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Express Assumption of Risk and Release of Liability Agreement

GILSON STRENGTH CONDITIONING, LLC

ASSUMPTION OF RISK, RELEASE OF LIABILITY & 24/7 ACCESS AGREEMENT

By reading and signing this Agreement, the undersigned (“Member,” “You,” or “I”) acknowledges and agrees to the terms contained herein concerning participation in activities and use of the facilities, equipment, programs, and services of Gilson Strength Conditioning, LLC (“GSC”).

This Agreement and Release is intended for the benefit of GSC, its owners, directors, officers, employees, coaches, agents, representatives, independent contractors, successors and assigns, as well as other users of the facility and MC LAND HOLDINGS, LLC, owner of the premises, each of whom shall be considered a released party and third-party beneficiary of this Agreement where applicable.

ASSUMPTION OF RISK

I understand and acknowledge that participation in strength training, conditioning, athletic training, wrestling-related training, exercise, and other physical activities, and use of GSC's premises, equipment, facilities, programs, and services involve inherent and other risks of injury.

These risks include, but are not limited to:

  • Injuries resulting from the use, misuse, malfunction, movement, loading, unloading, or failure of exercise equipment, free weights, racks, machines, bars, plates, mats, flooring, and other equipment or facilities;
  • Injuries caused by my own actions or inactions or those of other members, participants, guests, coaches, or other persons;
  • Slips, trips, falls, collisions, falling equipment or weights, and accidental injuries occurring anywhere on the premises;
  • Sprains, strains, fractures, dislocations, torn muscles, tendons or ligaments, head injuries, and other orthopedic injuries;
  • Overexertion, dehydration, heat-related illness, dizziness, loss of consciousness, or other medical events;
  • Heart attack, sudden cardiac arrest, stroke, or other serious medical conditions;
  • Injuries arising from participation in supervised or unsupervised activities; and
  • Serious injury, permanent disability, paralysis, or death.

I knowingly and voluntarily assume the risks associated with my participation in activities and my use of GSC's premises, facilities, equipment, programs, and services, whether such use occurs during staffed, supervised, unstaffed, or unsupervised hours.


HEALTH AND PHYSICAL CONDITION

I represent that I am physically capable of participating in the activities I choose to perform at GSC.

I understand that it is my responsibility to consult with an appropriate physician or healthcare professional regarding my ability to participate in exercise or athletic activities when appropriate.

If I have an injury, medical condition, physical limitation, or other circumstance that may affect my safe participation, I accept responsibility for determining whether participation is appropriate and for informing GSC personnel when assistance or modification is requested.

I understand that GSC does not provide medical advice and that participation in any activity or use of equipment is voluntary.


24/7 GYM ACCESS & UNSTAFFED HOURS

GSC may provide eligible members with access to the facility outside of staffed or supervised hours (“Unstaffed Hours”).

I understand and acknowledge that during Unstaffed Hours, no GSC employee, coach, trainer, or other staff member may be physically present at the facility.

I understand that exercising without direct supervision creates additional risks. These include situations involving injury, equipment-related accidents, falls, loss of consciousness, cardiac events, medical emergencies, criminal activity, or other circumstances in which another person may not be immediately available to provide assistance.

Emergency response, first aid, or discovery of an injury or medical emergency may be delayed when the facility is unstaffed or when I exercise alone. I understand that such delay could increase the severity of an injury, illness, disability, or medical condition and, in extreme circumstances, could contribute to death.

GSC strongly encourages members to exercise with another person when appropriate and to consider the additional risks before choosing to exercise alone.

I voluntarily choose whether to use GSC during Unstaffed Hours and knowingly assume the additional risks associated with exercising in an unstaffed or unsupervised facility to the fullest extent permitted by Pennsylvania law.


EMERGENCY PROCEDURES & SAFETY EQUIPMENT

I agree to familiarize myself with all emergency procedures, instructions, emergency exits, and emergency or safety equipment made available by GSC before utilizing the facility during Unstaffed Hours.

Where applicable, GSC will provide members with information or instructions concerning the location and use of emergency and safety equipment available at the facility.

In the event of a medical, fire, security, or other emergency, I understand that I should contact 911 and/or utilize the emergency equipment or communication devices provided at the facility as appropriate.

I understand that the presence of an automated external defibrillator (AED), emergency communication device, panic or security device, surveillance system, access-control system, telephone, or other emergency or safety equipment does not guarantee that:

  • Another person will be present to assist me;
  • GSC personnel are monitoring the facility in real time;
  • An emergency will immediately be discovered;
  • Emergency equipment will be utilized by another person; or
  • Emergency responders will arrive within any particular period of time.

I agree not to tamper with, disable, damage, remove, misuse, or interfere with any emergency, security, surveillance, fire-protection, access-control, or safety equipment.

24/7 MEMBER RESPONSIBILITY

I understand that I am responsible for determining whether I am capable of exercising safely without direct supervision.

During Unstaffed Hours, I agree to:

  • Follow all posted facility rules and safety instructions;
  • Use equipment only for its intended purpose;
  • Exercise within my abilities and experience;
  • Follow all emergency procedures;
  • Immediately report damaged or unsafe equipment to GSC;
  • Refrain from intentionally creating unsafe conditions; and
  • Contact emergency services when circumstances reasonably require emergency assistance.

