Waiver and Release of Liability
IN CONSIDERATION OF the risk of injury that exists while participating in virtual and personal fitness training sessions, as well as following nutrition plans and workout plans by NYB Fitness (hereinafter the “Activity”); and
IN CONSIDERATION OF my desire to participate in the Activity and being given the right to participate in the same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor,” “I” or “me,”), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge NYB Fitness, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING in the aforementioned Activity and I am participating in this Activity, which may include, but are not limited to: physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others’ negligence. I assume all related risks, both known and unknown to me, of my participation in this Activity.
I AGREE that Releasees will not be held responsible for any injury or omission following the application of NYB Fitness’s nutrition and workout plans.
I ALSO AGREE that the nutrition and workout plans provided by NYB Fitness are not intended to be a substitute for professional medical advice and should not be relied on as personal or health advice.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees.
I HEREBY 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 NYB Fitness and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against NYB Fitness for personal injury.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of NYB Fitness, its agents, and employees.
This Waiver and Release of Liability shall remain in effect for the duration of my participation in the Activity, during this initial and subsequent event of participation.
Name of Participant:
Signature: ___________________________________ Date:
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