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WAIVER AND RELEASE OF LIABILITY AGREEMENT

MBG Holdings, LLC, DBA First Pick Performance

1513 N 203rd St, Elkhorn, NE 68022

This WAIVER AND RELEASE OF LIABILITY AGREEMENT (the “Agreement”) is made between MBG Holdings, LLC, DBA First Pick Performance (hereinafter, “First Pick Performance”) and the signed individual below (hereinafter, “Client”). The parties to the Agreement mutually agree as follows:

EXPRESS ASSUMPTION OF RISK:  The Client agrees that if he/she engages in any physical exercise or activity, including physical training, or enters First Pick Performance’s facility or uses any equipment on First Pick Performance’s premises for any purpose, the Client does so at his/her own risk and assumes the risk of any and all injury and/or damage the Client may suffer, whether incurred while engaging in physical exercise or not. This includes, but is not limited to, serious injury, damage, or death sustained while and/or resulting from using First Pick Performance’s facility, or using any equipment, whether provided by First Pick Performance or otherwise, including injuries, damages, or death arising out of the negligence of the Client, other participants, any other persons, or any of First Pick Performance’s affiliates, employees, agents, representatives, successors, and assigns. The Client’s assumption of risk includes, but is not limited to, the Clients use of any exercise equipment (mechanical or otherwise), training fields, sidewalks, parking lots, or other general areas and equipment of First Pick Performance’s facility. The Client is aware that any of these above mentioned risks may result in serious injury or death to the Client or other participants.                                                             

The Client willingly assumes full responsibility for the risks that the Client is exposing to him/herself and accepts full responsibility for any injury, damage, or death that may result from the Client’s participation in any activity, class, program, or instruction, including but not limited to weightlifting, walking, jogging, running, or any other sporting or recreational endeavor. The Client agrees that he/she is voluntarily participating in the aforementioned activities and assumes all risk of injury, illness, damage, or loss to the Client or his/her property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of First Pick Performance or otherwise.

EXERCISE MAY BE STRENUOUS. SEE A DOCTOR BEFORE STARTING ANY EXERCISE PROGRAM. Client understands that the activities available at First Pick Performance may involve strenuous physical activity and that a medical check-up is advisable before participating in any fitness program. The Client further understands that neither the owners nor employees of First Pick Performance are medical doctors and, therefore, the Client should see a medical doctor of his/her own choosing before participating in any fitness program. The Client recognizes, appreciates and understands the danger of physical stress, strain or injury (including but not limited to, cardiac arrest, stroke, changes in blood pressure, muscle strains, sprains and ligament and/or tendon damage and other physical problems that may arise) that may result from any activity that requires physical exertion and accepts these risks.                                                                                                                                                          

RELEASE:  In consideration of the above mentioned risks and hazards and in consideration of the fact that the Client is willingly and voluntarily participating in the activities available at First Pick Performance, the undersigned hereby releases First Pick Performance, its principals, agents, affiliates, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with the Clients participation in the above mentioned activities, including those allegedly attributed to the negligent acts or omissions of the above-mentioned parties.

THIS RELEASE IS BINDING ON SUCCESSORS:  This agreement shall be binding upon the Client, his/her successors, representatives, heirs, executors, assigns, or transferees.

NOTICE TO PARENT SIGNING FOR CHILD REGARDING FIRST AID: If the Client’s parent or guardian is signing on behalf of a minor child, the Client’s parent or guardian also gives full permission for any person connected with First Pick Performance, to administer first aid deemed necessary, and in case of serious illness or injury, the Client’s parent or guardian gives permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.

INDEMNIFICATION:  The Client accepts financial responsibility for any injury that the Client may cause either to him/ herself or to any other person or property due to his/her negligence. Should First Pick Performance, its employees, owners, principals, officers, agents, volunteers, or representatives be required to incur attorney’s fees and costs to enforce this agreement, the Client agrees to reimburse them for such fees and costs and further agrees to indemnify and hold harmless First Pick Performance, their employees, owners, principals, officers, agents, volunteers, or representatives from liability for the injury or death of any person(s) and damage to property that may result from the Client’s negligent or intentional act(s) or omission(s) while participating in activities offered by First Pick Performance.

USE OF LIKENESS BY First Pick Performance:  Client releases the use of his/her image and/or likeness for use in video, print, electronic or any other media format known or which may be developed for use in advertising, marketing or other promotion by First Pick Performance.

ACKNOWLEDGMENTS:  The Client expressly agrees that the foregoing Agreement is intended to be as broad and inclusive as permitted by the law in the State of Nebraska and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts.

The Client has read and understands the foregoing assumption of risk and release of liability and the Client understands that by signing this document, the Client is obligated to indemnify the parties named for any liability for injury or death of any person and damage to property caused by Client’s negligent or intentional act or omission. The Client understands that by signing this form the Client is waiving valuable legal rights.

RELEASE AND WAIVER OF LIABILITY IN FAVOR OF FIRST PICK PERFORMANCE

*If under the age of 18, the individual’s legal guardian must also sign below.