GENERAL WAIVER AND RELEASE FOR USE OF FACILITY

by | Feb 21, 2023 | Samples legal papers

GENERAL WAIVER AND RELEASE FOR USE OF FACILITY

The term “I” and “You” refers to persons who use Evolve Fitness Studio/ the Facility.  Collectively, You and Evolve Fitness Studio shall be referred to as “parties”. This General Waiver and Release for Use of Facility (hereinafter “Release”) constitutes a legally binding agreement between You and Evolve Fitness Studio. If you disagree with its contents, please note that You shall not be allowed to use the Facility. Please sign below to signify your acceptance of this Release. If you have any questions, please feel free to contact us at any time; we endeavor to assist you.

The Release 

  • I and anyone claiming on my behalf releases, forever discharges, agrees to indemnify and defend  Evolve Fitness Studio and its affiliates, successors, officers, employees, volunteers, representatives, partners, agents, and anyone claiming through them (collectively, the “Released Parties”), in their individual or corporate capacities from all claims, liabilities, obligations, promises, agreements, disputes, demands, damages, injury, causes of action of any nature and kind, known or unknown, which I have or ever had or may in the future have against Evolve Fitness Studio or any of the Released Parties arising out of or relating to the use of the Facility, including but not limited to its resources and activities such as e.g equipment, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby, class, program, training, instruction, supervision, dietary recommendations or event, hereinafter “Claims”.
  • I agree that my use of the Facility and its resources and activities e.g equipment, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby, class, program, training, instruction, supervision, dietary recommendations or event is at my own risk and assume the risk of any and all injury, illness, damage, or loss to me or my property that may result, including, whether caused by the Facility’s negligence or not. 
  • I understand that some of the risks include risks of injury, aggravation of preexisting conditions, and in the most severe and extreme situations, even death. I am aware that a comprehensive medical examination is necessary before using the equipment and machinery and that a consultation with a physician is essential to determine which physical activities, exercises, training and programs, if any, are recommended by my personal doctor. I further acknowledge that I have either had a physical examination within the last month and learned of the recommended activities. I also acknowledge that Evolve Fitness Studio has urged me to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. Whether or not I have had a physical examination, I agree that if I engage in any physical exercise or activity, or use any amenity on the premises or off, I do so entirely at My own risk. I acknowledge that any recommendation for changes in diet including the use of food supplements, weight reduction and or body building enhancement products are entirely my responsibility and I should consult a physician prior to undergoing any dietary or food supplement changes.
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  • I HAVE NOT RECEIVED ANY PAYMENT in exchange for the Release.
  • I release Evolve Fitness Studio having received A FAIR NOTICE and an ADEQUATE OPPORTUNITY TO REVIEW this Release.
  • This Release shall not be in any way construed as an admission by Evolve Fitness Studio that it has acted wrongfully concerning me or any other person, that it admits liability or responsibility at any time for any purpose, or that I have any rights whatsoever against it.
  • I have the authority to release the Claims and have not assigned or transferred any Claims to any other party.

Miscellaneous

This Release shall be binding upon the parties and their respective heirs, administrators, personal representatives, executors, successors, and assigns. The provisions of this Release are severable.  If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. This Release constitutes the entire agreement between the parties and supersedes any and all prior oral or written agreements or understandings between the parties concerning the subject matter of this Release. This Release may not be altered, amended, or modified, except by a written document signed by both parties. The terms of this Release shall be governed by and construed in accordance with the laws of Millburn, NJ.

I understand that exercise, training and using fitness equipment are potentially hazardous activities. I further understand that these activities involve risks of injury, aggravation of preexisting conditions, and in the most severe and extreme situations, even death. Furthermore, I acknowledge that the effects of exercise on the body cannot be predicted with complete accuracy and that injuries may occur during or following exercise that could lead to these complications and adversely affect my health. Accordingly, I acknowledge that I am voluntarily participating in these activities with the full knowledge and understanding of the potential dangers. I am aware that a comprehensive medical examination is necessary before using the equipment and machinery and that a consultation with a physician is essential to determine which physical activities, exercises, training and programs, if any, are recommended by my personal doctor. I further acknowledge that I have either had a physical examination within the last month and learned of the recommended activities, and that I voluntarily assume all responsibility and liability for using the facilities, equipment, machinery and participating in all programs at the Evolve Fitness Studio. I also acknowledge that Evolve Fitness Studio has urged me to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity.

