Abbate Hero WOD Waiver
Waiver of Liability and Hold Harmless Agreement
Patrol Base Abbate.
PB Abbate HERO WOD
December 3, 2022
By signing this agreement below I acknowledge that I have read this agreement in it’s entirety.
This form consists of a waiver of liability and release for all participants who partake in Patrol Base Abbate’s PB Abbate HERO WOD. The PB Abbate HERO WOD is named after Sergeant Matthew Abbate in which Patrol Base Abbate is named after.
1. Acceptance of Inherent Risks - The PB Abbate Work out of the Day (WOD) is a high intensity fitness competition that carries inherent risks. You (herinafter referred to as “Participant”) are aware that there are significant risks involved in any physical fitness competition. These risks include, but are not limited to: falls which can result in serious injury or death, injury or death due to negligence on the part of myself, Participants competition partner, or other people around Participant, injury or death due to improper use or failure of equipment. Injury may also result simply from the fact of physical competition itself. By its very nature, physical competition seeks to have Participant push beyond their limits in order to produce a physical adaptation by their body. This requires feedback from Participant to the staff regarding what is happening with their body. Excessive work can result (in rare cases) in exertional rhabdomyolysis. Participant should look for signs of excessive soreness, darkened urine, and pain in the kidney areas in the days following a particularly intense workouts. Participant is aware that any of these above mentioned risks may result in serious injury or death to Participant and/or their partner(s). It is Participants responsibility to inform the staff what their physical capabilities are and to avoid injury if Participant is unable to safely participate in this high intensity fitness competition.
2. Waiver of Liability and Release. Participant does hereby release and forever discharge Patrol Base Abbate and its agents, owners, officers, volunteers, participants, employees, sponsors, and all other persons or entities acting in any capacity on its behalf, as well as its successor and assigns (herinafter referred to just as “PB Abbate”) from any and all liability, claims, and causes in action, which arise or may hereafter arise or are in any way connected to Participant’s involvement in this event. Participant understands that this Agreement discharges PB Abbate from any liability or claim that the Participant may have against PB Abbate with respect to any bodily injury, personal injury, illness, death, or property damage that may result from Participant’s involvement in this event, whether caused by the negligence of PB Abbate, or otherwise. Participant also understands that PB Abbate does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness.
Participant agrees not to initiate or join any lawsuit or other court action against PB Abbate, including any claim for monetary damages. Participant acknowledges and agrees that Participant is entering a covenant not to sue PB Abbate in any capacity, including to hold PB Abbate liable for any injury, loss, or damage sustained to Participant or Participant’s property, even if it is due to PB Abbate’s negligence or omission. Participant also waives the right of any of Participant’s insurers to make any such claim.
Participant has been advised of the Participant’s right to consult with an attorney of Participant’s choosing in regard to this waiver of liability and hold harmless agreement.
Participant understands and acknowledges that the Activities in which Participant will voluntarily engage in bear certain known inherent risks that contribute to the unique character of these Activities, and that PB Abbate cannot eliminate, alter, or control these inherent risks. These risks include those inherent in general fitness and high intensity tactical training activities.
3. Indemnification and Hold Harmless. Participant hereby agrees to defend, indemnify, and hold harmless PB Abbate from any liability, claims, and causes in action, which are in any way connected to Participant’s involvement in this event, or use of PB Abbate facilities or equipment, including any such claims which allege negligent acts or omissions of PB Abbate.
4. Medical Care. Participant does hereby release and forever discharge PB Abbate from any liability, claims, and causes in action that arise or may hereafter arise on account of any first aid, treatment, or service rendered or not rendered in connection with the Participant’s involvement in this event. Participant also agrees to treatment or decisions made by PB Abbate staff in regards to Participant’s medical care if an emergency occurs or in the case of incapacitation.
5. Certification and Assumption of Risk. Participant hereby certifies that Participant is physically fit, has trained sufficiently for participation in this event and has not been advised otherwise by a qualified medical person. Participant agrees that PB Abbate is not qualified to evaluate Participant or Participant’s fitness for involvement in this event. Participant must determine if he or she is sufficiently fit to participate. Participant understands and is aware that Participant’s participation in this event involves risks. These risks may lead to tangible or intangible harm, and Participant agrees that they may result not only from Participant’s own actions but also from the actions of others. With the knowledge and understanding of these risks, Participant hereby expressly and specifically assumes the risk of injury or harm in the Participant’s involvement in this event, including, but not limited to all risks. Participant is also aware that there are risks that Participant may not have considered, yet Participant waives Participant’s right to any claims that may occur from these unconsidered risks. Participant agrees that Participant’s involvement in this event is purely voluntary, and Participant elects to participate in the event, of Participant’s own will and volition, in spite of the risks.
6. Personal Property. Participant acknowledges and agrees that Participant is responsible for Participant’s equipment and all personal property during the event and that PB Abbate is not responsible in any way for such property whether it is lost, stolen or damaged.
7. Name Usage and Photographic Release. Participant does hereby grant and convey unto PB Abbate all right, title and interest in any and all photographic images, video or audio recordings made by PB Abbate during the event, including but not limited to royalties, proceeds, or other benefits derived. Participant authorizes the use of any photos, films, or sketches of the Participant taken during or related to the event for publicity, advertising, marketing, promotion or other commercial or legitimate purpose. Participant does hereby grant and convey unto PB Abbate all right, title, and interest in using participant names and images for any commercial or legitimate purpose to include donor relations material and social media content.
8. Interpretation and Governing Law. This document shall be construed broadly to provide a release and waiver to the maximum extent permitted under the laws of the state of California. If any portion of this document shall be held as invalid it is agreed that the balance shall continue to be in full force and effect. This document shall be governed by the laws of the State of California. Venue for any legal action shall be in the state or federal courts of California as applicable.
9. Representation. Participant certifies that Participant, , is over 18 (eighteen) years of age, and is emotionally, medically, and physically able to participate in the Workout.
10. By clicking this box and signing this document I acknowledge that I have read this agreement in its entirety and I fully understand the inherent risks and my waiver of liability. If I do not understand this agreement in it’s entirety I understand I have the right to consult an attorney prior to signing this document.