THIS AGREEMENT RESULTS IN YOU WAIVING RIGHTS AND POTENTIAL RIGHTS, WHETHER ON YOUR OWN BEHALF AND/OR
ON BEHALF OF SOMEONE FOR WHOM YOU ARE AUTHORIZED TO MAKE SUCH DECISIONS AND AGREEMENTS. THE
PERSON WHOSE RIGHTS ARE BEING WAIVED AND RELEASED IS THE “RELEASEE”. YOU SHOULD NOT EXECUTE THIS
AGREEMENT UNTIL AND UNLESS YOU COMPLETELY UNDERSTAND IT AND UNRESERVEDLY AND IRREVOCABLY CONSENT
TO IT. THIS AGREEMENT IS LEGALLY BINDING.
Good Judgment and Good Conduct by Releasee. Releasee warrants and represents that Releasee is capable of using and
shall use good judgment with regard to Releasee’s conduct and Releasee’s participation in activities, either in person or
online (the “Activities”) and/or Child Watch services (the “Child Services”) at or through Lambanada LLC, an Alabama limited
liability company (the “Company”). Most of the Activities shall involve some level of physical exertion, sometimes significant
physical exertion, and Releasee must and shall decide to participate in Activities only if and to the extent Releasee can
reasonably participate and is comfortable doing so. Releasee promises to not participate in Activities, either in person or
online, or Services if Releasee is uncomfortable or unsure regarding the safety or appropriateness of participating. Releasee
will otherwise act in a manner which is respectful and safe toward others during and relating to Activities and Services at or
via the Company and when participating in or being present at any in person or online Company sponsored, organized, or
affiliated event or program and when on property owned or controlled by Company.
Appropriate and Sufficient Health, Medical, Physical, Mental, and Emotional Condition. Releasee warrants and represents
that Releasee is in appropriate and sufficient good health and medical, physical, mental, and emotional condition to
participate in the Activities, whether in person or online, that Releasee will be participating in at or though the Company
and that Releasee has no problems or issues which would endanger Releasee or others due to such participation. Releasee
further warrants and represents that Releasee will not utilize the Child Services except when the child to be cared for is in
good health, does not require any medications to be provided while the Services are being utilized, and does not pose an
elevated risk toward others, including other children.
Informed Consent and Assumption of Risk. Participating in Activities at or through the Company, either in person or online,
will by the very nature of said Activities lead to a certain level of physical exertion and physical activity. By participating in
Activities through online streaming or online replay, Releasee acknowledges that Releasee is participating in Activities in
areas that may be new and unfamiliar to Releasee, have not been inspected or approved by the Company as suitable for
any purpose, and Releasee may be unable to safely perform the Activities. Additionally, by participating in Activities through
online streaming or online replay, Releasee acknowledges and agrees that the Company and its employees cannot effectively
provide preventative or corrective instruction or injury intervention in the event of a healthcare emergency. Further,
participating in Activities through online streaming or similar online delivery methods may allow, either through authorized
or unauthorized access to the Releasee’s or the Company’s video and audio files or streams, the Company, its employees,
other participants in the Activities, or other third parties to view, hear, or otherwise observe video, still images, or audio of
Releasee and anyone else captured in video or audio recordings or streams of Releasee. Likewise, participating in Activities
through online streaming or a similar online delivery method may allow other Activity participants or third parties to
message, comment, or otherwise communicate with Releasee. Releasee acknowledges that the Company is not responsible
for any damages Releasee suffers as a result of any message, comment, or other communication by an Activity participant
or other third party. Releasee is only participating after giving informed consent, including by way of this Agreement. By
volunteering to participate in the Activities, either in person or online, Releasee assumes the risk of any negative
consequences which may reasonably result from the Activities, including as a result of actions or inactions by the Company,
by other activity participants, or by third parties. If Releasee is not aware of the risks which may come by participating in the
Activities, Releasee should not participate until and unless Releasee has sought and received a physical assessment from the
Releasee’s healthcare provider and information from the Company which allows Releasee to have a fair and reasonable
opportunity to know and understand said risks.
