likeness or social media content may be printed, used or incorporated, and in the advertising, exploiting, and publicizing of VELO U, LLC or 220 TOMPKINS LABS LLC, as well as its products, services, licensed products, and all affiliated relationships. It is understood, that Releasees shall not have the right to use any material (i.e. footage or photographs) shot in connection with the VELO U, LLC or 220 TOMPKINS LABS LLC programs for any reason whatsoever. My child and I expressly agree and promise to accept and assume all of the risks existing with the use of VELO U, LLC or 220 TOMPKINS LABS LLC products, training programs, coaching or instructional guidance. My participation in any and all activities, products, training programs, coaching or instructional guidance sold, promoted, or disseminated by VELO U, LLC or 220 TOMPKINS LABS LLC is purely voluntary and my child and/or I elect to participate in spite of any risks.
5. I ADDITIONALLY AGREE that if my child and/or I am to enroll in any membership agreement, classes, private training, remote training, strength training or any other program or service potentially provided at or by VELO U, LLC or 220 TOMPKINS LABS LLC and/or the Releasees. My child and/or I knowingly accept all responsibilities, with regard to our knowledge, understanding, and adherence to correctly performing any exercises, workouts, or any movement in or outside the ATHLETES WAREHOUSE, LLC or VELO U, LLC or 220 TOMPKINS LABS LLC or facility. With this understanding, I agree that it is completely my child’s or my decision to follow any statement, suggestion, or guidance provided by the Releasees. Additionally, I, therefore, accept any and all responsibility for any injuries, damages, or claims suffered in or outside of the ATHLETES WAREHOUSE, LLC or VELO U, LLC or 220 TOMPKINS LABS LLC facility due to adhering to any suggestions, statements or guidance (including, but not limited to, any program in the print or digital format) provided by the Releasees.
6. I ADDITIONALLY AGREE that by signing this Waiver, I understand that by releasing VELO U, LLC or 220 TOMPKINS LABS LLC, I am also releasing any and all of VELO U, LLC or 220 TOMPKINS LABS LLC employees, managers, contractors, owners, representatives, affiliates, subsidiaries and related companies.
I HEREBY CERTIFY THAT my child is and/or I am covered by his/her or my own medical insurance and that I have read and understood this Waiver prior to agreeing to it, and I am aware that by agreeing to this Waiver I am waiving certain legal rights which I, my child, or our heirs, next of kin, executors, administrators, successors, and assigns may have against the Releasees. VELO U, LLC or 220 TOMPKINS LABS LLC shall have the right to impose any additional conditions which, in the opinion of the Releasees, will further the intent and legal rights and waivers provided herein. This Waiver was made and executed in the State of New York and shall be governed by, enforced in and construed in accordance with the laws of the State of New York. I acknowledge that in executing this Waiver, I am not relying on any inducements, promises, or representations made by the Releasees. I am acting on behalf of the attendee’s other parent in signing this contract and I have authority to bind such other parent to the terms and conditions of this contract on his or her behalf. I hereby further certify that I and/or my child have been cleared by a medical professional to partake in physical activity and strength and conditioning programs.You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to you and/or your child(ren) including, but not limited to, personal injury, disability, and death, illness, damage, loss, claim, liability, or expense, of any kind, that you and/or your child(ren) may experience or incur in connection with attendance at VELO U, LLC or 220 TOMPKINS LABS LLC, its facilities or participation in VELO U, LLC or 220 TOMPKINS LABS LLC programming (all of the foregoing, collectively “Claims”). On your behalf, and on behalf of your children, you hereby release, covenant not to sue, discharge, and hold harmless VELO U, LLC or 220 TOMPKINS LABS LLC, its members, officers, employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of VELO U, LLC or 220 TOMPKINS LABS LLC, its members, officers, employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any VELO U, LLC or 220 TOMPKINS LABS LLC program.