​PEAK PERFORMANCE TRAINING & NUTRITION
WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
PLEASE READ CAREFULLY. This is a legally binding agreement. By entering the facility, using the equipment, participating in any activities, or accepting this waiver electronically (including by checking an “I agree” box on any Peak Performance form), you agree to the terms below.
1) DEFINITIONS
“Company”: Peak Performance Training & Nutrition, LLC and its owners, officers, employees, coaches, independent contractors, volunteers, agents, and affiliates (“Released Parties”).
“Participant”: Any person who enters the facility property or participates in any activity, including members, guests, minors, and spectators.
“Activities”: Any and all use of the facility, services, training, coaching, assessments/testing, programs, events, or equipment—whether supervised or unsupervised.
2) ACTIVITIES COVERED
This Waiver applies to all Activities, including but not limited to: strength and conditioning, speed/agility training, plyometrics, sport performance training, personal or group training, camps, clinics, combines, performance testing, and use of all facility equipment (turf, racks, weights, etc.), as well as recovery work performed on or off-premises.
3) VOLUNTARY PARTICIPATION & HEALTH REPRESENTATION
Participant acknowledges that participation is voluntary. Participant is responsible for determining physical and medical readiness and must disclose any injuries or limitations to staff. Participant understands the Company is not a medical provider and does not provide medical diagnosis or treatment.
4) ASSUMPTION OF RISK
Participant understands that Activities involve inherent risks, including but not limited to: muscle/joint injury, overexertion, heat illness, broken bones, concussions, paralysis, or death. Risks also include equipment failure, slips/falls, and exposure to communicable illnesses. Participant knowingly and freely assumes all risks, known or unknown, arising from participation.
5) RELEASE OF LIABILITY (WEST VIRGINIA COMPLIANCE)
To the fullest extent permitted by West Virginia law, Participant releases and forever discharges the Released Parties from any and all claims or liabilities arising out of Participant’s presence or participation. This includes claims arising from the ordinary negligence of the Released Parties. This waiver does not release claims for gross negligence or willful misconduct where such release is prohibited by West Virginia public policy.
6) COVENANT NOT TO SUE & INDEMNIFICATION
Participant agrees not to sue any Released Party. Participant agrees to indemnify and hold harmless the Released Parties from any costs, damages, or attorney fees arising from Participant’s violation of rules or any claim brought by or on behalf of the Participant contrary to this waiver.
7) FACILITY RULES & SUPERVISION
Participant agrees to follow all staff instructions and posted rules. Company may deny access for unsafe conduct. Participant acknowledges that constant supervision in all areas at all times is not guaranteed; Participant remains responsible for their own safe conduct.
8) EMERGENCY MEDICAL AUTHORIZATION
Participant authorizes Company to render first aid and/or contact emergency services (911) if injury occurs. Participant is solely responsible for all related medical and transportation costs.
9) PHOTO, VIDEO, & DATA RELEASE
Media: Participant grants Company permission to capture and use images/video/audio of Participant for business and marketing purposes. Opt-out: Participant must email "MEDIA OPT-OUT" to the Company to revoke this.
Data Tracking: Participant consents to the digital collection and storage of performance metrics, assessment data, and training logs within the Company’s mobile app and client portal for the purpose of performance analysis.
10) MINORS (UNDER 18)
If Participant is a minor, a parent/legal guardian must accept this Waiver. The parent/guardian agrees to assume all risks, release the Released Parties, and indemnify the Company against any claims brought by or on behalf of the minor, to the fullest extent permitted by West Virginia law.
11) SEVERABILITY & GOVERNING LAW
If any portion of this Waiver is held invalid, the remainder shall remain in full force. This Waiver is governed by the laws of the State of West Virginia. Venue for any dispute shall be in the county where the facility is located.
12) ELECTRONIC SIGNATURE & ENTIRE AGREEMENT
This Waiver contains the entire agreement. The parties agree that this agreement may be accepted electronically. Checking the “I Agree” box on a Wix Booking form or digital checkout constitutes a legal and binding electronic signature pursuant to West Virginia’s Uniform Electronic Transactions Act.