Waiver

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT.

 

I (the “PARTICIPANT”), in consideration of being permitted to participate in personal training sessions/classes, group training sessions/classes, and such other sessions, classes and/or fitness activities offered by Everfit Motion LLC (“EVERFIT”), being permitted to enter EVERFIT’s premises and/or being granted access to EVERFIT’s facilities, amenities, and services:

  1. PARTICIPANT hereby releases, waives and discharges EVERFIT, including its members, officers, agents, employees, managers, independent contractors, parent organizations, subsidiaries, affiliates and other properties and personnel (“Releasees”) from, and agrees and covenants not to sue Releasees for, any claim, liability, or demand of any kind or on account of any personal injury, temporary or permanent disability, death, property damage, or other damages, whether caused by the negligence of Releasees or otherwise, resulting from or in any way associated with PARTICIPANT’S entry on EVERFIT’s premises or use of EVERFIT’s facilities, amenities, services, or participation in any of the activities at EVERFIT whether using exercise equipment or not, whether exercising or not, or whether on the premises or not. Further, PARTICIPANT agrees and covenants to indemnify Releasees for, and hold Releasees harmless, from any such claims, liabilities or demands.
     

  2. PARTICIPANT further HEREBY VOLUNTARILY ASSUMES ALL RISKS of personal injury, including temporary or permanentdisabilityordeath,propertydamage,economiclosses,and/orotherdamagestoPARTICIPANT resultingfrom or in any way associated with his/her entry on EVERFIT’s premises or use of EVERFIT’s facilities, amenities, services, or participation in any of the activities at EVERFIT whether using exercise equipment or not, whether exercising or not, or whether on the premises or not.
     

  3. PARTICIPANT acknowledges and agrees that this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT is intended to be, and is, a complete release of any responsibility of Releasees for personal injuries and/or temporary or permanent disability or death and/or property loss/damage sustained by PARTICIPANT while on EVERFIT’s premises or while using EVERFIT’s facilities, amenities, services or while participating in any of the activities at EVERFIT whether using exercise equipment or not, whether exercising or not, or whether on the premises or not; and PARTICIPANT further acknowledges and agrees that it is specifically intended to and does include release, waiver, assumption of risk and indemnity as to premises liability claims such as (by example, not limitation) slip & falls and/or trip & falls at EVERFIT.
     

  4. PARTICIPANT represents that he/she has medical coverage and has been released to participate in the activities conducted at EVERFIT by his/her personal physician and understands that in the event of a medical emergency, the listed emergency contact person will be notified immediately, and if not available for consultation, grants permission to EVERFIT to obtain medical treatment as deemed necessary.
     

  5. PARTICIPANT agrees that any damages caused by the PARTICIPANT to EVERFIT’s premises, facilities, amenities and/or exercise equipment shall be the responsibility of PARTICIPANT and PARTICIPANT shall immediately pay to, and reimburse, EVERFIT for any such damages.
     

  6. PARTICIPANT hereby warrants that he/she is at least 18 years of age and that PARTICIPANT has the right to contract in his/her own name.
     

  7. PARTICIPANT confirms that he/she is at least 18 years of age and that he/she has read and understands this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT and acknowledges and agrees to its terms, and signs it freely and voluntarily.