As consideration for being permitted by Rise Up Kings, Inc. to access the Program Services, participate in related Activities, or use of Equipment facilitated by Rise Up Kings now and in the future, I, the above named person (“I,” “Participant,” or “myself”), hereby acknowledge and agree as follows:
Ignite Host.
Participant understands and acknowledges that, for Ignite events hosted by parties other than Rise Up Kings, Rise Up Kings is assisting in facilitating such Ignite events at the request of the such third-party host (“Host”). Participant understands and acknowledges that Host, not Rise Up Kings, maintains operational control over such events.
Risks Associated with Program Services, Activities, and Equipment.
Rise Up Kings offers Participant the opportunity to participate in a wide range of programs and experiences, including, but not limited to personal, leadership and business consultations, memberships, networking, summits, conferences, training programs, coaching, consultations, and other services from time to time (collectively, the “Program Services”). I understand and acknowledge that there are known and unknown risks which could arise from my access to the Program Services, participation in related activities such as personal training, physical challenges, simulated and real world exercises, physical and mental exercises, use of exercise equipment and facilities, use of firearms and other weapons, sports (whether individual, group, or team), interaction with other participants, or use of any related services or equipment facilitated by Rise Up Kings (collectively, “Activities”). Such risks may arise as a result of my own or other’s actions or inactions, the condition of the facilities in which the Program Services or Activities take place, the use, misuse or malfunction of any training materials, tools, weapons, or other equipment provided or facilitated by Rise Up Kings (collectively, “Equipment”), or the negligence of the Released Parties (as defined below). Additional known and unknown risks may also result from any rescue, first aid, emergency treatment, or services rendered or failed to be rendered for any injuries incurred. Access to Program Services, participation in Activities, and use of Equipment is referred to herein as my “Participation.”
Acknowledgement of Risks.
I UNDERSTAND AND ACKNOWLEDGE THAT MY PARTICIPATION INVOLVES KNOWN AND UNKNOWN RISKS THAT COULD RESULT IN PHYSICAL OR EMOTIONAL INJURY, THE EXTENT OF WHICH COULD INCLUDE, BUT IS NOT LIMITED TO, PARALYSIS, DEATH, ILLNESS, DISEASE, OR OTHER PERSONAL INJURY OR PROPERTY DAMAGE. I UNDERSTAND AND ACKNOWLEDGE THAT THE ABOVE DESCRIPTION OF POTENTIAL RISKS IS INCOMPLETE, AND THAT OTHER RISKS, KNOWN OR UNKNOWN, IDENTIFIED OR UNIDENTIFIED, ANTICIPATED OR UNANTICIPATED, MAY ALSO RESULT IN PERSONAL INJURY OR PROPERTY DAMAGE.
Participant Responsibilities.
I acknowledge and represent to Rise Up Kings that (a) I am qualified and in good health to participate in any Activities, (b) it is my responsibility to conduct an Equipment safety check prior to any use, (c) IT IS MY RESPONSIBILITY TO DISCONTINUE PARTICIPATION IF I BELIEVE CONDITIONS ARE UNSAFE, and (d) TO THE EXTENT I HAVE ANY MEDICAL CONDITION ABOUT WHICH I AM CONCERNED AT ANY TIME PRIOR TO OR WHILE PARTICIPATING, IT IS MY RESPONSIBILITY TO AVOID OR CEASE PARTICIPATION AND CONSULT WITH MY DOCTOR. FURTHER, I UNDERSTAND RISE UP KINGS IS NOT A MEDICAL PROVIDER AND CANNOT ADVISE ME ON RISKS RELATED TO ANY MEDICAL CONDITION I MAY HAVE.
Acceptance of Risks.
I EXPRESSLY AGREE TO AND VOLUNTARILY ACCEPT AND ASSUME ALL RISKS RELATED TO MY PARTICIPATION. I VOLUNTARILY ELECT TO PARTICIPATE REGARDLESS OF THE RISKS, WHETHER KNOWN OR UNKNOWN.
Release.
I VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE RISE UP KINGS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, AFFILIATES, MANAGERS, LICENSORS, BUSINESS PARTNERS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (THE “RELEASED PARTIES”) ON BEHALF OF MYSELF, MY SPOUSE, MY CHILDREN, MY PARENTS, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES, AND ESTATE FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS OR CAUSES OF ACTION, DAMAGES, SUITS IN EQUITY OF WHATEVER KIND OR NATURE WHICH ARE RELATED TO, ARISE OUT OF, OR ARE IN ANY WAY RELATED TO MY PARTICIPATION, INCLUDING, WITHOUT LIMITATION, ACCESS TO THE PROGRAM SERVICES, PARTICIPATION IN RELATED ACTIVITIES, OR USE OF ANY RELATED SERVICES OR EQUIPMENT FACILITATED BY RISE UP KINGS, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS WHICH ALLEGE NEGLIGENT, GROSSLY NEGLIGENT, OR RECKLESS ACTS OR OMISSIONS OF THE RELEASED PARTIES. IF I AM A CALIFORNIA RESIDENT, I WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Indemnification.
I AGREE AND COVENANT TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ALL DAMAGES, LOSSES, LIABILITIES, CLAIMS, EXPENSES, FEES OR COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING OUT OF OR RELATING TO MY PARTICIPATION, INCLUDING, WITHOUT LIMITATION, ACCESS TO THE PROGRAM SERVICES, PARTICIPATION IN RELATED ACTIVITIES, USE OF ANY RELATED SERVICES OR EQUIPMENT FACILITATED BY RISE UP KINGS, AND RECEIPT OR RELIANCE ON THE INSTRUCTIONAL OR INFORMATIONAL MATERIALS PROVIDED BY THE RELEASED PARTIES.
Governing Law.
This Agreement is governed by and construed in accordance with the laws of the State of Texas, without regard to its choice of law principles. The parties consent to exclusive jurisdiction and venue in the federal and state courts sitting in Denton County, Texas. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party will be entitled to recover its reasonable attorney’s fees, costs and other expenses.
Marketing.
I hereby consent and authorize Rise Up Kings to take photographs or motion pictures of me, and to produce videotapes, audiotapes, closed circuit television programs, web casts, or other types of media productions that capture my name, voice, and/or image (collectively “Materials”). I further agree that Rise Up Kings may identify me by name, and such other identifying information as class year, graduation date, hometown, etc., unless otherwise requested by me in writing. I authorize Rise Up Kings to copyright the Materials, and I authorize Rise Up Kinds to use, reuse, copy, publish, display, exhibit, reproduce, license to third party, and distribute the Materials in any educational or promotional materials or other forms of media, which may include, but are not limited to, catalogs, articles, magazines, brochures, websites or publications, electronic or otherwise, without notifying me.