WAIVER OF LIABILITY AND COVENANT NOT TO SUE. THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ CAREFULLY. I, the undersigned, (“Member”) being of sound mind and legally competent to enter into this legally enforceable WAIVER OF LIABILITY AND CONVENAT NOT TO SUE (“WAIVER”), desire and intend to enter onto the premises of the gym and fitness facility, (‘FACILITY”) located at 5501 Fort Henry Drive Kingsport, TN 37663 operated by Apex Gym and Fitness, LLC (“Apex”) and/or participate in one or more activities or programs (each individually an “Activity”; collectively, “Activities”) offered, operated, sponsored or directed by, or otherwise involving Apex Gym and Fitness (collectively, “The Released Parties”). The Activities may occur in whole or in part at the Facility. The Activities may involve, without limitation, recreational or fitness activities, programs, sponsored events, instruction, and classes both inside and outside the Facility and with or without the supervision of The Released Parties, or any of their employees, contractors or personnel. I understand that entering Apex’s premises poses inherent risks including but not limited to serious injury and/or death. With full knowledge and understanding of these risks, and in consideration of the use of Apex’s premises/equipment and/or participation in Activities, I acknowledge and agree as follows: I. Member Assumption of the Risk I am aware and explicitly acknowledge that my presence on Apex’s premises and/or participation in any Activities, whether inside or outside the Facility with or without the supervision of Personnel, and any services, classes, sponsored events, or instruction provided by The Released Parties subjects me to risks including but not limited to personal injury, death or paralysis as a result of using free weights, various types of exercise equipment animals, insects, inclement/severe weather conditions, icy or slick conditions, other Members/Visitors, uneven surfaces or objects, holes, or from any other risk regardless of whether specified herein. I UNDERSTAND AND ACKNOWLEDGE THAT: The list above does not delineate all risks which I may encounter while visiting Apex’s premises and/or participating in Activities and that the list in no way limits the extent, reach or legal enforceability of this Waiver or any provision herein. If I choose to use my own personal equipment, I take full responsibility for its proper maintenance and use. I understand that I must follow all of Apex’s rules and procedures which may from time to time be amended and updated. I understand that it is my responsibility to read and abide by all rules that are distributed by Apex or listed on signs in the Facility, and if I do not understand a rule, I will immediately ask for clarity from a member of Apex’s staff. I accept responsibility for any injuries to myself or others as a result of failing to follow any of Apex’s rules specifically but not limited to those enumerated in this paragraph. If I use equipment from Apex, I accept the equipment “AS IS”, I accept responsibility for the proper use and care of the equipment during the period of my use and agree to replace any equipment damaged by myself during use. If Apex’s equipment is damaged while I am using it, I will bring it to the attention of Apex’s Personnel immediately. I understand that fitness/gym equipment can, and often does, become damaged or defective. I accept responsibility for examining and assessing fitness/gym equipment as well as my own equipment while using it at the Facility or during any Activity. WITH FULL KNOWLEDGE AND UNDERSTANDING OF THE RISK OF SEVERE INJURY AND DEATH INVOLVED IN MY PRESENCE ON APEX’S PREMISES AND THE ACTIVITIES THEREIN, I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME THE RISK THAT I MAY SUFFER TEMPORARY, PERMANENT, OR EVEN FATAL INJURIES, EVEN IF I FOLLOW THE INSTRUCTIONS OR ADVICE OF THE RELEASED PARTIES. II. Waiver and Covenant Not to Sue In consideration of my entering onto Apex’s premises and/or participation in any Activity, and in spite of the risk of severe or permanent injury or even death, the undersigned agrees as follows: I (Member) on behalf of myself, my heirs, representatives, executors, administrators and assigns hereby unconditionally WAIVE AND RELEASE ANY AND ALL CLAIMS AND CAUSES OF ACTION OF ANY KIND OR NATURE AGAINST THE RELEASED PARTIES. This Waiver includes but is not limited to any such claims or causes of action, present or future, related to injury or damage to Member, his/her property, or to any other person or property, for any loss, damage, expense or injury up to and including death suffered by any person from or in connection with Member’s use of Apex’s premises, and/or engaging in any Activities, due to any cause whatsoever, INCLUDING NEGLIGENCE. Member agrees to hold harmless, defend and indemnify The Released Parties from any claim or action, present or future, related to injury or damage to Member, his/her property, or to any other person or property, for any loss, damage, expense or injury up to and including death suffered by any person from or in connection with Member’s use of Apex’s premises and/or involvement in any Activities whether inside or outside the Facility, due to any cause. Member hereby RELIEVES THE RELEASED PARTIES OF ANY DUTY TO PROTECT VISITOR FROM HARM while on Apex’s premises or in connection with any Activities associated with Apex. III. Additional Provisions Member agrees to notify Apex’s staff immediately if Member suffers or witnesses any injury while on Apex’s premises. Member authorizes Apex to obtain medical care and/or transportation to a medical facility if, in the opinion of Apex, Member requires medical attention and is unable to make such decisions for himself/herself. Member agrees to pay all costs associated with such medical care and related transportation and shall DEFEND, INDEMNIFY AND HOLD HARMLESS The Released Parties of and from any costs or consequences of such decision. By signing below, I certify that I, or the minor listed below, is in physically sound condition to enter into and engage in physical activity on Apex’s premises and/or participate in any Activities. It is Apex’s recommendation that all Members receive clearance from a medical physician before engaging in any physical activity. This Waiver shall continue in effect in perpetuity so that each time Member enters Apex’s premises and/or participates in Activities from the date this waiver is signed forward he/she shall be bound by the terms and conditions of this Agreement until such time as Member withdraws this Waiver by written notice. If any provision of this Agreement is found to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement, and the application of such provision other than to the extent it is held illegal or unenforceable, will not be affected. I agree the laws of the State of Tennessee shall govern the rights and obligations of the parties to this Agreement and the interpretation, construction, and enforceability thereof I AGREE TO WAIVE MY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING AGAINST THE RELEASED PARTIES. By signing below, I agree to waive my right to ownership of or compensation for any images obtained by Apex on Apex’s premises and/or while I am participating in any Activity, and I acknowledge and agree that Apex may use such images for any purpose including but not limited to flyers, website, social media, or any other promotional service. I AM SIGNING THIS AGREEMENT OF MY OWN FREE WILL WITH FULL KNOWLEDGE AND UNDERSTANDING THAT I AM AGREEING TO RELEASE AND INDEMNIFY ALL RELEASED PARTIES AGAINST ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, INJURY OR DEATH. I AM AT LEAST 18 YEARS OF AGE, I AM LEGALLY COMPETENT TO SIGN THIS AGREEMENT; I HAVE CAREFULLY READ THIS AGREEMENT, AND I UNDERSTAND THAT THE TERMS OF THIS AGREEMENT ARE LEGALLY BINDING UPON ME, MY ASSIGNS, HEIRS, REPRESENTATIVES, EXECUTORS AND ADMINISTRATORS. IF MEMBER IS UNDER 18 YEARS OLD –UNDERSIGNED PARENT/GUARDIAN CONSENT: I am the parent or legal guardian of the minor listed below and hereby consent to the Minor’s entering onto Apex’s premises and/or participating in Activities, as defined above. In consideration of Minor’s entry onto Apex’s premises and/or participation in one or more Activities, I agree, personally and on behalf of the Minor and any other parent or legal guardian of the Minor, to be bound by the terms and conditions written in this Agreement. I represent that I am at least eighteen (18) years of age and legally competent to sign this Agreement. I understand that if I am not the parent or legal guardian of the minor listed below, by signing below I am committing FORGERY and may be subject to criminal as well as civil penalties, and I indemnify and hold The Released Parties harmless for any claim, which may arise as a result of my forgery. A photocopy of this Agreement or a record of this Agreement sent and received by facsimile, email or other electronic transmission, shall be enforceable and shall have full legal effect as an original. |
