Parental Waiver & Release Agreement
PROGRAM: Throw All Summer
IMPORTANT NOTICE
THIS AGREEMENT IS A LEGAL DOCUMENT. BY Clicking the Waiver Checkbox at time of purchase, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE. PLEASE READ CAREFULLY.
This Waiver and Release Agreement (“Agreement”) is entered into by and between the undersigned parent or legal guardian (“Parent”), on behalf of the minor participant identified below (“Participant”), and Garvey Physical Therapy and Wellness, LLC, a Wisconsin limited liability company, and its owners, employees, coaches, contractors, and agents (collectively, the “Provider”). This Agreement involves wellness services—but not physical therapy services—to be furnished by Service Provider that pertain to an online course entitled [Throw All Summer] (the “Program”) and it describes the terms and conditions under which the Participant may participate in the Program
This Agreement is effective as of the date of purchase.
General Description of the Program
The Program will be offered online via pre-recorded content as well as emailed/downloadable information. [The Program consists of online softball exercise training, including instruction, drills, conditioning, and educational content delivered virtually.] Parent acknowledges Provider cannot control the environment or supervision.
Parental Representations.
Parent represents that they are the legal guardian, Participant is physically able to participate, and Parent will provide supervision and a safe environment. Parent further acknowledges responsibility for ensuring safe equipment, appropriate space, and supervision during all participation.
Assumption of Risk.
Parent understands and acknowledges that participation in athletic activities involves inherent risks including serious injury or death. These risks include, but are not limited to, overuse injuries (including throwing-related injuries), bat or ball contact injuries, slips, falls, improper technique, and risks arising from unsupervised or home environments. Parent expressly assumes all such risks.
Release of Liability.
TO THE FULLEST EXTENT PERMITTED BY WISCONSIN LAW, PARENT, ON BEHALF OF THEMSELVES AND PARTICIPANT, EXPRESSLY WAIVES, RELEASES AND DISCHARGES ANY AND ALL CLAIMS AGAINST PROVIDER, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF PROVIDER.
Minor Acknowledgment.
Parent understands that certain rights of minors may not be fully waivable under applicable law but agrees to assume all risks and full financial responsibility for Participant. Parent acknowledges responsibility for all medical expenses and confirms Participant is covered by insurance or assumes full responsibility for lack of coverage.
Indemnification.
Parent agrees to release, hold harmless, indemnify, and defend Provider, or any of its shareholders, trustees, affiliates, successors, and/or its agents from and against any and all claims which Participant (or Participant’s representatives) may have for any loss, damage, or injury arising out of or in connection with use of the Services described above, or arising out of or in connection with the Services. For the avoidance of doubt, Parent will indemnify, and hold harmless Provider from and against any and all liabilities and expense whatsoever—including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements—which any of them may incur or become obligated to pay arising out of or resulting from the Program offered pursuant to this Agreement; excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Provider, or any of its shareholders, trustees, affiliates or successors.
Medical and Physical Therapy Disclaimer.
This course is intended for general educational and fitness purposes only. It is not medical care or physical therapy, and it does not involve the diagnosis, treatment, or management of any injury or medical condition. Participation in the Program does not establish a provider-patient or therapist-client relationship. The information and exercises shared are designed to support general athletic development for youth [and/or adults], but they are not a substitute for individualized medical advice or care. If Participant is experiencing pain, recovering from an injury, or have any underlying medical concerns, Parent/guardian acknowledges and accepts responsibility that Participant should consult with a licensed healthcare provider before participating. [Parent/Participant] agrees to seek appropriate medical advice where necessary. By starting the Program, Parent affirms Participant does not suffer from any mental or physical disability which would prevent or limit Participant’s participation in the Services. Participant will not start the Services if their licensed health care provider advises against it.
Disclaimer of Warranties; Limitation of Liability. Provider disclaims all warranties, both express and implied, including any warranty of non-infringement, fitness for a particular purpose or merchantability; and Provider’s liability hereunder shall be limited to the aggregate fees paid to Provider for Participant’s use of the Program. Provider has no liability to Participant for any incidental and consequential damages, whether or not foreseeable or contemplated by Service Provider (including but not limited to any loss, cost, injury, or expense caused by, or resulting from, a delay in responding to Participant, whether from technical failures or otherwise).