As to Child Services, Releasee recognizes and accepts that: Services may be provided by persons who are not child care
professionals or otherwise licensed or permitted relating to child care; that the Company is not a licensed or permitted or
certified day care facility; the Child Watch services are short-term, drop-in, basic in nature and may only be utilized while
Releasee is present on the premises; and even properly monitored children can and sometimes do receive and cause other
children to receive bumps, bruises, scrapes, and sometimes more serious injuries or conditions.
Communicable Diseases. Participating in Activities at or via the Company will also invariably place Releasee in close proximity
with other individuals and in contact with surfaces or areas that may have been handled, touched, or come into contact with
other individuals. Due to the nature of the Activities and Child Services, as well as the participation of other persons, the
Company does not guarantee that recommended social distancing will be followed at all times during the Activities and
Child Services. Further, the Company does not guarantee that surfaces and other areas or items the Releasee may come in
contact with are free of viruses, bacteria, or other contaminants. Releasee acknowledges that cases of the novel coronavirus
(“COVID-19”) have been confirmed throughout the United States, including in Madison, Alabama. By volunteering to
participate in the Activities and Child Services, Releasee appreciates, fully understands, releases, holds harmless, and assumes
the risk that Releasee may be exposed to and contract COVID-19 or any other communicable disease, including as a result
of actions or inactions by the Company, by other Activity participants, or by third parties. Releasee agrees to not participate
in any Activities or Child Services unless he or she agrees to release and hold harmless the Company and its agents, assigns,
and employees of any liability whatsoever related to contracting any communicable disease and any efforts the Company
may or may not make to prevent any such communication.
Releasee agrees, represents, and warrants that neither Releasee nor any child that Releasee brings to participate in the Child
Services will participate in Activities or Child Services or visit the Company’s physical location(s) if he or she (i) is experiencing
symptoms of COVID-19, including, without limitation, fever, cough, or shortness of breath, or (ii) has a suspected or
diagnosed case of COVID-19 or any other communicable disease. Additionally, Releasee agrees, represents, and warrants
that neither Releasee nor any child that Releasee brings to participate in the Child Services will participate in Activities or
Child Services or visit the Company’s physical location(s) if he or she, within the preceding 14 days, has (1) visited an area
subject to a CDC Level 3 Travel Health Notice, (2) been exposed to any person who had visited an area subject to a CDC
Level 3 Travel Health Notice in the 14 days preceding the exposure, or (3) been exposed to any person who has a suspected
or diagnosed case of COVID-19.
Waiver and Release of Liability and Related Covenant. Releasee and anyone who can claim or recover through Releasee
hereby agree to waive, relinquish, discharge, release, and covenant not to sue the Company or its parent, sister, affiliated
and/or subsidiary corporations and related entities, their members, owners, officers, directors, partners, employees,
consultants, contractors, advisors, agents, insurers, attorneys and volunteers, from any and all rights, claims of injury,
demands, causes of action, damages, liabilities, or loss that Releasee and anyone who can claim or recover through Releasee
may have or come to have arising out of, connected with, or in any way associated with the Activities, whether in person or
online, or Child Services at or through the Company or with Releasee participating in or being present at any Company
sponsored, organized, or affiliated event, program or being on property owned or controlled by Company. Releasee further
covenants not to sue or otherwise bring a claim or complaint against Company for any of the matters waived and released
herein. This paragraph should not be interpreted to attempt to waive or release rights or claims which, by Alabama law,
cannot be waived or released in this fashion.
