UFC
Gym Challenge 2015
WAIVER OF LIABILITY AND HOLD
HARMLESS AGREEMENT
1.
In consideration for receiving permission to participate in the UFC
Gym Challenge 2015, I hereby release, waive, discharge, and covenant not
to sue Ultimate Fighting Championship® (“UFC”), its parent company, Zuffa,
LLC, or its respective directors, managers, officers, agents, employees,
affiliates, successors and assigns (hereinafter referred to as “RELEASEES”)
from any and all liability, claims, demands, actions, and causes of action
whatsoever arising out of or related to the UFC Gym Challenge, including
without limit any loss, damage, or injury, including death, that may be
sustained by me, or to any property belonging to me, while participating in the
UFC Gym Challenge (the “ACTIVITIES”) while in, on or upon the premises where the ACTIVITIES are
being conducted, regardless of whether such loss is caused by the negligence
of the RELEASEES, or otherwise and regardless of whether such liability
arises in tort, contract, strict liability, or otherwise, to the fullest extent
allowed by law.
2.
I am fully aware of the risks and hazards connected with the ACTIVITIES
of UFC Gym Challenge 2015, including
without limit running, lifting heavy objects, and other strenuous athletic
activities, and I am aware that such ACTIVITIES include the risk of injury and
even death, and I hereby elect to voluntarily participate in said ACTIVITIES,
knowing that the ACTIVITIES may be hazardous to my property and me. I understand that RELEASEES do not require me
to participate in the ACTIVITIES. I
voluntarily assume full responsibility for any risks of loss, property damage,
or personal injury, including death, that may be sustained by me, or any loss
or damage to property owned by me, as a result of being engaged in the ACTIVITIES,
whether caused by the negligence of RELEASEES or otherwise, to the
fullest extent allowed by law.
3.
I further hereby agree to indemnify, defend, and hold harmless the
RELEASEES from any loss, liability, damage, or costs, including court costs
and attorneys' fees that RELEASEES may incur due to my participation in said ACTIVITIES,
whether caused by negligence of RELEASEES or otherwise, to the fullest
extent allowed by law.
4. I hereby covenant and agree that I
shall not at any time hereafter commence, maintain, prosecute, participate in,
or permit to be filed by any other person on my behalf, any action, suit,
complaint or proceeding of any kind, based in law or equity, before any court,
administrative body, or other tribunal (whether governmental, self-regulatory
or otherwise) against any of the RELEASEES with respect to any actual or
alleged act, omission, transaction, practice, conduct or occurrence related to the
UFC Gym Challenge, the ACTIVITIES or the RELEASEES.
5.
It is my express intent that this Waiver of Liability and Hold Harmless
Agreement shall bind the members of my family and spouse, if I am alive, and my
heirs, assigns and personal representative, if I am deceased, and shall be
deemed as a release, waiver, discharge, and covenant not to sue the RELEASEES. I hereby further agree that this agreement
shall be governed by the laws of Nevada, that any mediation, suit, or other
proceeding related hereto or to the ACTIVITIES must be filed only in the federal
or state courts of Clark County, Nevada, and I accept the jurisdiction of the
federal or state courts of Clark County, Nevada for all such proceedings. Any
portion of this document deemed unlawful or unenforceable is severable and
shall be stricken without any effect on the enforceability of the remaining
provisions.
IN
SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the
foregoing Wavier of Liability and Hold Harmless Agreement, understand it and
sign it voluntarily as my own free act and deed; no oral representations,
statements, or inducements, apart from the foregoing written agreement, have
been made; I am at least eighteen (18) years of age and fully competent; and I
execute this Agreement for full, adequate and complete consideration fully
intending to be bound by same.
I HEREBY CERTIFY that
I have personal health insurance with the following carrier: ____________________. Group No. _________________. Primary insured: _________________. Effective Date: ________________________.
I have signed this Waiver of Liability
and Hold Harmless Agreement on this ___ day of ______, 2015.
PARTICIPANT: WITNESS:
_________________________________________________ ______________________________________________________
