WAIVER AND RELEASE OF LIABILITY – Fitness Center and Exercise Classes

NOTE: THIS FORM MUST BE READ AND SIGNED BEFORE THE PARTICIPANT IS PERMITTED TO USE THE FITNESS CENTER AT 365 GRAND CLUB AND/OR TAKE PART IN ANY EXERCISE CLASS(ES) HELD BY 365 GRAND CLUB. BY SIGNING THIS AGREEMENT, THE PARTICIPANT AFFIRMS HAVING READ AND UNDERSTOOD IT AND IS IN AGREEMENT WITH ITS CONTENTS.

  1. I RISK BODILY INJURY, INCLUDING PARALYSIS, DISMEMBERMENT, DISABILITY and DEATH, AND while particular rules, equipment, and person training and discipline my reduce this risk, THE RISK OF INJURY DOES EXIST, AS WELL AS THE RISK OF DAMAGE TO OR LOSS OF PROPERTY;
  1. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISK; both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERS;

 

  1. I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual or unnecessary hazard during my presence or participation, I will bring such to the attention of the instructor or staff immediately.

 

  1. I, FOR MYSELF, AND ON BEHALF OF MY HEIRS, PERSONAL REPRESENTATIVES, and NEXT OF KIN, HERBY RELEASE, HOLD HARMLESS AND PROMISE NOT TO SUE 365 GRAND CLUB, ITS OFFICERS, VOLUNTEERS, STAFF, SPONSORS, AND/OR AGENTS, OR THE INSTUCTOR OF THE EXERCISE CLASS (“RELEASEES”) WITH RESPECT TO ANY AND ALL INJURY AND/OR LOSS ARISING FROM MY PARTICIPATION, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, EXCEPT THAT WHICH IS THE RESULT OF GROSS NEGLIGENCE OR WANTED MISCONDUCT, TO THE FULLEST EXTENT PERMITTED BY LAW.

 

  1. This Waiver and Release of Liability shall remain valid until it is expressly revoked by written notice from me to 365 Grand Club or the termination of my membership whichever occurs first; provided however that any such revocation shall not in any manner affect the waiver and release of liability given hereunder for any acts or occurrences prior to the receipt of said written notice by 365 Grand Club or prior to termination of my membership.

 

I have read this Release of Liability and Waiver Agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement.