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FAMILY RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

(The "Agreement")

This Family Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement ("Agreement") is entered into by and between the undersigned Participant ("Primary Participant"), the Secondary Participant ("Secondary Participant"), and the Children listed below ("Children"), and The Final Percent LLC ("Organization" or "Releasee"). The effective date of this Agreement is the date of signature or online agreement.

1. PARTIES

  • Primary Participant: The individual who enters into this Agreement on behalf of themselves, the Secondary Participant, and any Children listed below.
  • Secondary Participant: Any additional individual named in this Agreement who also agrees to its terms.
  • Children: Any minor children listed below who are under the legal guardianship of the Primary Participant and whose participation is included under this Agreement.
  • Releasee: The Final Percent LLC, including its affiliates, subsidiaries, officers, directors, employees, agents, contractors, volunteers, representatives, successors, and assigns.

2. DESCRIPTION OF ACTIVITIES COVERED

This Agreement covers all activities, events, programs, services, and related participation provided, sponsored, or facilitated by The Final Percent LLC (hereinafter referred to as the "Activities"). These include, but are not limited to:

  • Personal development workshops and seminars
  • Group activities, both physical and educational
  • Recreational and team-building events
  • Online sessions, digital content, or virtual events
  • Any other services or activities organized or offered by The Final Percent LLC.

The Activities may take place at various physical locations or via online platforms operated or authorized by the Organization.

3. ASSUMPTION OF RISK

The Primary Participant, on behalf of themselves, the Secondary Participant, and the Children, acknowledges that participation in the Activities involves inherent risks, including, but not limited to:

  • Physical Risks: Injury due to physical exertion, falls, collisions, or accidents.
  • Emotional Risks: Potential emotional distress or mental strain arising from the nature of the Activities.
  • Health Risks: Exhaustion, dehydration, overexertion, or unforeseen medical conditions.
  • Environmental Risks: Hazards related to weather, terrain, or other environmental factors at physical locations.
  • Technological Risks: Risks associated with online participation, including data breaches, technical issues, or service interruptions.

By agreeing to this Agreement, the Primary Participant voluntarily assumes these risks for themselves, the Secondary Participant, and the Children, whether the risks are known or unknown, anticipated or unanticipated.

4. WAIVER OF LIABILITY

In consideration of being permitted to participate in the Activities, the Primary Participant, on behalf of themselves, the Secondary Participant, and the Children, hereby waives, releases, and discharges The Final Percent LLC and its Releasees from any and all liability, claims, actions, damages, or losses arising out of or related to their participation in the Activities. This includes, but is not limited to:

  • Claims for personal injury, death, or property damage
  • Claims related to negligence, gross negligence, or any other legal theory
  • Claims arising from any actions or omissions by the Releasee during the Activities.

This waiver applies whether the injury or damage was caused by the negligence of The Final Percent LLC or otherwise.

5. INDEMNIFICATION

The Primary Participant agrees to indemnify, defend, and hold harmless The Final Percent LLC, its officers, agents, employees, and affiliates from any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Any injury or damage suffered by the Primary Participant, Secondary Participant, or the Children during the Activities
  • Any negligent, reckless, or wrongful act or omission by the Primary Participant, Secondary Participant, or the Children
  • Any third-party claims resulting from actions by the Primary Participant, Secondary Participant, or the Children during participation in the Activities.

This indemnification obligation applies regardless of whether the claim arises from negligence or any other legal theory.

6. CONSENT TO MEDICAL TREATMENT

In the event of an emergency or medical situation, the Primary Participant, on behalf of themselves, the Secondary Participant, and the Children, authorizes The Final Percent LLC to secure emergency medical treatment, hospitalization, or transportation deemed necessary for the health and safety of the participants. The Primary Participant assumes full responsibility for any medical costs incurred.

The Primary Participant releases The Final Percent LLC from any claims or liability arising out of or related to any first aid, treatment, or medical services rendered in connection with participation in the Activities.

7. PHOTO, VIDEO, AND MEDIA RELEASE

The Primary Participant grants The Final Percent LLC an irrevocable, worldwide, royalty-free license to use any photographs, videos, or other media taken during the Activities that include the Primary Participant, Secondary Participant, or the Children for promotional, commercial, or educational purposes.

The Primary Participant waives any right to review or approve the final product and any claims to royalties or compensation related to the use of such media.

8. WARRANTIES AND REPRESENTATIONS

The Primary Participant represents and warrants the following:

  • Authority: The Primary Participant has the legal authority to enter into this Agreement on behalf of themselves, the Secondary Participant, and the Children, and they are responsible for ensuring the Secondary Participantā€™s and Childrenā€™s adherence to the Agreement.
  • Age and Capacity: The Primary Participant and Secondary Participant are at least 18 years old and have the legal capacity to enter into this Agreement. If any Children are involved, the Primary Participant confirms they are the legal guardian of the Children.
  • Fitness to Participate: The Primary Participant confirms that they, the Secondary Participant, and the Children are in good health and physically able to participate in the Activities. They are not aware of any medical conditions that would make participation hazardous or irresponsible.
  • Voluntary Participation: Participation by the Primary Participant, Secondary Participant, and Children is entirely voluntary, and they understand the risks involved.

9. FAMILY AGREEMENT

The Primary Participant acknowledges that this Agreement extends to and binds the Secondary Participant and the Children. By entering into this Agreement, the Primary Participant agrees that they have the authority to bind the Secondary Participant and the Children to these terms, and they are signing on their behalf.

10. SEVERABILITY

If any provision of this Agreement is found to be illegal, invalid, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable. If such modification is not possible, the provision shall be severed from the Agreement, and the remaining provisions shall remain in full force and effect.

11. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of [Insert State/Country], without regard to its conflict of laws principles. Any disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts in [Insert County/State].

12. ENTIRE AGREEMENT

This Agreement represents the entire understanding between the Primary Participant and The Final Percent LLC regarding participation in the Activities. It supersedes all prior discussions, agreements, or understandings, whether written or oral. No oral representations, statements, or inducements apart from this written Agreement shall be binding.

13. ONLINE AGREEMENT

By checking "I Agree" on the checkout page, the Primary Participant affirms that they have read and understood this Agreement and voluntarily agree to its terms. They further acknowledge that checking the box constitutes an electronic signature, which has the same legal effect as a handwritten signature.