I acknowledge that training for and/or participating in a fitness activities such as strength training, bicycling, running, swimming, triathlon are an extreme test of a person’s physical and mental limits and such training or participation poses potential risks of serious bodily injury, death, or property damage. With full understanding of the risks I am taking, I HEREBY ASSUME ALL THE RISKS OF TRAINING FOR AND PARTICIPATING IN SUCH ACTIVITIES and EVENTS and agree to the following:
MOBILE BAYKEEPER INC has been retained to assist me in the improvement of my fitness.
I hereby attest that I am in good health and my physical condition has been verified by a licensed medical doctor and, furthermore the licensed medical doctor has been advised that I intend to participate in these activities.
I hereby expressly grant to MOBILE BAYKEEPER INC and its staff, agents and assigns, the right to photograph me and use my picture, silhouette and other reproductions of my physical likeness (as the same may appear in any still camera photograph and/or motion picture film and/or videotape), in and in connection with the exhibition, theatrically on television or otherwise, of any motion pictures in which the same may be used or incorporated, and also in the advertising, and/or publicizing of any such motion picture, but not limited to television or theatrical motion pictures. I further give the said company the right to reproduce in any manner whatsoever any recording made by said company of my voice and all instrumental, musical or other sound effects produced by me. In addition, I hereby expressly grant Experience Triathlon the right to use my picture, silhouette, other reproductions of my physical likeness, and video on Facebook, Twitter and any other social media or website for the promotion of Experience Triathlon and its programs.
In consideration of being accepted as a fitness client by MOBILE BAYKEEPER INC, I hereby take the following action for myself, my executors, administrators, heirs, next of kin, successors and assigns, or anyone else who might claim or sue on my behalf: (a) I WAIVE, RELEASE, AND DISCHARGE from any and all claims, costs, or liabilities for death, personal injury or damages of any kind, which arise out of or relate to my training, THE FOLLOWING PERSONS OR ENTITIES: MOBILE BAYKEEPER INC, USAT, RaceKrewe; (b) I AGREE NOT TO SUE any of the persons or entities mentioned above for any of the claims, costs or liabilities that I have waived, released or discharged herein; and (c) I INDEMNIFY, DEFEND, and HOLD HARMLESS the persons or entities mentioned above from any claims made or liabilities assessed against them as a result of my actions except those resulting from the willful acts or gross negligence of entities mentioned above.
I agree to abide by the laws of the State of Alabama and to litigate any disputes between myself (the Client) and MOBILE BAYKEEPER INC within the legal jurisdiction of Alabama.
I AFFIRM THAT I HAVE READ THIS DOCUMENT AND UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT BY ACCEPTING THE TERMS OF THIS DOCUMENT I AM WAIVING SIGNIFICANT LEGAL RIGHTS AND AM INCURRING SIGNIFICANT LEGAL LIABILITIES. I HAVE BEEN SPECIFICALLY ADVISED TO CONSULT WITH AN ATTORNEY IF I DO NOT UNDERSTAND ANY PORTION OF THIS RELEASE AND AGREEMENT.