This Agreement is entered into between Strong(H)er Fast(H)er , its members, officers, employees, successors and assigns (collectively “SHFH”) and the undersigned (“Client”). The provision of strength and conditioning (physical activity) services by SHFH to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.
ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, partner training, small group training, and/or clinics, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by SHFH or otherwise, including injuries or damages arising out of any act or the negligence of SHFH, whether active or passive, or any of SHFH’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, sidewalks, parking lots, stairs, or other general areas, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, tennis, basketball, volleyball, soccer or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of SHFH or otherwise.
LIMITATION OF LIABILITY: Client hereby agrees that, to the fullest extent permitted by law, SHFH's total liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the service or this Agreement from any cause or causes including but not limited to any act or negligence by SHFH, errors, omissions, strict liability, breach of contract or breach of warranty shall not exceed the total amount of $100.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge SHFH (and SHFH’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of any act or negligence of SHFH, whether active or passive, or any of SHFH’s affiliates, employees, agents, representatives, successors, and assigns. 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 facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, partner training, group training, and/or clinics (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from fitness training, including injuries resulting from SHFH’s or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless SHFH from any loss, liability, damage, or cost SHFH may incur due to the provision of personal training and/or team coaching by SHFH to you.
ACKNOWLEDGMENTS: You expressly agree 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 New Mexico (NM), Client agrees that NM law should control not withstanding NM law principles, 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 acknowledge that SHFH or SHFHs employees offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. SHFH, or SHFH employees, is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by SHFH or employees. You acknowledge and agree that SHFH or SHFHs employees does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts.
You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against SHFH or SHFH’s employees any act or negligence, or for any defective product used while receiving personal training and/or coaching from SHFH trainers/coaches. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
Date: July 16, 2019