WAIVER, ASSUMPTION OF RISKS, RELEASE AND INDEMNITY AGREEMENT
IMPORTANT NOTICE: This is a legally binding document. Please read carefully before signing. By signing this Release, you are waiving certain legal rights, including the right to sue.
1 PARTIES
This Waiver, Assumption of Risks, Release and Indemnity Agreement (“Release”) is entered into by the undersigned participant (or, where the participant is under the age of 18 (a “Minor”), their parent or legal guardian) (“I” or “my”), in favour of Tryka Fitness Limited, a company incorporated under the laws of Ireland, with its registered office at 132 Lower Baggot Street, Dublin 2 (“Tryka”). This Release forms a material and integral part of the contractual relationship between me and Tryka, and it is expressly agreed that this Release shall bind me, my heirs, next of kin, executors, administrators, assigns and legal representatives.
2 ACKNOWLEDGEMENT OF AUTHORITY
2.1 I warrant that I am legally authorised and competent to execute this Release either on my own behalf or, where applicable, on behalf of the Minor.
2.2 I acknowledge and affirm that I have voluntarily chosen to allow myself and/or the Minor to participate in a fitness competition and associated activities, whether directly or indirectly facilitated by Tryka (collectively referred to as the “Event(s)”).
3 DESCRIPTION OF THE EVENT(S) AND RISKS
3.1 Scope of the Event(s): The Event(s) includes, without limitation, physical exercises, fitness training, strength and endurance workouts, running, competitive challenges, use of exercise equipment, instructional sessions, clinics, training demonstrations, and the general use of Tryka’s premises and equipment. The Event(s) may take place in indoor or outdoor environments and may include scheduled or unscheduled, supervised or unsupervised sessions.
3.2 Acknowledgement of Risks: I understand and expressly acknowledge that participation in the Event carries significant risks, including but not limited to:
3.3 I understand that the above list is not exhaustive and that other risks, both anticipated and unanticipated, may arise during the Event(s).
4 VOLUNTARY ACCEPTANCE AND ASSUMPTION OF RISKS
4.1 confirm that, and have no known medical conditions that would make participation unsafeI represent and warrant that I have been advised to consult with a medical professional regarding my participation in the Event(s) and I I am in good physical and mental health, capable of safely participating in the Event(s). I am solely responsible for determining whether the Event(s) are appropriate for my physical condition and I voluntarily assume all risks, hazards, and dangers associated with participation.
4.2 I further acknowledge that Tryka makes no warranty, express or implied, regarding the safety of the Event(s) and does not and cannot eliminate all risks associated with participation.
5 COMPLIANCE WITH RULES AND CONDUCT
5.1 I agree to: a. carefully review and complete all registration and pre-participation documentation; b. provide full, complete, and accurate information to Tryka at all times; c. comply with all posted rules, instructions, and verbal commands issued by Tryka staff.
5.2 I undertake to: a. abstain from the use of drugs, alcohol or any substance that may impair my judgment; b. behave respectfully toward all participants, staff, and property; c. avoid any form of abusive, discriminatory, or disruptive conduct; d. immediately report any injury or unsafe condition to Tryka staff.
6 RELEASE AND WAIVER OF LIABILITY
6.1 To the fullest extent permitted by applicable law, I irrevocably and unconditionally waive, release, and discharge Tryka, its affiliates, subsidiaries, directors, officers, employees, agents, contractors, sponsors, landlords, and insurers (collectively the “Released Parties”) from any and all claims, demands, liabilities, damages, losses, or causes of action, whether known or unknown, arising out of or in connection with the Event(s), except where such exclusion of liability is prohibited by law.
6.2 This waiver includes, but is not limited to, claims based on: a. Personal injury or death; b. Property damage or theft; c. Negligence or alleged negligence of the Released Parties; d. Emergency or medical response, or lack thereof; e. Any statutory or common law rights, to the extent permitted.
7 INDEMNIFICATION
7.1 I agree to fully defend, indemnify and hold harmless the Released Parties from and against any and all claims, suits, losses, liabilities, damages, costs, and expenses (including legal fees) arising out of or resulting from: a. My own conduct, acts or omissions (or those of the Minor); b. My breach of this Release; c. My participation in the Event(s), including any medical or emergency services sought or rendered.
8 MEDICAL CONSENT AND EXPENSES
8.1 I authorise Tryka and its representatives to obtain emergency medical care or transport as they reasonably deem necessary, after making reasonable attempts to contact my designated emergency contact where circumstances permit.
8.2 I agree to be solely responsible for all medical expenses incurred as a result of participation in the Event(s).
8.3 I consent to the collection, use and sharing of my medical and personal data strictly for treatment, insurance or related administrative purposes in accordance with the General Data Protection Regulation (GDPR) and applicable Irish data protection laws.
9 MINOR PARTICIPANTS
9.1 Where I am signing on behalf of a Minor, I do so as the Minor’s lawful guardian with full legal authority and undertake to indemnify the Released Parties against any loss arising from any lack of such authority.
9.2 I further agree to be bound personally by all provisions herein and to ensure the Minor’s compliance.
10 IMAGE RIGHTS AND PUBLICITY
10.1 I grant Tryka a revocable, non-exclusive, worldwide licence to use, reproduce, edit, publish, and distribute any image, recording, video, or likeness of myself or the Minor in connection with the Event(s) for promotional, informational, or commercial purposes. This consent may be withdrawn at any time by written notice to Tryka, though such withdrawal will not affect any use made prior to receipt of the withdrawal.
10.2 I waive any right to inspect or approve such use, and any right to royalties or other compensation.
11 MISCELLANEOUS
11.1 Independent Contractors: Tryka engages third parties and service providers who are independent contractors and not employees or agents of Tryka. I acknowledge and accept that these contractors are solely responsible for their own acts or omissions, and Tryka shall not be liable for their conduct except where such liability cannot be excluded under Irish law.
11.2 Force Majeure: Tryka shall not be liable for any delay, modification or cancellation of the Event(s) due to causes beyond its control, including weather, pandemic, acts of terrorism, governmental orders, or other force majeure events.
11.3 Assignment: I may not assign this Release without prior written consent. Tryka may freely assign its rights and obligations hereunder.
11.4 Amendment and Precedence: If signed more than once, the latest version signed in person at the Event shall prevail.
11.5 Severability: If any provision is found to be unenforceable, the remaining provisions shall remain valid and enforceable.
11.6 Waiver of Claims: I waive any right to claim punitive, incidental or consequential damages against the Released Parties.
11.7 Binding Effect: This Release shall be binding upon and enforceable against me, my heirs, assigns, legal representatives and next of kin.
11.8 Jurisdiction and Governing Law: This Release shall be governed by and construed in accordance with the laws of Ireland. Any dispute shall be subject to the exclusive jurisdiction of the Irish courts.
11.9 Entire Agreement: This Release, together with Tryka’s Terms & Conditions, constitutes the entire agreement between the parties and supersedes all prior agreements or representations.
12 VOLUNTARY EXECUTION
I confirm that I have had sufficient opportunity to read and review this Release, and I understand and voluntarily accept all of its terms and conditions.