Activation Liability Waiver
I am voluntarily participating in physical exercise that can be strenuous and subject to
risk of serious injury during PRIVATE OR GROUP TRAINING. Sogility Holdings LLC
requires that you consult with your guardian before participating in these
sessions. I agree that participation in these physical exercise sessions or
personal training activities is at my own risk. I recognize that exercise is not without
some risk to the musculoskeletal system (e.g. sprain, strain) and cardiorespiratory
system (e.g. dizziness, fainting, abnormal heartbeat, discomfort in breathing, abnormal
blood pressure response, and in rare instances, heart attack or stroke). I acknowledge
that not all risks can be known in advance. I HEREBY, for myself, my heirs, executors,
administrators, assigns, or personal representatives (hereinafter collectively, “Releasor,”
“I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is
under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE
OF LIABILITY and hereby waive any and all rights, claims or causes of action of any
kind arising out of my participation in the Activity. I HEREBY release and forever
discharge Sogility Holdings LLC, their affiliates, managers, members, agents,
attorneys, staff, volunteers, heirs, representatives, predecessors, successors and
assigns (collectively “Releasees”), from any physical or psychological injury that I may
suffer as a direct result of my participation in the aforementioned Activity. I FURTHER
AGREE to indemnify, defend and hold harmless the Releasees against any and all
claims, suits or actions of any kind whatsoever for liability, damages, compensation or
otherwise brought by me or anyone on my behalf, including attorney fees and any
related costs. I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors,
omissions, acts or failures to act of any party or entity conducting a specific event or
activity on behalf of Releasees. In the event that I should require medical care or
treatment, I authorize Sogility Holdings LLC to provide all emergency medical care
deemed necessary, including but not limited to, first aid, CPR, the use of AEDs,
emergency medical transport, and sharing of medical information with medical
personnel. I further agree to assume all costs involved and agree to be financially
responsible for any costs incurred as a result of such treatment. I am aware and
understand that I should carry my own health insurance. In the event that any damage
to equipment, field or facilities occurs as a result of my or my family’s or my agent’s
willful actions, neglect or recklessness, I acknowledge and agree to be held liable for
any and all costs associated with any such actions of neglect or recklessness. Both
participant and Sogility Holdings LLC agree that this agreement is clear and
unambiguous as to its terms, and that no other evidence shall be used or admitted
altering or explain the terms of this agreement, but that it will be interpreted based on
the language in accordance with the purposes for which it is entered into.