Whether or not I have had a physical examination, I agree that if I engage in any physical exercise or activity, or use any amenity on the premises or off, I do so entirely at My own risk.

I acknowledge that any recommendation for changes in diet including the use of food supplements, weight reduction and or body building enhancement products are entirely my responsibility and I should consult a physician prior to undergoing any dietary or food supplement changes.

I agree that I am voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death.

This waiver and release of liability includes, without limitation, all injuries which may occur as a result of, (a) my use of all amenities and equipment in the facility and my participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment, (c) any instruction, training, supervision, or dietary recommendations, and (d) my slipping and/or falling while in the club, or on the club premises, including adjacent sidewalks and parking areas.

In consideration of being allowed to use all facilities, equipment, machinery and programs, I personally assume all risks involved in all exercising, training, activities and programs at Evolve Fitness Studio. I also waive and release, now and forever, all claims and causes of action against Evolve Fitness Studio, its elected or appointed officers, agents, volunteers from any and all personal injuries I sustain (including death), any medical condition of any kind which results, any aggravation of a pre-existing medical condition that I aggravate, and any and all other damages or injuries which I sustain in any way from the direct or indirect result of my activities, exercise, training and participation in Evolve Fitness Studio.

I further hold the Evolve Fitness Studio harmless from any loss to personal property which is lost or stolen while I use, or are present at the Evolve Fitness Studio.

I will indemnify and hold harmless Evolve Fitness Studio, its owners, officers, officials, employees and volunteers from any loss, liability, damage, cost or expense, including litigation of any form, arising out of or connected in any manner with my use of all facilities, equipment, machinery and programs.

COVID-19 RELEASE AND WAIVER OF CLAIMS ADDENDUM (“Release”)

I hereby acknowledge the health risks and dangers associated with the transmission of the COVID-19 virus, and other communicable diseases, and recognize that exposure to the COVID-19 virus, or other communicable diseases, could occur while participating in programs or making use of Evolve Fitness Studio. I hereby release Evolve Fitness Studio from any claim of transmission of the COVID-19 virus and agree to abide by all rules, regulations and guidelines that the government and Evolve Fitness Studio may impose as COVID-19 restrictions herein.

CHILDREN UNDER 18 YEARS OF AGE, SIGNATURE OF PARENT OR GUARDIAN IS REQUIRED

In the case of a minor (under 18 years of age), the undersigned parent or legal guardian acknowledges that having the authority to do so, they he/she is are also freely and voluntarily signing this Rrelease on behalf of the minor participant and on behalf of the parent or     legal guardian, and that the minor participant shall be bound by all the terms of this Rrelease.

  • I acknowledge that I have carefully read this waiver and release and fully understand that it is a release of liability. I expressly agree to release and discharge Evolve Fitness Studio, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action by participation in and/or associated with Evolve Fitness Studio including, but not limited to exposure or transmission of the COVID-19 virus and I agree to voluntarily give up or waive any right that I may otherwise have to bring a legal action against the club for personal injury or property damage. I represent and fully understand my right to review all aspects of this Release with an attorney of my choice, I have had the opportunity to consult with an attorney of my choice, I have carefully read and fully understand all the provisions of this Release and I are FREELY, KNOWINGLY AND VOLUNTARILY entering into this Release.

By signing this waiver and release, I acknowledge that I have signed it voluntarily and of my own free will and further acknowledge that I understand its content and that this release cannot be modified orally.

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Full Name (Print) Date

Signature

Signature of Parent/Guardian if under the age of 18

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