Disclaimer of Guarantee: Provider makes no representations or guarantees regarding performance of this Agreement other than those specifically enumerated herein. Although Provider aims to enhance overall wellness and skill, Provider makes no guarantee or warranty that the Program will meet your requirements or that all participants will achieve the same results, or any particular result.
Business Confidentiality. Provider’s Program, including original materials, business information, and materials used by Provider with permission from the original author or owner, (collectively referred to as “Materials”) provided to Participant are for Participant’s individual use only and are a single-user license. Materials are copyrighted and shall remain the sole property of Provider or the original author or owner. Participant is not authorized to use any Materials for any purpose other than individual use. Participant may not sell or distribute Materials. Participant agrees (1) to not infringe on any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that the Materials are confidential and proprietary, and belong solely and exclusively to Provider or the original author or owner, and (3) not to disclose the Materials to any person or use it in any manner other than in discussion with Provider. Further, any violation of this Section is grounds for the Provider’s request of injunctive relief to prohibit any such violations.
Clear understanding. Parent acknowledges that the terms of this Agreement are clear and that no undue pressure has been exerted to sign this Agreement. Parent has carefully read this form, in English, and acknowledges that English is the language Parent reads and understands and that Parent does not feel rushed, impaired, or under the influence of any medication or substance.
Notices and Communications. Any communication required or permitted to be sent under this Agreement shall be in writing and sent via U.S. mail or email to the addresses set forth in this Agreement. Any change in address shall be communicated in accordance with this section; and Member is solely responsible for updating Service Provider with respect to any change of address (including email address).
Severability. In the event that any provision of this Agreement, or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement shall continue in full force and effect and the application of such provision to other persons or circumstances shall be interpreted so as reasonably to effect the intent of the Parties. This Section shall survive termination or expiration of this Agreement.
Entire Agreement; Amendment. The undersigned agrees to the terms of this Agreement, all of which are expressed herein. There are no promises or representations except as set forth in the Agreement. No amendment of this Agreement shall be binding on a party unless made in writing and signed by all parties. Notwithstanding the foregoing, Provider may unilaterally amend this Agreement to the extent required by law or regulation by sending Member advance written notice of any such change; any such changes are incorporated into this Agreement by reference without the need for signature by the parties and are effective as of the date established by Provider.
Headings. The headings in this Agreement are for convenience of reference only, and under no circumstances should they be construed as being a substantive part of this Agreement nor will they limit or otherwise affect the meaning thereof.
Counterparts/Electronic Signature. This Agreement may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. Facsimile, pdf, or electronic signatures will for all purposes have the same force and effect as an original signature on this Agreement. Parent expressly agrees electronic signatures (including [DocuSign]) are valid and binding.
Waiver/Default. The waiver by either Party of a breach or violation of any provision in this Agreement will not operate or be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights, or privileges. Failure to insist upon full performance of the obligation or failure to exercise rights under this Agreement will not constitute a waiver as to future defaults or exercise of rights.
Governing Law. This Agreement shall be governed by and construed in accordance with laws of the State of Wisconsin without regard to Wisconsin’s choice of law provisions.
Arbitration. In the event that any dispute arises between the parties arising out of or related to the validity, interpretation, enforcement, or performance of this Agreement, or otherwise arising out of the relationship between the parties or the termination of that relationship, and a party wishes to pursue the dispute, such party shall submit the dispute to binding arbitration in accordance with the Commercial Rules of the American Arbitration Association (“AAA”). The Arbitration shall be held in Campbellsport, Wisconsin. The arbitrator(s) shall apply Wisconsin substantive law, or federal substantive law where state law is preempted. The arbitrator(s) shall have the power to grant all legal and equitable remedies provided by the above state law and award compensatory damages provided by the above state law, except that punitive damages shall not be awarded. The arbitrator(s) shall prepare in writing and provide to the parties an award including factual findings and the legal reasons on which the award is based. The arbitrator(s) shall not have the power to commit errors of law or legal reasoning. Any judicial review of the arbitrator(s) decision shall be governed by the above state law. PARENT HAS READ AND UNDERSTANDS THIS SECTION, WHICH DISCUSSES MEDIATION AND ARBITRATION. PARENT UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, THE PARTY AGREES TO SUBMIT ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH, OR TERMINATION THEREOF TO ARBITRATION, AND THAT THE DISPUTE RESOLUTION PROVISIONS SET FORTH IN THIS SECTION CONSTITUTE A WAIVER OF THE PARTY’S RIGHT TO A JURY TRIAL.
Please keep a copy of this Agreement for your reference.