HARDBODIEZ GYM WAIVER

 

This Fitness and Gym Waiver (“Waiver”), [DATE] (“Effective Date”), is entered by and between You (“Client” “I” or “You”) and Hardbodiez Gym LLC (“Company”), (with each party hereinafter being called individually a “Party” and jointly called the “Parties”).

 

In consideration of being permitted entry to our fitness facility, (“Gym” or “Facility”) as well as any related events or activities You, the undersigned, hereby acknowledge, understand and expressly agree as to the following:

 

FACILITY RULES

1. As a 24-hour secure-access fitness facility, You agree to abide by all gym and membership rules which are posted at the facility, on the website, and in this agreement.

2. I agree and acknowledge that improper and unauthorized use of this facility may result in member suspension or cancellation. Company has the sole discretion to suspend, terminate, and cancel any membership without notice.

3. I agree to not let anyone other than myself use my access to the facility and agree to report any situation that appears as unauthorized use to the gym staff. Any unauthorized use will result in immediate membership suspension or termination.

4. I agree and acknowledge that there will be no supervision or assistance present at the gym facility. If I get injured, become unconscious, or suffer a medical emergency, there will likely be no one to respond and the gym has no duty to provide assistance.

5. I understand that there will be no staff present and that this is not a gym for beginners, and as such there will be no instruction on how to work out. I agree to only use equipment that I have proper education for using.

6. I agree to not use the Monolift alone.

 

HEALTH RELEASE

1. I understand that physical fitness includes exercises to build the cardio-respirtory system (heart and lungs), the musculoskeletal system (muscle endurance, strength and flexibility) and to improve body composition.

2. I understand that the reaction of the heart, lung, and blood vessel system to such exercise cannot always be predicted with accuracy. I know there is a risk of certain abnormal changes occurring during exercise, which may include abnormalities in blood pressure or heart rate, in effect of function of the heart, and in rare cases heart attacks. Use of the gym equipment can lead to injury.

3. I certify that I am in good physical health and I am able to undertake and engage in the range of physical activities in which I choose to participate at the gym. I assume all responsibility for my health and agree to abide by any doctor or medical orders regarding my health. I understand that fitness activities involve risk of injury and in the rare instance, death, and that I am voluntarily participating in these activities and using equipment with the knowledge of the dangers involved. I do hereby agree to expressly assume and accept any and all risks of injury or death, whether accidental or otherwise. This waiver, release, and indemnification agreement includes, without limitation, all injuries which may occur as a result of (a) my use of all amenities and equipment in the facility (b) sudden unforeseen malfunctioning of any equipment and (c) my slipping or falling while in the facility, on the facility premises, including adjacent sidewalks and parking areas. I acknowledge that I have carefully read this waiver, release and indemnification agreement and fully understand that it is a full and complete release of all liability.

 

 

RELEASE OF LIABILITY, WAIVER AND ASSUMPTION OF RISK

1. I Voluntarily assume the risk of injury, accident, death, loss, cost or damage to my person or property which might arise from my use of the gym, and all of its participants, on behalf of its employees, heirs, agents, representatives, parents, subsidiaries, predecessors, successors, assigns and any person or entity that it controls, forever releases, indemnifies and discharges Company and their employees, agents, representatives, team members, as well as its owners, principals, employees, agents and representatives, with respect to any and all claims Client and its employees, heirs, agents, representatives, parents, subsidiaries, predecessors, successors, assigns and any person or entity that it controls, may now have or may have in the future resulting from injury, whether physical, mental, psychological or emotional, or any loss or damage to person or property, of any kind, whether arising from the negligence of Company to the fullest extent permitted by law. 

2. Although this Agreement fully and completely releases Company from any and all liability of any kind and of any nature in any way connected to, arising from, or relating to the Activities at issue, Client, and all of its participants, further acknowledges and agrees that to the extent that Client, and all of its participants, violates the plain terms of this Agreement by filing a claim, suit or other action against Company, any such claim, suit or other action shall be filed solely and exclusively before the American Arbitration Association, as governed by the Commercial Rules of Arbitration, with the initiating party bearing the fees and costs associated with arbitration, and with the prevailing party entitled to recover reasonable attorneys’ fees and costs associated with the arbitration. Any legal or equitable claim that may arise from participation in the above shall be resolved under Utah law. 

 

 

I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. BY SIGNING THIS DOCUMENT, I AM WAIVING ANY RIGHT I OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST COMPANY FOR YOUR NEGLIGENCE OR THAT OF YOUR EMPLOYEES. 

 

 

 

COMPANY: Hardbodiez Gym LLC

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