AREA CODE PERSONAL TRAINING
LIABILITY WAIVER, RELEASE OF CLAIMS, ASSUMPTION OF RISK, COVENANT NOT TO SUE, AND INDEMNIFICATION AGREEMENT
WARNING: THIS IS A LEGALLY BINDING DOCUMENT. BY SIGNING THIS AGREEMENT, YOU ARE ASSUMING CERTAIN RISKS AND WAIVING AND RELEASING CERTAIN LEGAL RIGHTS, INCLUDING CERTAIN CLAIMS BASED ON NEGLIGENCE. PLEASE READ IT CAREFULLY BEFORE SIGNING.
This Liability Waiver, Release of Claims, Assumption of Risk, Covenant Not to Sue, and Indemnification Agreement (“Agreement”) is entered into by the undersigned participant (“Athlete”) and, if the Athlete is under eighteen (18) years of age, the Athlete’s parent or legal guardian (“Parent/Guardian”). This Agreement is made for the benefit of Area Code Training LLC, doing business as Area Code Personal Training and/or Area Code Elite, and its owners, members, managers, coaches, trainers, employees, independent contractors, volunteers, agents, representatives, affiliates, successors, and assigns (collectively, the “Released Parties”).
1. ACTIVITIES COVERED BY THIS AGREEMENT
This Agreement applies to the Athlete’s participation in any basketball training, instruction, workout, practice, evaluation, camp, clinic, skills session, athletic development session, strength or conditioning activity, competitive drill, or other basketball- or fitness-related activity conducted, organized, supervised, or provided by Area Code Training LLC (collectively, the “Activities”).
Activities may include, but are not limited to: Ball handling. Shooting. Passing.Finishing. Footwork. Defensive movements. Jumping and landing. Sprinting and change-of-direction movements. Agility exercises. Strength and conditioning. Basketball-specific physical conditioning. One-on-one or competitive drills. Contact or non-contact drills. Use of basketballs and training equipment. Activities involving other athletes, coaches, or trainers This Agreement applies whether the Activities occur at a school, gymnasium, athletic facility, outdoor court, rented facility, privately owned facility, or any other training location.
2. ACKNOWLEDGEMENT AND ASSUMPTION OF RISK
I understand and acknowledge that participation in basketball, athletic training, exercise, and physical conditioning involves inherent and other risks that cannot be completely eliminated regardless of the care taken. These risks include, but are not limited to: Falls; slips; collisions; physical contact with other participants; contact with basketballs, walls, floors, baskets, equipment, or other objects; muscle strains; sprains; torn muscles, tendons, or ligaments; fractures; dislocations; cuts; bruises; dental injuries; eye injuries; head injuries; concussions; dehydration; heat-related illness; cardiovascular events; illness; aggravation of pre-existing injuries or medical conditions; permanent disability; paralysis; and death. I understand that injuries may result from the Athlete's actions, the actions of other participants, the condition of the facility or equipment, the nature of the Activities, or the acts or omissions of the Released Parties. I KNOWINGLY AND VOLUNTARILY ACCEPT AND ASSUME ALL INHERENT AND ORDINARY RISKS ASSOCIATED WITH THE ATHLETE'S PARTICIPATION IN THE ACTIVITIES, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, TO THE FULLEST EXTENT PERMITTED BY LAW.
3. EXPRESS RELEASE AND WAIVER OF LIABILITY — INCLUDING NEGLIGENCE
I EXPRESSLY UNDERSTAND THAT THIS SECTION AFFECTS IMPORTANT LEGAL RIGHTS. In consideration for the Athlete being permitted to participate in the Activities, I, on behalf of myself and, to the extent permitted by law, the Athlete and our respective heirs, estate, personal representatives, executors, administrators, successors, and assigns, hereby RELEASE, WAIVE, AND DISCHARGE the Released Parties from claims, demands, causes of action, damages, losses, liabilities, or expenses arising from or relating to the Athlete's participation in the Activities. TO THE FULLEST EXTENT PERMITTED BY ARIZONA LAW, THIS RELEASE EXPRESSLY INCLUDES CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF AREA CODE TRAINING LLC OR ANY OTHER RELEASED PARTY. This includes, to the fullest extent permitted by law, claims alleging negligent instruction, negligent coaching, negligent supervision, negligent training methods, negligent selection or use of equipment, negligent maintenance or inspection, negligent failure to warn, negligent acts or omissions, or other forms of ordinary negligence connected with the Activities. THIS AGREEMENT DOES NOT PURPORT TO RELEASE LIABILITY THAT CANNOT LAWFULLY BE WAIVED UNDER ARIZONA LAW.
