In consideration of my use of the exercise equipment and facilities provided by High Altitude Health & Fitness (the “Company”), I expressly agree, on behalf of myself, my heirs, executors, administrators, and successors and assigns, that HAHF LLC and its agents, employees, officers, directors, partners, and successors and assigns shall not be liable for any damages arising from personal injuries (including death) sustained by me, or my guest, in, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of HAHF LLC. By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest, and I hereby fully and forever release and discharge HAHF LLC, its agents, employees, officers, directors, partners, and successors and assigns, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities. I understand that my use of the facilities and equipment may increase my exposure to certain known and unknown viral risks, notwithstanding HAHF LLC best efforts to mitigate against such risks. I understand the scope of this Waiver includes all losses or damages caused by or relating to any virus, bacterium, or other microorganism that is capable of inducing physical distress, illness or disease, including but not limited to COVID-19. I expressly agree to indemnify and hold HAHF LLC harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest. I agree to be solely responsible for the safety and well-being of myself and any guest. I understand that HAHF LLC does not provide supervision, instruction,lifeguards, or assistance for the use of the facilities and equipment. I agree to comply with all rules imposed by HAHF LLC regarding the use of the facilities and equipment. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose. I understand and acknowledge that the use of exercise equipment involves risk of serious injury, including permanent disability and death. I understand and agree that HAHF LLC is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises. I understand and agree that if any portion of this Waiver shall be deemed by a court of competent jurisdiction to be invalid, then the remainder of this Wavier shall remain in full force and effect and the invalid portion shall be enforceable to the extent permitted by law. I HAVE READ THE FOREGOING WAIVER AND RELEASE OF LIABILITY AND VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT. I/We hereby waive and release any and all rights and claims for damages I/We may have against High Altitude Health & Fitness, it’s owners and employees for any and all injuries suffered by me/us in conjunction with my/our participation in the club’s activities. USE OF HIGH ALTITUDE HEALTH & FITNESS IS AT MY/OUR OWN RISK. Today's Date: November 21, 2024 |