Although there are distinct benefits to exercise in terms of quality and enjoyment of life, strenuous exercise is not without risk to the musculoskeletal and cardiovascular systems. Before using the facilities of the Center, you and your physician should decide on the appropriateness of exercise given your known risk factors and current state of health. If an exercise feels awkward or causes pain, stop and consult your physician. Pain, discomfort and anxiety have no place in sound fitness activity. I have read this paragraph and this Agreement and I understand it. I take full responsibility for maintaining an appropriate exercise program, knowing my risk factors and current state of health. In consideration for being permitted to use the Center's services and facilities, and to engage in exercise activities, including use of all Center facilities (hereinafter collectively referred to as "exercise activities") I hereby agree as follows:
1. I HEREBY RELEASE AND DISCHARGE the Center, its directors, officers, agents, employees and instructors, and all the equipment located at the Center (hereinafter referred to collectively as the "Released Parties") from any and all liability, claims, demands or causes of action that I may hereinafter have for injuries and damages arising out of my participation in exercise activities including, but not limited to, losses CAUSED BY NEGLIGENCE OF THE RELEASED PARTIES.
2. I further agree that I WILL NOT SUE OR MAKE A CLAIM against the Released Parties for damages or other losses sustained as a result of my participation in exercise activities.
3. I also agree to INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES from all claims, judgments and costs, including attorney's fees, incurred with any lawsuit brought as a result of my participation or, in the case of family memberships, my family's participation, in exercise activities, INCLUDING ACTIONS BASED UPON THE NEGLIGENCE OF THE RELEASED PARTIES.
4. I understand that exercise activities have inherent dangers that no amount of care, caution, instruction or expertise can eliminate. So I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN EXERCISE ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.
5. CLIENT SHALL PAY THE CENTER, ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND INSTRUCTORS, ITS COSTS AND EXPENSES INCLUDING ATTORNEY'S FEES PAID OR INCURRED IN ENFORCING THE TERMS STATED ABOVE.
6. I consent that the Center is allowed to use pictures and/or video that I may be present in for marketing purposes via print, website, cable tv and social media. YES, I want to receive information and offers from NXGen Fitness Center by automatic-dialed text messaging at the number provided. I understand I am not required to agree to receive these text messages as a condition of becoming a member or purchasing any property, goods, or services. I understand I can opt out at any time by responding with STOP to any text message.
7. The undersigned accepts responsibility for all property damage caused by themselves or their guests. The Center, in its sole reasonable discretion, shall determine whether any property damages result from ordinary wear and tear. The Center shall not be responsible or liable to members and their guest for property damaged, lost or stolen on Center premises and all personal property of a member is maintained on the Center premises at the sole risk of the member.
8. I ACKNOWLEDGE THAT I CAREFULLY READ AND INITIALED THESE INFORMED CONSENT PROVISIONS, ACKNOWLEDGE THAT I FULLY UNDERSTAND THEM AND SIGN THIS AGREEMENT OF MY OWN FREE WILL .