STRENGTH AND WELLNESS COLLECTIVE (SWC)
MINOR PARTICIPATION, ASSUMPTION OF RISK, RELEASE, INDEMNITY, AND ARBITRATION AGREEMENT
(TO BE SIGNED BY A PARENT OR LEGAL GUARDIAN)
PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS AND YOUR CHILD'S RIGHTS. BY SIGNING, YOU ARE WAIVING CERTAIN LEGAL CLAIMS ON BEHALF OF YOURSELF AND YOUR CHILD.
1. Parties and Covered Activities
This agreement is between the undersigned parent or legal guardian ("I"), signing for myself and for the minor child named below ("my child"), and Strength and Wellness Collective LLC (SWC), including its owners, members, managers, employees, instructors, independent contractors, tenants who provide services on site, volunteers, agents, insurers, successors, and affiliates. Covered activities include all use of SWC premises, equipment, and services by my child, and any classes, training, workshops, events, and online or off-site sessions my child attends, including youth athletic training (speed, agility, and coordination), Lagree, strength training, boxing, stretching, yoga, and recovery.
I represent that I am the parent or legal guardian of my child, that I have the legal authority to sign this agreement for my child, and that I have explained the rules and risks in this agreement to my child.
2. Health Status and Medical Clearance
I represent that my child is physically able to participate safely. My child will not participate if a physician has advised against it. I will tell SWC about any medical condition, injury, or limitation that may affect my child's participation. I understand SWC does not provide medical advice, diagnosis, or treatment, and that I am solely responsible for health decisions for my child.
3. Rules, Instructions, and Personal Conduct
My child will follow all posted rules and instructor directions. My child will use equipment only as instructed, will not participate while impaired by alcohol, drugs, or medication, and will immediately report hazards, malfunctioning equipment, or injury to an instructor.
4. ASSUMPTION OF RISK
I understand that fitness and athletic activities involve inherent and other risks, including slips and falls, equipment failure, improper use of equipment, collisions, overexertion, dehydration, strains, sprains, tears, fractures, dislocations, rhabdomyolysis, and in rare cases, serious injury or death.
FOR MYSELF AND FOR MY CHILD, I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, ASSOCIATED WITH MY CHILD'S PARTICIPATION, INCLUDING RISKS ARISING FROM THE ORDINARY NEGLIGENCE OF SWC OR ANY RELEASED PARTY.
5. RELEASE AND WAIVER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY NORTH CAROLINA LAW, FOR MYSELF AND FOR MY CHILD, I RELEASE, WAIVE, DISCHARGE, AND HOLD HARMLESS SWC AND ALL RELEASED PARTIES FROM ANY AND ALL CLAIMS AND LIABILITY FOR PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO MY CHILD'S PARTICIPATION IN THE COVERED ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF SWC OR OTHERWISE.
This waiver does not cover gross negligence, willful or wanton misconduct, or intentional harm, which cannot be waived under NC law.
6. Covenant Not To Sue and Indemnity
I will not sue SWC or the released parties, for myself or on behalf of my child, for any claim covered by this agreement. I agree to defend, indemnify, and hold harmless SWC and the released parties from any claim, demand, or cost, including attorneys' fees, brought by me, by my child, by anyone acting on my child's behalf, or by any third party, arising from my child's participation, a breach of this agreement, or my child's violation of rules or instructions.
7. Property and Valuables
I understand SWC is not responsible for loss, theft, or damage to personal property that my child or I bring to SWC locations or events.
8. Emergency Care Consent
If my child is injured or becomes ill, I authorize SWC to obtain emergency medical care and transportation for my child. I am responsible for any related costs. SWC does not assume a duty to provide medical care.
9. Media Consent
I consent to SWC capturing and using my child's image, voice, or likeness for marketing, education, and promotional purposes in any medium, without compensation. I may revoke this consent prospectively by written notice, understanding revocation does not apply to materials already produced.
10. Communicable Diseases
I understand that participation may expose my child to viruses or illnesses, including COVID-19. I assume these risks for myself and for my child, and my child will follow SWC health and hygiene rules.
11. Arbitration, Class Action Waiver, Venue, and Governing Law
a. Any dispute arising out of or related to this agreement or my child's participation, whether brought by me or on behalf of my child, shall be resolved by binding arbitration administered by JAMS under its consumer rules. The Federal Arbitration Act applies.
b. FOR MYSELF AND FOR MY CHILD, I WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
c. Claims that qualify for small claims court may be brought there.
d. North Carolina law governs, without regard to conflict rules, and venue for any non-arbitrated court proceeding is Mecklenburg County, NC.
12. Severability and Interpretation
If any part of this agreement is held unenforceable, the rest remains in effect. This agreement shall be construed to the fullest extent allowed to provide protection for ordinary negligence, consistent with NC law.
13. Entire Agreement and Consideration
This is the entire agreement regarding liability and risk. My child's access to SWC facilities and activities is the consideration for this agreement. I am not relying on any statement not contained here.
ACKNOWLEDGMENT AND AGREEMENT
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT IN FULL, INCLUDING THE ASSUMPTION OF RISK AND RELEASE OF LIABILITY SECTIONS ABOVE. I UNDERSTAND THAT I AM GIVING UP LEGAL RIGHTS FOR MYSELF AND FOR MY CHILD, INCLUDING THE RIGHT TO SUE SWC FOR ORDINARY NEGLIGENCE. I AM THE PARENT OR LEGAL GUARDIAN OF THE CHILD NAMED BELOW. I SIGN FREELY AND VOLUNTARILY.
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