TO: ThriveWell Cancer Foundation the “Sponsor”
RE: Participation in Activities the “Program”
The individual named below (referred to as “I” or “me”) desires to participate in activities including, but not limited to Yoga, Tai Chi, Strength Training, Zumba, Water Aerobics, Spinning, Meditation, Boot Camp, Nia, Aerobics, CrossFit, Belly Dancing, walking, hiking and/or bicycling, using exercise or other health equipment, for example (the “Activities”) provided or sponsored by ThriveWell Cancer Foundation (the “Foundation”) and/or part of the “Diva&Dude” Program. As lawful consideration for the intangible value that I will gain by participating in the Activities, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE FOUNDATION. I UNDERSTAND THAT I WILL BE FINANCIALLY RESPONSIBLE FOR THE COST OF ANY SUCH CARE, TREATMENT, OR MEDICATION AS A RESULT OF ANY SUCH INJURIES. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE FOUNDATION OR OTHERWISE.
- I represent and affirm that I have conferred with my physician and he or she has approved my participation in physical activity such as the Activities.
- I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Foundation, and its officers, directors, employees, agents, affiliates, shareholders, members, agents, representatives, participants, successors, and assigns (collectively, “Releasees”), on account of injury, death, or property damage arising or to arise by reason of or during my participation and/or involvement in the Activities, whether arising out of the negligence of the Foundation or any Releasees or otherwise. I covenant not to make or bring any such claim against the Foundation or any other Releasee, and forever release and discharge the Foundation and all other Releasees from liability under such claims.
- This Agreement constitutes the sole and entire agreement of the Foundation and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Foundation and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Bexar County, Texas and I hereby consent to the exclusive jurisdiction of such courts.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE FOUNDATION.