**WAIVER AND RELEASE OF LIABILITY AGREEMENT**
This Waiver and Release of Liability Agreement ("Agreement") is entered into by the undersigned participant ("Participant"). The United States Performance Academy ("USAPA") strongly recommends that all members obtain a physical examination from a physician prior to the utilization of any exercise equipment or participation in any exercise class.
**ASSUMPTION OF RISK**
The Participant acknowledges that any and all exercises, including the utilization of weights and any and all machinery, equipment, and apparatus designed for exercising, will be undertaken at the sole risk of the Participant. The Participant understands and agrees that the choice to use any facilities or services, the selection of specific exercise programs, methods, and types of equipment will be the entire responsibility of the Participant.
**RELEASE AND INDEMNITY**
The USAPA, along with Chris Webb and Ryan Castro, will not be liable to Participants for any claims, demands, injuries, damages, or actions due to injury to the Participant's person or property arising out of or in connection with the use by the Participant of the services, facilities, and premises of the USAPA or the United States Athlete Academy ("USASA"). The Participant hereby absolves and holds the USAPA, its officers, owners, agents, employees, Chris Webb, and Ryan Castro harmless from all claims which may be brought against them by the Participant or on the Participant's behalf for any such injuries or claims.
In understanding the inherent risks associated with exercise, the undersigned hereby agrees to participate in the services offered by the USA Performance Academy / GAINswimming LLC / swim stewcrew LLC / PROTO strength and Fitness LLC. In doing so, the undersigned agrees to indemnify, defend, and hold harmless the USAPA/USASA, its employees and officers, Chris Webb, Ryan Castro, from any and all claims, liability, loss, damage, expense, and costs of any kind due to injury to the undersigned or in the event of the undersigned's death.
**CONSENT TO MEDICAL TREATMENT**
In the event of a medical emergency, the Participant authorizes the USAPA, its agents, employees, Chris Webb, and Ryan Castro to secure from any licensed hospital, physician, and/or medical personnel any treatment deemed necessary for immediate care and agrees that the Participant will be responsible for payment of any and all medical services rendered.
**ARBITRATION CLAUSE**
Any dispute, controversy, or claim arising out of or related to Participant’s involvement in USAPA activities shall be submitted to and decided by arbitration. Arbitration shall be conducted in Colorado in accordance with the rules of the American Arbitration Association then in effect.
**PARENT OR GUARDIAN AGREEMENT**
If Participant is a minor, the parent or guardian hereby agrees to the terms of this waiver on behalf of the minor Participant.
By signing below, the Participant (and parent/guardian if Participant is a minor) acknowledges that they have read and understood this Agreement, and agree to abide by all its terms and conditions.