Consent to Use of Likeness. Releasee understands that during participation in the Activities and Child Services at or via the
Company, either in person or online, Releasee’s image, likeness, and/or voice may be captured in a photograph, video, or
other visual, audio, or audiovisual recording (collectively, “Recordings”), which the Company may use or publish, including
without limitation for purposes of advertising or promoting the Company or its services and products or for the provision
of the Activities and Child Services. By participating in the Activities and Child Services, either in person or online, Releasee
irrevocably permits the Company and its affiliates, agents, employees, and assigns rights and permission to (1) record,
videotape, and photograph or publish Recordings of Releasee and/or Releasee’s name (with or without sound) either alone
or with others on any media; (2) use, distribute, publish, display, reproduce, and otherwise exploit the Recordings, in whole
or in part, and in any and all manners and media, with or without Releasee’s name or a fictitious name for any purpose,
including without limitation editorial, audiovisual, advertising, or trade purposes; (3) alter, edit, crop, or retouch the
Recordings without restriction; and (4) copyright the Recordings in any manner the Company may choose. Releasee
understands that the Recordings may be used in any media, including without limitation on the Internet, and that the
Recordings may be displayed publicly and prominently. Releasee further understands that no compensation or royalty will
be provided to Releasee for use of Releasee’s image and/or name. Releasee waives any right to inspect or approve any use
of Recordings by the Company. Releasee also understands and agrees not to record, photograph, publish, display,
reproduce, or otherwise distribute any Activities or Child Services, whether in person or online, without the express written
permission of the Company.
Limitations on Damages in Case of Liability. Should Company somehow be found liable despite this Agreement, Releasee
agrees that the maximum damages Company shall be liable for is the total amount Releasee has paid to Company in the
preceding twelve (12) months.
Company Indemnified, Defended, and Held Harmless. Releasee hereby agrees to indemnify, defend, and hold harmless the
Company, at no cost to Company, as to any claims or causes of action against Company due or related to Releasee’s
participation in the Activities or utilization of the Child Services or related to any action or inaction of Releasee while on
Company’s property or while participating or being present in any Company sponsored, organized, or affiliated event,
program, Activity, or Child Service, whether in person or online.
This Agreement’s Interpretation, Severability, Completeness, and Finality. The parties agree that the language of this
Agreement shall not be interpreted against the Company as the “drafter” and that both parties have similar bargaining
power, due to the fact that the Releasee may choose to join a different organization which assist with exercise and physical
conditioning. If any part of this Agreement is found to be void, illegal, or otherwise unenforceable by any court of competent
jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of the Agreement held
invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid and
unenforceable, and further, the Agreement interpreted to accomplish the intent of the Agreement as stated herein. The
parties affirm that this Agreement is final and complete, and supersedes any other information which contradicts this
Agreement, and cannot be amended except by further written agreement of the parties. No oral representations or
statements shall be binding on the Company, and no agent of the Company has authority to vary the terms of this
Agreement except in writing.
Resolution of Disputes. Should there be any disputes between regarding this Agreement or any other aspect of the
relationship between Releasee and Company which results in a legal or quasi-legal action being initiated, Alabama laws and
rules shall apply to the extent allowable. Jurisdiction and venue for any legal or quasi-legal action shall only be with a state
court in Huntsville, Alabama. Each party will bear its own court costs and attorneys’ fees except that if there is a dispute
regarding Releasee’s non-payment of costs or fees or dues to Company, the Company shall recover its legal costs and fees
relating to that dispute, including attorneys’ fees and including any costs of collection, whether prior to litigation or
otherwise.
Releasee’s Agent Executing on Behalf of Releasee. If the Releasee is unable to execute this document of his or her own
accord for whatever reason, and it is instead being executed by someone on behalf of the Releasee (the “Releasee’s Agent”),
the Releasee’s Agent hereby warrants, represents, and swears that (s)he has the authority to execute this legally binding
agreement on behalf of the Releasee and that Company absolutely and materially relies on that warranty, representation,
and sworn indication.
THIS IS A BINDING LEGAL AGREEMENT
