Waiver of Liability
THE SAFETY OF EACH OF OUR CLIENTS IS ALWAYS OUR #1 PRIORITY. PLEASE SEE BELOW AND SIGN OUR STANDARD WAIVER PRIOR TO YOUR FIRST SESSION.
WAIVER AND RELEASE: You (the Buyer, Client, parent, or spouse, as applicable) agree that if you engage in any physical exercise or activity, you do so at your own risk. This includes, without limitation, your use of equipment and your participation in any activity, class, program, personal training or other instruction now or in the future made available. You agree that you are voluntarily participating in these activities and using the equipment and facilities and assuming all risk of injury or your contraction of any illness or medical condition that might result there from or any damage, loss or theft of any personal property. You agree on behalf of yourself (and your personal representatives, heirs, executors, spouse, administrators, agents, assigns or others) to release and discharge us (and our affiliates, employees, agents, representatives, successors and assigns) from any and all claims or causes us (and our affiliates, employees, agents, representatives, successors and assigns) from any and all claims or causes of action arising out of our negligence. This Waiver and Release of all liability includes, without limitation, injuries which may occur as a result of (a) your use of any facility or its improper maintenance, (b) your use of any exercise equipment which may malfunction or break, (c) our improper knowledge of any exercise equipment, (d) our negligent instruction or supervision, (e) our negligent hiring or negligent retention of any employee, (f) loss of consortium or (g) your slipping and falling while using the service or resulting from the service. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IS A RELEASE OF ALL LIABILITY. IN ADDITION, YOU DO HEREBY WAIVE ANY RIGHT THAT YOU MAY HAVE, BY OR ON BEHALF OF YOURSELF, YOUR SPOUSE OR ANY CHILD (MINOR OR OTHERWISE), TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST US FOR OUR NEGLIGENCE OR ARISING OUT OF OR RELATING TO PARTICIPATION BY YOU, YOUR SPOUSE OR CHILD IN ANY OF THE ACTIVITIES, OR USEOF THE EQUIPMENT, OR SERVICES WE PROVIDE AS OR DAMAGE TO OR LOSS OF YOUR PERSONAL PROPERTY.
USE OF SERVICE AND RISK THEREOF: Disclaimer: WEBercise and its personal trainers are not responsible for any injury (or loss of property) suffered while participating in session activities or using equipment for any reason whatsoever, including ordinary negligence on the part of WEBercise, its trainers, officers, affiliates, employees, instructors, agents, representatives, successors and assigns. In consideration of my being able to use WEBercise, I hereby release and covenant not to sue WEBercise, its trainers, officers, affiliates, employees, instructors, agents, representatives, successors and assigns, from any and all present and future claims resulting from ordinary negligence on the part of WEBercise or others listed for loss, damage, of theft of personal property, personal injury, or death, arising as a result of using the service of WEBercise or its affiliates and engaging in any activities incidental thereto, wherever, whenever, or however the same may occur. I hereby voluntarily waive any and all claims resulting from ordinary negligence, both present and future, that may be made by me, my family, estate, heirs of assigns. I represent that I am in good health and suffer from no physical impairment, which would limit the use of WEBercise or participating in sessions conducted by their trainers. I am aware that exercise activities may range from vigorous cardiovascular activity (i.e. aerobics, bicycles, steppers, treadmills) to the strenuous exertion of strength training (i.e. free weights, weight machines). I understand that these and other physical activities of WEBercise or its affiliates involve certain risks, including but not limited to death, serious neck and spinal injuries resulting in complete or partial paralysis, heart attacks, and injury to bones, joints, or muscles. I am voluntarily participating in activities with knowledge of dangers involved and hereby agree to accept any and all inherent risks of property damage, personal injury, or death. I further agree to indemnify and hold harmless WEBercise, its affiliates, officers, employees, instructors, agents, representatives, successors and assigns for any and all claims arising as a result of my engaging in activities of any activities incidental thereto, wherever, whenever, or however the same occur. I understand that this waiver is intended to be as broad and inclusive as permitted by the laws of the state in which this agreement is signed and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I affirm that I am of legal age and am freely signing this agreement. I have read this and fully understand that by signing this Agreement, I am giving up legal rights and /or remedies which may be available to me for the ordinary negligence of WEBercise, and its affiliates, officers, employees, instructors, agents, representatives, successors and assigns.