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Consent* Athlete Waiver
Kronis Academy Waiver PARTICIPATION AGREEMENT This PARTICIPATION AGREEMENT (this “Agreement”) is by and between Kronis an Ohio Limited Liability Company, John Congrovr and the undersigned individual (“Participant”). Participant desires to participate in various exercise classes and/or activities, including but not limited to Kronis Academy goalkeeper development training, camp, and other activities offered and/or presented by Kronis Academy, John Congrove or its subsidiaries and/or affiliates (the “Activities”). Kronis Academy would not allow Participant to participate in the Activities without signing this Agreement. For good and valuable consideration, the sufficiency of which the parties hereby acknowledge, the parties agree as follows: 1. Participant recognizes that the Activities might be strenuous and hazardous, and that there are risks associated with the Activities and use of the facilities of Kronis Academy, such as physical injury (such as musculoskeletal damage, paralysis, rhabdomyolysis, cardio-respiratory damage, stroke, fainting, myocardial infarction, or other medical condition), death and/or property damage (“Losses”). Participant recognizes that these and similar risks of Losses are inherent in his/her participation in the Activities. The Losses referred to in this Agreement also include, without limitation, injuries which may occur as a result of (a) any malfunction or break of equipment; (b) any slip, fall, dropping of equipment; (c) negligent instruction or supervision of John Congrove or Kronis Academy, and (d) negligence, recklessness or willful conduct of any third person besides John Congrove or the Kronis Academy, including other participants. Participant represents that he/she has made a voluntary choice to participate in the Activities with a conscious knowledge of the risks that they present. Participant agrees to use AS IS the equipment and facilities of Kronis Academy. 2. As a subscriber to the Activities, Participant has agreed to allow Kronis Academy to make debits from Participant’s credit or debit card to cover any facility damages. 3. Participant acknowledges that it is his/her responsibility to consult with a physician prior to and regarding participation in the Activities. Participant hereby represents and warrants that he/she has no medical condition that would prevent his/her participation in the Activities. Participant represents to Kronis Academy that there are no medical problems or restrictions he/she has that would increase his/her risk of illness or injury from participating in the Activities, and acknowledges that Kronis Academy would refuse to enter into this Participation Agreement if such condition existed. 4. Participant hereby gives full permission for John Congrove or Kronis Academy to administer first aid deemed necessary, and in case of serious illness or injury, gives permission to call for medical and or surgical care for the Participant and to transport Participant to an appropriate medical facility. Participant acknowledges that injuries may be compounded by negligent first aid or emergency response by John Congrove or Kronis Academy or any one or more of its affiliates, subsidiaries, members, officers, directors, sponsors, employees, contractors, agents, administrators, members, heirs, successors and/or assigns (collectively, the “Kronis Academy Parties”), and such injuries and damages shall be considered released under this Agreement. 5. PARTICIPANT HEREBY ASSUMES ANY AND ALL RISKS, CONDITIONS AND HAZARDS WHICH MAY OCCUR WHETHER IN CONNECTION WITH THE ACTIVITIES AND/ OR USE OF Kronis Academy FACILITIES, WHETHER THEY NOW BE KNOWN OR UNKNOWN. 6. Participant agrees to accept and abide by all rules and regulations of Kronis Academy, as well as all obligations that may be imposed by any applicable laws, rules and regulations of the State of Ohio. 7. PARTICIPANT HEREBY KNOWINGLY, VOLUNTARILY AND EXPRESSLY RELEASES, FOREVER DISCHARGES AND WAIVES ANY CLAIM PARTICIPANT OR HIS/HER SUCCESSOR MAY HAVE AGAINST ANY ONE OR MORE OF THE KRONIS ACADEMY PARTIES FOR ANY AND ALL LOSSES, DAMAGES, INJURIES, COSTS, LAWSUITS, CLAIMS, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING IN CONNECTION WITH THE ACTIVITIES OR ANY LOSSES. PARTICIPANT AGREES AND COVENANTS NOT TO BRING SUIT RELATING TO ANY CLAIM RELEASED HEREIN, THE ACTIVITIES, OR ANY LOSSES. 8. PARTICIPANT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS JOHN CONGROVE OR THE KRONIS ACADEMY PARTIES FROM ANY AND ALL MANNER OF ACTIONS, SUITS, DEBTS, ACCOUNTS, DAMAGES, JUDGMENTS, REASONABLE ATTORNEYS’ FEES, COURT COSTS, EXECUTIONS, CLAIMS, OR DEMANDS WHATSOEVER IN LAW OR EQUITY, OR OTHERWISE, WHICH PARTICIPANT AND/OR PARTICIPANT’S HEIRS, EXECUTORS, OR ADMINISTRATORS HEREAFTER CAN, SHALL OR MAY HAVE, FOR, UPON OR BY REASON OF ANY LOSSES, THE ACTIVITIES, AND/OR PARTICIPANT’S BREACH OF ANY REPRESENTATION OR COVENANT CONTAINED IN THIS AGREEMENT. 9. Participant agrees that all of Participant’s personal property used in the Activities or brought to the Kronis Academy facilities is at the sole risk of the Participant as to its theft, damage, or loss. Participant shall indemnify the Kronis Academy Parties to any Losses occurring with respect to a guest of Participant. 