In consideration of the risk of injury while participating in *the WORKOUT training, fitness classes, and/or facility (the “activity”), and as consideration for the right to participation the “activity”, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, 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 whatsoever arising out of my participation in the “activity”, and do hereby release and forever discharge *the WORKOUT, located in Paramount, California, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned “activity”, including traveling to and from an event related to this activity.
I am voluntarily participating in the aforementioned activity and I am participating in the activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as 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 conditions related to travel, or the condition of the activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this activity, including travel to, from and during this activity.
I agree to indemnify and hold *the WORKOUT harmless 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 any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If *the WORKOUT incurs any of these types of expenses, I agree to reimburse *the WORKOUT.
I acknowledge that *the WORKOUT and their directors, officers, volunteers, representatives, and agents 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 *the WORKOUT.
I acknowledge that this activity may involve a test of a person's physical and mental limits a may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of event.
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 *the WORKOUT 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 *the WORKOUT for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of *the WORKOUT, its agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect of recklessness.
This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the participant, and *the WORKOUT agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that will be interpreted based on the language in accordance with the purpose for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
PRIVACY CONSENT FORM
Please read below carefully, then sign and date this form to consent to its contents.
As part of *the WORKOUT's publicity and promotional purposes, we photograph and/or record throughout our training activities. As a participant in *the WORKOUT's training activities, you voluntarily consent to allow the use of any photos and/or videos of you taken while participating in any or all *the WORKOUT's activities.
When giving your consent, you should be aware that the photographs and videos may be published for publicity and promotional purposes on prints, internet, and/or any other social media. Reproduction of any of these by third parties may occur and *the WORKOUT has no control over its subsequent use and disclosure; therefore, is not responsible for how it is used after it is published.
I give *the WORKOUT gym consent/permission to use any photos and/or videos that are taken before, throughout, and after their training activities for any publicity purposes which can include, but are not limited to, publications, advertisements (television, newspaper, online advertising, and outdoor advertising), electronic emails, hard-copy prints, and social media. I abide voluntarily and acknowledge that I will not receive any monetary compensation.
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release of liability and contract that I am signing it of my own free will.
DATE SIGNED: July 3, 2020