I (“Participant”), or as parent/legal guardian on behalf of minor Participant, acknowledge and agree as follows:

IN CONSIDERATION of being permitted to participate in any way in activities or events, including but not limited to participation as a student, member, registrant, or contestant in various fitness classes (collectively the “Activities”) provided or sponsored by, or offered in affiliation with, Kathrine Walker dba ELEVATED Strength and Conditioning (“ELEVATED”), I hereby certify as follows:

1. I ACKNOWLEDGE, agree, and represent that:
1. I am a voluntary participant in the Activities;
2. I am fully aware of and understand the inherent dangers in participating in the Activities in which I am requesting to participate, and of the basic safety rules and procedures associated therewith;
3. I acknowledge and assume all risks that, as a participant in the Activities, I will be engaging in acts that may, individually or collectively, result in injury;
4. I am qualified, in good health, and in proper physical and mental condition to participate in such Activities, have no known health restrictions that might jeopardize my safety or health or the safety or health of others while participating in the Activities, have not been advised by any doctor, coach, or trainer not to participate in the Activities for any medical or other reason, and any medical consent or release to participate in the Activities is solely my responsibility to attain;
5. It is solely my responsibility to communicate any physical, mental or medical conditions that may affect my participation in the Activities that I am participating in;
   
6. ELEVATED cannot guarantee my safety in connection with the Activities, and ELEVATED will not be responsible for my safety or serve as a guardian of my safety;
7. I am responsible for researching and evaluating the risks I may face and am responsible for my own actions while participating in any of the Activities;
8. If at any time I believe the conditions of the Activities to be unsafe, I will immediately discontinue further participation in the Activities;
   
9. I will not engage in inappropriate conduct, including but not limited to the use of physical force or verbal abuse, or abuse of the customs or mores of the community, and will adhere at all times to any and all policies, rules, regulations, or codes of conduct adopted or communicated by ELEVATED; and
10. ELEVATED, in its sole discretion, may terminate my participation in any of the Activities at any time, including during the event or activity, if I engage in inappropriate conduct or my behavior is deemed detrimental to the best interest of the activity or event, or due to health or safety considerations. Such termination shall not diminish or otherwise alter my obligation to make any payment required for the Activities, nor shall ELEVATED be required to make any refund.
    
2. I FULLY UNDERSTAND that: (a) THE ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND/OR DEATH (“Risks”); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activities, the conditions or facilities in which the Activities take place, and/or THE ACTIONS OR INACTIONS OR OTHER NEGLIGENCE OF THE RELEASEES NAMED BELOW; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time, including but not limited to injury, damages, or losses related to traffic accidents, assault, theft, dangerous conditions or property, or otherwise, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I may incur as a result of my participation in one or more of the Activities.
3. I ACKNOWLEDGE AND AGREE that ELEVATED, as well as its respective owners, administrators, directors, agents, officers, members, volunteers, employees, other participants or students, coaches, and, if applicable, owners and lessors of premises at or on which the Activities take place (each a “RELEASEE” and collectively the “RELEASEES”), MAY NOT BE HELD LIABLE IN ANY WAY FOR ANY OCCURRENCE OR EVENT IN CONNECTION WITH THE ACTIVITIES WHICH MAY RESULT IN INJURY, DEATH, OR OTHER DAMAGES TO ME OR ANY MEMBER OF MY FAMILY. ACCORDINGLY, I HEREBY RELEASE EACH OF THE RELEASEES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, INJURIES OR DAMAGES CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR OTHER ACTIONS OR INACTIONS OF A RELEASEE IN CONJUNCTION WITH OR IN AY WAY RELATED TO THE ACTIVITIES, INCLUDING BUT NOT LIMITED TO INJURIES OR DAMAGES RESULTING FROM NEGLIGENT FIRST AID, MEDICAL CARE, OR RESCUE OPERATIONS.
4. I FURTHER ACKNOWLEDGE AND AGREE that the Releasees assume no responsibility for any damages, losses, or other liability for any injury or other loss that may be caused by my own negligence or willful acts committed prior to, during or after participation in any of the Activities;
5. I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes any claim or demand against any of the RELEASEES, I WILL DEFEND, INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or any other cost which any may incur as a result of such claim or demand.
6. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. The venue for any action arising out of the Agreement shall be the County of Placer, State of California.

BY ACCEPTING THE TERMS AND CONDITIONS, I CERTIFY THAT I AM 18 YEARS OF AGE OR OLDER, HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS BY ACCEPTING THIS AGREEMENT, HAVE ACCEPTED THESE TERMS VOLUNTARILY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE SHALL CONTINUE IN FORCE AND EFFECT.

ALTERNATIVELY –

IF THE PARTICIPANT IS A MINOR UNDER THE AGE OF 18 THEN, BY ACCEPTING THESE TERMS AND CONDITIONS, I CERIFY THAT I, THE MINOR'S PARENT AND/OR LEGAL GUARDIAN, HAVE READ AND UNDERSTAND THE ABOVE RELEASE, AND AGREE AND CONSENT TO ITS TERMS ON BEHALF OF MINOR.

I UNDERSTAND THE NATURE OF THE ACTIVITIES AND THE MINOR'S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITIES.

I ASSUME THE RISK ON BEHALF OF MINOR THAT THE ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND/OR DEATH, AND OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES.

I HERBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES TO MINOR OR ANY MEMBER’S OF MINOR’S FAMILY CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR OTHER ACTIONS OR INACTIONS OF A RELEASEE IN CONJUNCTION WITH OR IN ANY WAY RELATED TO THE ACTIVITIES.

I FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR'S BEHALF MAKES A CLAIM OR DEMAND AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSSES, LIABILITY, DAMAGE, OR ANY COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.