RELEASE AND WAIVER
"Train Deep, Inc.", a New York based s-corporation (“TrainDeep”) and Ancient Taoist Practice Society Inc. host health, fitness, tai chi, qigong, cooking, and other physical and social activities inside and outside of its facilities (collectively, the “Program”). As a material inducement and a condition precedent to TrainDeep agreeing to allow the undersigned to participate in whole or in part in the Program, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby agrees and consents to the following terms, conditions and provisions. For the purposes of this release and waiver, references to “I,” “me,” and “my” shall include the participant(s), and if applicable, the parent or legal guardian signing below.
The undersigned acknowledges, agrees and fully understands that there are inherent dangers in connection with the physical activities associated with or that may (voluntarily or involuntarily) take place during the Program (collectively, the “Activities”) and that the risks associated with these Activities may be greater if poor weather or other hazardous conditions due to other participants are experienced during or in connection with the Program.
I hereby certify that I am in good physical condition and have adequate health insurance to cover any injury that I may sustain during or as a result of participating in the Program or any associated Activities.
I, on behalf of me and my spouse, any minor participant listed below, the parent or legal guardian of any minor participant listed below, next of kin, personal representatives, heirs and beneficiaries, hereby agree to forever hold harmless, waive and fully release TrainDeep and its Affiliates (as defined below) as well as TrainDeep’s and the Affiliates’ respective directors, shareholders, members, managers, officers, affiliates, employees, contractors, volunteers, agents, attorneys, insurers and staff (each a “Released Party” and, collectively, the “Released Parties”) from and against any and all liability, losses, damages or claims whatsoever pertaining to my participation in the Program or any related Activities including, without limitation, bodily injury or death and whether or not caused by the negligence or other acts or omissions on the part of any of the Released Parties. As used in this Agreement, “Affiliate” means TrainDeep, Inc, and any person or entity who controls, is controlled by, or is under common control with TrainDeep. I hereby consent to receive medical treatment which may be deemed necessary in the Program of any illness, accident or injury or medical emergency resulting from or in connection with my participation in the Program or any related Activities and I understand that I am solely responsible for all costs related to such medical treatment and/or medical transportation.
I waive my insurers’ right to make a claim against any of the Released Parties based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against any of the Released Parties. Furthermore, I hereby voluntarily agree and covenant not to sue any Released Party and voluntarily waive the rights to pursue any lawsuits or other legal redress against the Released Parties.
I hereby agree, jointly and severally, to pay and reimburse the Released Parties for all costs, damages and expenses that the Released Parties suffer as a result of my failure to abide by the terms of this document including, without limitation, all attorneys’ fees and other costs and expenses incurred by Released Parties in defending any action brought by or on behalf of any of the undersigned or in connection with the Released Parties’ enforcement of this Release and Waiver. This document is governed by the laws of the State of New York without giving effect to its conflicts of law provisions.
IN SIGNING THIS DOCUMENT, THE UNDERSIGNED HEREBY ACKNOWLEDGES AND AGREES THAT THAT HE OR SHE HAS READ THIS DOCUMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS AND HEREBY FREELY AND VOLUNTARILY SIGN THIS DOCUMENT AT THEIR OWN FREE WILL AND ACT. THE UNDERSIGNED FURTHER ACKNOWLEDGES THAT THEY ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS ON BEHALF OF THEMSELVES AND OTHERS, INCLUDING THE RIGHT TO SUE TRAINDEEP, ITS AFFILIATES AND OTHER PERSONS OR ENTITIES.
Released Parties:
Train Deep, Inc.
259 w. 21st #3
NY NY 10011
Ancient Taoist Practice Society
115 W23RD STREET
NY NY 10011
Angelilli Schiff Flamingo LLC
142 Flamingo St.
Atlantic Beach, NY 11509