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ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY




Transform Fit Club, LLC (“TFC”) operates a personal training facility at 1515 W. Carrol St, Chicago, Illinois (the "Facility"). IN AGREEING TO PARTICIPATE IN FITNESS ACTIVITIES AT TFC’S FACILITY, YOU (THE UNDERSIGNED) AGREE AS FOLLOWS:

Your Trainer, is using this Facility pursuant to a license agreement from TFC. You acknowledge that TFC would not have granted the license to Trainer and permitted You to train at the Facility without your execution of this Agreement.

YOU EXPRESSLY AGREE AND ACKNOWLEDGE (a) that recreational and fitness activities and use of fitness equipment have inherent risks, dangers, and hazards; (b) your participation in such activities and/or use of such equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that, could cause serious disability; and (c) these risks and dangers may be caused by the negligence of the representatives, employees, or volunteers of TFC or Trainer, the negligence of the participants, the negligence of others, accidents, breaches of contract, or other causes. You further acknowledge that you are physically fit and mentally capable of performing the fitness activities you choose. In agreeing to participate in fitness related activities at the Facility, you acknowledge that certain injuries are possible. These include but are not limited to: minor or major bone fracture, scrapes, abrasions, lacerations, head or body bumps, bruises, muscle, tendon, or ligament strains or sprains, or death. These injuries might be caused by: slips, falls, and other gravity-related mishaps, equipment failure, overstraining, or exceeding physical limitations, human error, disregard for guidelines, rules, and standard practice, ignorance or inattention.

ASSUMPTION OF RISK: BY SIGNING BELOW, YOU AGREE that if you engage in any physical exercise, activity or program, including personal training, or enter TFC’s Facility or use equipment at the Facility for any purpose, You do so at your own risk and assume the risk of any and all injury, illness, loss and/or damage you may suffer, including, without limitation, any loss or theft of any personal property, and including injury or damage sustained while and/or resulting from using any part of the Facility (including locker room, stairs, or parking lot), or using any equipment, whether provided by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer or TFC or any TFC employee, agent or representative, whether active or passive.

RELEASE: YOU AGREE ON BEHALF OF YOURSELF(AND YOUR PERSONAL REPRESENTATIVES, HEIRS, AND EXECUTORS) TO RELEASE AND DISCHARGE TRAINER AND TFC (AND TFC’S MEMBERS, MANAGERS, AFFILIATES, RELATED ENTITIES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION (KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, PRESENT OR FUTURE) ARISING OUT OF (I) THE NEGLIGENCE OF TRAINER OR TFC, OR ANY OF TFC’S AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, WHETHER ACTIVE OR PASSIVE, (II) ANY PERSONAL INJURY OR DEATH YOU SUSTAIN IN, ON OR ABOUT THE FACILITY OR ANY PART OF THE FACILITY AND PREMISES, (III) YOUR USE OF THE FACILITY OR ANY PART OF THE FACILITY AND PREMISES, AND (IV) ANY LOSS OR THEFT OF PERSONAL PROPERTY;

THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF (A) YOUR USE OF ANY EXERCISE EQUIPMENT OR THE FACILITY WHICH MAY MALFUNCTION OR BREAK, (B) IMPROPER MAINTENANCE OF ANY EXERCISE EQUIPMENT OR THE FACILITY, (C) NEGLIGENT INSTRUCTION OR SUPERVISION, INCLUDING PERSONAL TRAINING, (D) NEGLIGENT HIRING OR RETENTION OF EMPLOYEES, AND/OR (E) SLIPPING OR TRIPPING AND FALLING WHILE ON ANY PORTION OF THE FACILITY OR WHILE TRAVELING TO OR FROM PERSONAL TRAINING, INCLUDING INJURIES RESULTING FROM TRAINER’S OR ANYONE ELSE’S NEGLIGENT INSPECTION OR MAINTENANCE OF THE FACILITY OR PREMISES.

INDEMNIFICATION: By signing below, you hereby agree to INDEMNIFY AND HOLD HARMLESS TFC, Trainer and their affiliates, related entities, employees, agents, managers, members, representatives, successors, and assigns from any loss, liability, damage, or cost Trainer or TFC may incur due to the provision of personal training by Trainer to you or your use of the Facility.

ACKNOWLEDGMENTS: You acknowledge and agrees that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Illinois and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You agree that You will at all times comply with all stated and customary terms of use of the Facility, posted safety signs, Rules and Regulations, and verbal instructions from Trainer and TFC staff.

BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE ABOVE WAIVER AND RELEASE, YOU AGREE TO BE BOUND BY THE TERMS HEREOF AND YOU AGREE IT IS YOUR INTENTION TO EXEMPT AND RELIEVE TFC AND TRAINER FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.

Signatures to this Assumption of Risk, Waiver and Release of Liability transmitted by electronic means (including facsimile transmission or electronic mail transmission of a portable document format document) or affixed as an electronic signature shall be deemed and treated as original signatures and shall be valid and effective to bind Client to this Agreement.



I am at TFC to work with:
Trainer or Class*
First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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