4. COVENANT NOT TO SUE
To the fullest extent permitted by law, I agree not to institute or maintain a lawsuit or other legal claim against the Released Parties for claims that have been validly released under this Agreement. I UNDERSTAND THAT I AM GIVING UP THE RIGHT TO BRING CERTAIN CLAIMS AGAINST AREA CODE TRAINING LLC AND THE OTHER RELEASED PARTIES, INCLUDING CERTAIN CLAIMS ARISING FROM THEIR ORDINARY NEGLIGENCE.
5. PARENT/GUARDIAN AGREEMENT FOR MINOR ATHLETES
If the Athlete is under eighteen (18) years of age, I represent and warrant that I am the Athlete's parent or legal guardian or otherwise have legal authority to execute this Agreement. I have read and understand this entire Agreement. I consent to the Athlete's participation in the Activities. I understand the risks associated with the Activities. I knowingly and voluntarily agree to the provisions of this Agreement on my own behalf and, to the extent legally permitted, on behalf of the Athlete; and I agree to be bound by the provisions of this Agreement to the fullest extent permitted by Arizona law.
6. HEALTH AND FITNESS REPRESENTATION
The Athlete and/or Parent/Guardian represents that the Athlete is physically capable of participating in basketball and athletic training. The Athlete and/or Parent/Guardian agrees to disclose known injuries, physical limitations, medical restrictions, or other conditions that may reasonably affect the Athlete's safe participation. Participation should not occur contrary to restrictions or instructions provided by a qualified healthcare professional Area Code Training LLC does not provide medical advice and does not represent that an Athlete is medically cleared to participate.
7. PARTICIPANT RESPONSIBILITIES
The Athlete agrees to: Follow reasonable instructions from trainers and coaches; Use facilities and equipment appropriately; Immediately report injuries, pain, dizziness, illness, or unusual symptoms; Refrain from participating when injured or medically restricted; Conduct themselves appropriately during training; and Avoid intentionally dangerous, reckless, or disruptive behavior. Area Code Training LLC may stop, restrict, or modify an Athlete's participation when reasonably considered necessary for safety or appropriate training.
8. MEDICAL AUTHORIZATION
If an injury, illness, or medical emergency occurs during the Activities, I authorize Area Code Training LLC and its representatives to contact emergency medical services and, when reasonably necessary, assist in obtaining emergency medical care for the Athlete. I understand that Area Code Training LLC does not guarantee that medical personnel will be immediately available. I accept responsibility for medical expenses, emergency transportation, hospital expenses, or other healthcare costs incurred on behalf of the Athlete.
9. INSURANCE
I understand that Area Code Training LLC does not provide health or accident insurance for the Athlete unless expressly stated otherwise in writing. The Athlete and/or Parent/Guardian is responsible for maintaining any health, medical, or accident insurance considered appropriate for participation.
10. THIRD-PARTY FACILITIES
I understand that Area Code Training LLC may conduct Activities at facilities owned, leased, operated, or controlled by third parties. To the extent permitted by law, I acknowledge that Area Code Training LLC cannot guarantee the condition of every portion of a third-party facility or the conduct of individuals who are not under Area Code Training LLC's control. Nothing in this Agreement modifies any separate agreement or waiver required by the owner or operator of a training facility.
11. INDEMNIFICATION
To the fullest extent permitted by Arizona law, I agree to indemnify and hold harmless the Released Parties from claims, damages, liabilities, costs, and reasonable expenses arising from the Athlete's own acts or omissions, violation of facility rules, intentional misconduct, or damage caused by the Athlete. This provision shall apply only to the extent enforceable under applicable law and is not intended to create indemnification obligations prohibited by law.
