PARTICIPANT voluntarily wishes to participate in training conducted at The Turf Barn located at 248 State Route 31, Macedon, NY 14532. I understand the following document:
RELEASE AND WAIVER OF LIABILITY AND INDEMNITY: PARTICIPANT hereby acknowledges and agrees that use of The Turf Barn Training facilities, services, equipment or premises, involves risks of injury to persons and property, including those described below, and assumes full responsibility for such risks. In consideration of PARTICIPANT and PARTICIPANT’S minor children (together “PARTICIPANT”) being permitted to enter the facility of The Turf Barn for purposes including, but not limited to, observation, use of facilities, services or equipment, or participation in any way, PARTICIPANT agrees to the following: PARTICIPANT hereby releases and holds The Turf Barn and its operator Upstate NY Sports Inc., their directors, officers, employees, and agents (“Operator”) harmless from all liability to PARTICIPANT, and PARTICIPANT’S personal representatives for any loss of damage, and gives up any claim or demands therefore, on account of injury to person or property, including injury leading to the death, whether caused by the active or passive negligence of Operator or otherwise, to the fullest extent permitted by law, while PARTICIPANT minor children are in, upon, or about The Turf Barn premises or using any facilities, services or equipment. PARTICIPANT also hereby agrees to indemnify, defend, and hold Operator harmless from any loss, liability, damage or cost Operator may incur due to the presence of PARTICIPANT in, upon or about The Turf Barn premises or in any way observing or using any facilities or equipment of The Turf Barn whether caused by the negligence of PARTICIPANT(S) or otherwise.
You represent that PARTICIPANT is in good physical condition and have no disability, illness, or other condition that could prevent PARTICPANT(s) from exercising without injury or impairment of health. Such risk of injury includes (but is not limited to): injuries arising from use by PARTICIPANT or others of exercise equipment and machines; injuries arising from participation by PARTICIPANT or others in supervised or unsupervised activities or programs at The Turf Barn, injuries and medical disorders arising from exercising at The Turf Barn such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; and accidental injuries. PARTICIPANT further expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall, not withstanding, continue in full force and effect.
I HAVE READ THIS AGREEMENT AND UNDERSTAND AND AGREE TO THE CONDITIONS:
