RELEASE OF LIABILITY
READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of Physical Fitness organized by Peak Level Performance LLC, I, _______(Member or subsequent subscription holder) of Peak Level Performance agree for myself and (if applicable) for the members of my family to the following:
AGREEMENT TO FOLLOW DIRECTIONS. I agree to follow any oral or written instructions or directions given by Peak Level Performance LLC, or the employees, representatives or agents of Peak Level Performance LLC.
ASSUMPTION OF THE RISKS AND RELEASE. I recognized that there are certain inherent risks associated with the above described activity, and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Peak Level Performance and any company, club, or entity who has come to a contractual agreement for the purpose of providing Peak Level Performance LLC Services to subsequent subscription holders for injury, loss, or damage arising out of my or my family’s use of Peak Level Performance LLC Services or presence upon the facilities of Peak Level Performance LLC, whether caused by the fault of myself, my family, Peak Level Performance LLC, or other third parties.
INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Peak Level Performance LLC and its members, agents, contractors, companies, clubs, or entities that Peak Level Performance has agreed upon contracts with to provide subsequent subscriptions, or anyone affiliated with Peak Level Performance LLC Services from and against all claims, causes of action, damages, judgements, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of Peak Level Performance LLC or against all claims, damages, losses and costs that arise from or relate to the following:
1. Your activities on the Peak Level Performance Service.
2. Any content submitted by or on behalf of you.
3. Your violation of these terms.
4. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under South Carolina Law.
5. NO DURESS. I agree that I am under no pressure or duress to acknowledge this Agreement and that I have been given reasonable opportunity to review it before further acknowledgement and that I am free to have my own legal counsel review this Agreement if I so desire.
6. ARMS LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based on upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
7. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
8. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute by binding arbitration under the rules of the American Arbitration Association. The arbitrators award will be final, and judgement may be entered upon it by any court having proper jurisdiction.
BY SUBMITTING PAYMENT TO PEAK LEVEL PERFORMANCE LLC, YOU ARE AGREEING THAT YOU HAVE READ THIS DOCUMENT AND UNDERSTAND IT. AS A MEMBER OF PEAK LELVEL PERFORMANCE LLC YOU FURTHER UNDERSTAND THAT BY READING THIS RELEASE AND BY SUBMITTING PAYMENT, THE MEMBER IS VOLUNTARILY SURRENDERING CERTAIN LEGAL RIGHTS.