12. PERSONAL PROPERTY
The Athlete and/or Parent/Guardian accepts responsibility for personal property brought to the Activities. Area Code Training LLC is not responsible for lost, misplaced, stolen, or damaged personal property except to the extent liability cannot lawfully be excluded.
13. PHOTO, VIDEO, AND MEDIA AUTHORIZATION
This section is separate from the liability release. Declining media authorization does not prevent the Athlete from participating in personal training. Please select one:
YES — I GIVE PERMISSION for Area Code Training LLC to photograph or record the Athlete during Activities and use the Athlete's image, likeness, or video for legitimate promotional, educational, social media, website, advertising, or marketing purposes without compensation.
NO — I DO NOT GIVE PERMISSION for Area Code Training LLC to use identifiable photographs or videos of the Athlete for promotional or marketing purposes.
14. GOVERNING LAW AND VENUE
This Agreement shall be governed by and interpreted according to the laws of the State of Arizona, without regard to conflict-of-law principles. To the extent permitted by law, any legal action arising from this Agreement shall be brought in a court of competent jurisdiction located in Maricopa County, Arizona.
15. SEVERABILITY
If any provision or portion of this Agreement is determined to be invalid, illegal, or unenforceable, that provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue in effect to the fullest extent permitted by law.
16. ENTIRE AGREEMENT
This Agreement contains the understanding between the parties regarding assumption of risk, release of liability, and related matters addressed herein. No oral statement by a coach, trainer, employee, or representative shall modify this Agreement. Any modification must be made in writing.
17. CONTINUING APPLICATION
Unless replaced or revoked in writing, this Agreement is intended to apply to the Athlete's participation in Area Code Personal Training Activities occurring after execution of this Agreement, to the fullest extent permitted by applicable law.
18. ACKNOWLEDGEMENT OF UNDERSTANDING
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT BEFORE SIGNING IT. I UNDERSTAND THAT PARTICIPATION IN BASKETBALL AND ATHLETIC TRAINING INVOLVES RISKS OF SERIOUS INJURY AND, IN RARE CIRCUMSTANCES, DEATH. I UNDERSTAND THAT THIS AGREEMENT CONTAINS AN ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, COVENANT NOT TO SUE, AND OTHER LEGALLY SIGNIFICANT PROVISIONS. I SPECIFICALLY UNDERSTAND THAT, TO THE FULLEST EXTENT PERMITTED BY ARIZONA LAW, I AM RELEASING CERTAIN CLAIMS THAT MAY ARISE FROM THE ORDINARY NEGLIGENCE OF AREA CODE TRAINING LLC AND THE OTHER RELEASED PARTIES. I HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS REGARDING THIS AGREEMENT BEFORE SIGNING IT. I SIGN THIS AGREEMENT KNOWINGLY AND VOLUNTARILY AND INTEND TO BE LEGALLY BOUND BY ITS TERMS.
ATHLETE INFORMATION
Athlete Full Name: __________________________________________ Date of Birth: ______________________________________________
Athlete Signature (if 18 or older): ____________________________ Date: ______________________
PARENT/LEGAL GUARDIAN Required for Athletes Under 18
I certify that I am the parent/legal guardian of the Athlete identified above or otherwise possess legal authority to execute this Agreement.
Parent/Guardian Full Name: __________________________________ Parent/Guardian Signature: __________________________________
Date: ______________________ Phone: __________________________________ Email: ___________________________________
EMERGENCY CONTACT
Name: ___________________________________ Relationship to Athlete: ___________________ Phone: ___________________________________
FINAL ACKNOWLEDGEMENT
BY SIGNING BELOW, I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT, INCLUDING THE ASSUMPTION OF RISK AND EXPRESS RELEASE OF CERTAIN NEGLIGENCE CLAIMS, AND I AGREE TO ITS TERMS.
Parent/Guardian or Adult Athlete Initials: __________ Date: __________