Purpose of This Binding Agreement
This is an important legal document. It explains the risks you are assuming by using facilities at JDI Strength, LLC d/b/a JDI Barbell. By reading and signing this document, “You,” the undersigned, (also referred to as “User” or “I”), agree to release and hold JDI Barbell (“JDI,” “Club,” or “We”) harmless from, and assume all responsibility for, all claims, demands, injuries, damages, actions or causes of action to persons or property, arising out of or connected with your use of JDI facilities, premises, or services.
You represent: (a) that you understand that use of JDI premises, facilities, equipment, services and programs includes an inherent risk of injury to persons and property; and (b) that you are in good physical condition and have no disabilities, illnesses, or other conditions that could prevent you from exercising and using JDI equipment/facilities without injuring yourself or impairing your health.
B. Express Assumption of All Risks
You represent and acknowledge that you understand and appreciate all of the risks associated with your participation in various activities at JDI and in the use of equipment/facilities at JDI, including the risks of injury, disability, and death. Knowing and appreciating all of these risks, you knowingly and intelligently determine to expressly assume all risks associated with all of your activities and use of equipment/facilities at JDI.
You understand and are aware that strength, flexibility and aerobic exercise, including the use of equipment, is a potentially hazardous activity. You also understand that fitness activities involve the risk of injury and even death, and that you are voluntarily participating in these activities and using equipment and machinery with knowledge of the dangers involved. You also understand that injuries may occur as a result of equipment that may malfunction or break, and slip, fall, or dropping of weights, and/or negligent use or supervision. You hereby agree to expressly assume and accept any and all risks of injury or death including those related to your use of or presence at this facility, your use of equipment, and your participation in activity, including those risks related to the ordinary negligence of those released by this Agreement and including all claims related to ordinary negligence in the selection, purchase, setup, maintenance, instruction as to use, and use and/or supervision of use, if any, associated with all equipment and facilities.
C. Agreement and Release of Liability
In consideration of being allowed to participate in the activities and programs of JDI and to use its equipment/facilities and machinery in addition to the payment of any fee or charge, you also hereby waive, release, and forever discharge JDI and its directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, and all others from any and all responsibilities or liability from injuries or damages resulting from your participation in any activities or your use of equipment/facilities or machinery in the above-mentioned activities. You do also hereby release all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury or damage to yourself, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with your participation in any activities of JDI. This provision shall apply to ordinary acts of negligence but shall not apply to gross acts/omissions of negligence, willful or wanton acts/omissions, or those of an intentional/criminal nature.
D. Loss or Theft of Property
JDI is not responsible for lost or stolen articles. You should keep any valuables with you at all times while using the facilities. Storage space or lockers do not always protect valuables. Consequently, by executing this Agreement and any accompanying documents, you do hereby agree to assume all responsibility for your own property. By the execution hereof, you expressly, on behalf of yourself and any dependents, do hereby knowingly agree to forego, waive, release, and prospectively give up any right to institute any claim or action against JDI relating to lost or stolen property, including property lost or stolen due to the negligent act or omission of JDI. You agree to indemnify and save JDI and all of its personnel harmless from any action, claim, suit, or subrogated claim or suit instituted at any time hereafter against JDI related to the theft or loss of your or your dependents’ property at JDI. JDI shall be indemnified by you for all costs, expenses, fees, including attorney fees, incurred by JDI or its personnel by reason of any such action.
E. Photography and Audio/Video Recording
You hereby give JDI permission to videotape, photograph, and/or record, or to hire someone to videotape, photograph, or record your image or likeness. You understand that such images or recordings may be used or reprinted at the sole discretion of JDI.
F. Applicable Law
This Agreement shall be interpreted according to the laws of the State of New York. If any part of this Agreement should ever be determined by a court of final jurisdiction to be invalid, the remaining portions hereof shall be deemed to be valid and enforceable.
I have read and received a completed copy of this Agreement and all of its Exhibits, as well as any Rules and Regulations of JDI which are incorporated herein by reference. I agree to be bound by the terms and conditions of the Agreement and the Rules and Regulations of JDI, as same exist or as same may be amended from time to time hereafter.
Date: November 22, 2019