Acknowledgement of Risks
The User and/or Parent/Guardian acknowledges that participation in any fitness, athletic, or recreational activity at Iron Vault Athletics ("the Center") involves inherent risks, hazards, and dangers that can result in serious personal injury, illness, property damage, or death. These risks include, but are not limited to: use of weightlifting equipment, resistance machines, cardiovascular machines, and other fitness apparatus. Participation in group fitness classes, including instruction, movement, and intensity. Activities on the turf and half court, including running, jumping, pivoting, and potential collision with objects or other individuals. Accidents, falls, slips, trips, or drops anywhere on the premises, including locker rooms, common areas, and parking areas. Injuries resulting from improper use of equipment, even after receiving instruction. Sudden medical events, including heart attack, stroke, or dizziness, resulting from physical exertion. Exposure to and contraction of infectious diseases, bacteria, or viruses present in the facility.
Voluntary Assumption of risk
Knowing and understanding these risks, the User and/or Parent/Guardian voluntarily and knowingly elects to assume ALL RISKS of injury, illness, or property damage, whether foreseeable or not, arising out of the User's use of the Center's facilities, equipment, services, and participation in its activities.
Release and waiver
In consideration of being permitted to enter and use the Center's facilities and services, the User and/or Parent/Guardian, on behalf of themselves, their heirs, executors, administrators, personal representatives, and assigns, hereby IRREVOCABLY RELEASES, DISCHARGES, INDEMNIFIES, AND HOLDS HARMLESS Iron Vault Athletics, its owners, directors, officers, employees, agents, instructors, and lessors (collectively, the "Released Parties") from any and all claims, demands, or causes of action arising from, related to, or in any way connected with the User's use of the Center, INCLUDING CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. The User acknowledges that this waiver is not intended to release the Center from liability for willful or wanton misconduct or intentional tortious conduct, which cannot be waived under Ohio law.
Medical Authorization
The User certifies that they are in good physical condition and have no medical history or disability that would prevent them from engaging in exercise or would be adversely affected by the activities. In the event of injury, the User authorizes the Released Parties to obtain necessary emergency medical treatment and agrees to be solely responsible for the payment of any medical expenses incurred.
Personal Property
The User acknowledges and agrees that the Center is not responsible for the theft, loss, or damage of any personal property, including items left in lockers, common areas, or anywhere else on the premises.
Photo, Video, Marketing, and Communication Consent
The User and/or Parent/Guardian agrees to the following provisions regarding media use and communication:
A. Grant of Rights (Media): The Participant (and/or Parent/Guardian on behalf of the minor User) hereby grants to Iron Vault Athletics, and its designees, the irrevocable, perpetual, worldwide, royalty-free right and license to photograph, film, videotape, record, and otherwise capture the participant's image, likeness, voice, and performance while on Center premises or during Center-sponsored events (collectively, "Media").
B. Promotional Use: The Center shall have the unrestricted right to use, reproduce, modify, distribute, and display the Media for promotional, marketing, advertising, internal training, and publicity purposes relating to the Center's services, activities, or facilities, without any compensation or further approval. This includes, but is not limited to, use in print publications, brochures, websites, social media platforms (e.g., Instagram, Facebook, YouTube), and television advertisements.
C. Release of Claims: The User forever releases and discharges the Center and its agents from any and all claims, demands, or causes of action (including but not limited to, claims for invasion of privacy, publicity, or defamation) arising out of the use of the Media.
D. Communication Consent: The User explicitly agrees to allow Iron Vault Athletics to contact them via email and text message/SMS, regarding news, facility updates, promotions, and changes related to Iron Vault Athletics. Standard messaging and data rates may apply.
E. Privacy Assurance: Iron Vault Athletics confirms that it will not sell or lease the User's personal contact information to third parties.
F. Withdrawal of Consent: The User may withdraw the consent granted in Section A (Grant of Rights) at any time by completing and submitting a separate Photo/Video Withdrawal of Consent Form to the Center's management. However, the User understands that media captured and published prior to the effective date of the withdrawal cannot be reasonably recalled or removed from publication.
aGREEMENT FOR mINOR uSE
I, the undersigned Parent or Legal Guardian, am signing this Agreement on behalf of the minor User(s) listed in Section 1 and agree to the following:
- I am the natural parent or legal guardian of the minor User(s) listed below
- I have read and understand the terms of this Liability Waiver and Release of Liability.
- I agree that the minor User(s) and I are bound by the terms of this Agreement and all Center rules and policies.
- I fully release, waive, and discharge the Released Parties from any and all liability related to the minor User's use of the facility and participation in activities, including claims based on ordinary negligence.