10. Participant represents that he/she is over eighteen years of age, and competent to contract in his/her own name, or that he/she is the parent or legal guardian of the minor on whose behalf Participant signs this Agreement (“Guardian”). Any waiver or covenant contained herein shall be deemed made by Guardian if a court of competent jurisdiction finds that such provision is not enforceable against Participant. 11. Participant agrees not to teach or reproduce any of the exercises, movements, or class from Kronis Academy, and Participant further consents to injunctive relief in the event of breach of this provision. 12. Participant agrees to allow Kronis Academy a license for the use of Participant’s likeness in pictures and video for promotional or marketing purposes. 13. This Agreement shall be governed by the laws of the State of Ohio. Every controversy or claim arising out of or relating to this Agreement shall be exclusively referred to and finally resolved by arbitration administrated by American Arbitration Association, and the parties agree to keep all facts and documents pertaining to such proceedings strictly confidential, except to such party’s advisers. The terms and conditions contained in this Agreement are intended to be as broad and inclusive as is permitted by the laws of Ohio. Any provision or portion of this Agreement to be found invalid by a court of competent jurisdiction shall be invalid only with respect to such provision or portion, and shall be expanded judicially to its maximum effect in accordance with the intent of the parties as set forth herein. 14. Each and every covenant, term, provision and agreement herein contained in this Agreement shall be binding upon and inure to the benefit of the successors, heirs, and assigns of the respective parties hereto. Without limiting the generality of the previous sentence, Participant acknowledges and agrees that his/her spouse, guardians, heirs, and executors are bound by all releases and indemnity covenants contained herein. 15. All information and material of a personal or private nature that is acquired directly or indirectly from Participant including but not limited to, answers to tests or questionnaires, photographs, or background information, shall be returned by Kronis Academy to Participant by regular mail within thirty days after the expiration of the Agreement or after the expiration for any reason of the service to be rendered by Kronis Academy. 16. If by reason of death or disability, Participant is unable to receive benefits from Kronis Academy services, this Agreement shall be proportionally divided by all of the days in which the facility was made available to Participant as part of the contract offering, and Participant shall be liable for payments only for that portion of the contract that can be attributed to the period prior to Participant’s actual death or disability, exclusive of any period of time in which the facility was made available to Participant free of charge as part of the contract offering, and Kronis Academy, within thirty days after receiving notice of the death or disability, shall return to Participant or his/her representative the amount paid in excess of the proportional amount. 17. If Participant relocates twenty-five miles or more from the facility operated by Kronis Academy or a substantially similar facility that would accept Kronis Academy obligation under this Agreement, and if Participant gives Kronis Academy written notice that he/she intends to relocate and requests that this Agreement be terminated, the Agreement shall be proportionally divided by all of the days in which the facility was made available to Participant as part of the contract offering, and Participant shall be liable for payments for only that portion of the contract that can be attributed to the period prior to Participant’s actual relocation, exclusive of any period of time in which the facility was made available to Participant free of charge as part of the contract offering, provided, that Kronis Academy may require and verify reasonable evidence of relocation, and Kronis Academy shall return to the Participant the amount paid in excess of the proportional amount. 18. Participant acknowledges that he/she has received a paper copy of a document titled “Notice of Cancellation of Participation Agreement,” which is also attached to this Agreement, and further acknowledges that John Congrove or Kronis Academy has orally explained that Participant may cancel this Agreement for any reason at any time before midnight of the third business day on which Participant receives its first service under this Agreement, and that upon such termination, Kronis Academy shall issue a refund equal to all money Participant has paid, less a reasonable expense fee not exceeding $10 (provided that the first service has been rendered). IN WITNESS WHEREOF, the parties have executed this Participation Agreement as of the date written below. I UNDERSTAND THAT SIGNING THIS AGREEMENT MAY AFFECT MY OR MY SUCCESSOR’S LEGAL CLAIMS, DAMAGES AND/OR EQUITABLE RELIEF IN THE EVENT OF MY DEATH OR INJURY OR DAMAGE TO ME OR MY PERSONAL PROPERTY. JOHN CONGROVR - KRONIS ACADEMY - 5170 HUDSON DR HUDSON, OH 44236