I understand that my ability to access GSC 24/7 does not mean that GSC recommends or represents that exercising alone is free from additional risk.


KEY FOB & FACILITY ACCESS

24/7 access is provided solely to the individual member to whom the access credential, key fob, key, code, or other access method is issued.

I agree that I will not lend, transfer, share, duplicate, or otherwise permit another person to use my access credential.

I will not permit or assist unauthorized individuals, nonmembers, guests, friends, or family members to enter GSC during Unstaffed Hours unless expressly authorized by GSC.

I understand that allowing another person to enter behind me does not make that person's entry authorized.

I am responsible for ensuring that exterior doors close and secure behind me when entering and leaving the facility.

I will not prop open, defeat, disable, bypass, obstruct, or interfere with any exterior door, locking mechanism, access-control device, alarm, surveillance equipment, or security system.

I will promptly notify GSC if my access credential is lost, stolen, damaged, or otherwise compromised.

GSC reserves the right to suspend or permanently revoke 24/7 access for violations of these policies, unsafe conduct, misuse of the facility, unauthorized entry, sharing of access credentials, or conduct that creates a safety or security risk.

SECURITY, VIDEO SURVEILLANCE & ACCESS RECORDS

I understand and acknowledge that GSC may utilize video surveillance, electronic access-control systems, key-fob access records, alarm systems, and other security measures for purposes including facility security, safety, access control, incident investigation, rule enforcement, and protection of GSC, its members, and property.

I understand that security cameras and other security systems do not constitute continuous live monitoring of the facility.

The presence of cameras, alarms, access-control systems, or other security measures does not mean or guarantee that GSC personnel are observing the facility at any particular time or that GSC will immediately become aware of an injury, medical emergency, criminal activity, unauthorized entry, or other incident.

Security and surveillance systems are not substitutes for emergency services. In an emergency, I understand that I should contact 911 and/or utilize available emergency equipment as appropriate.


ACKNOWLEDGMENT OF UNSTAFFED ACCESS

PLEASE READ AND INITIAL THIS SECTION

By initialing below, I specifically acknowledge that:

  1. GSC may operate without employees, coaches, trainers, or other staff physically present during certain hours;
  2. I voluntarily choose whether to access and use GSC during those Unstaffed Hours;
  3. I understand that exercising without supervision involves additional risks, including the possibility that an injury or medical emergency may not be immediately discovered;
  4. I understand that emergency response or assistance may be delayed;
  5. Before using the facility during Unstaffed Hours, I agree to review the location and use of emergency and safety equipment and instructions made available by GSC;
  6. I understand that exercising alone during Unstaffed Hours may pose additional health and safety risks;
  7. I have received or have been given access to GSC's rules and instructions governing 24/7 and Unstaffed Hours; and
  8. I voluntarily accept responsibility for complying with these requirements and assume the risks associated with using the facility during Unstaffed Hours.


AGREEMENT & RELEASE OF LIABILITY

In consideration for being permitted to participate in activities or programs offered by GSC and/or to enter and use GSC's premises, facilities, equipment, services, and programs, I knowingly and voluntarily assume the risks described in this Agreement.

To the fullest extent permitted by Pennsylvania law, I hereby release, waive, and forever discharge GSC and the other released parties identified in this Agreement from claims, demands, causes of action, liabilities, damages, or losses arising from or related to my participation in activities or my use of GSC's premises, facilities, equipment, programs, or services, including claims arising from the ordinary negligence of a released party.

This release includes, to the fullest extent permitted by law, claims involving personal injury, property damage, disability, or death arising from or connected with my participation in activities or use of the premises, facilities, equipment, programs, or services.

Nothing in this Agreement is intended to release any claim that cannot lawfully be released or waived under Pennsylvania law.

PERSONAL PROPERTY

I understand that I am responsible for protecting my personal property while at GSC.

GSC does not assume responsibility for lost, stolen, misplaced, or damaged personal property to the fullest extent permitted by law.

I agree not to leave valuables unsecured and understand that cameras, access-control systems, lockers, storage areas, or other security measures do not guarantee the security of my belongings.


FACILITY RULES

I agree to comply with GSC's posted and communicated rules, policies, procedures, safety requirements, and reasonable instructions.

I understand that these rules may be updated when reasonably necessary for facility operation, security, member safety, or legal compliance.

Violation of facility rules may result in suspension or termination of facility privileges or 24/7 access, subject to the terms of my membership agreement and applicable law.


GOVERNING LAW & SEVERABILITY

This Agreement shall be interpreted and governed according to the laws of the Commonwealth of Pennsylvania.

If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be severed or limited to the extent necessary, and the remaining provisions shall remain in full force and effect.

MEMBER ACKNOWLEDGMENT

I acknowledge that I have carefully read this Agreement and understand its contents.

I understand that this Agreement contains an assumption of risk and release of liability, including a release concerning claims based upon ordinary negligence to the fullest extent permitted by Pennsylvania law.

I understand that by signing this Agreement I may be giving up substantial legal rights.

I acknowledge that I have had the opportunity to ask questions regarding this Agreement before signing it.

I voluntarily agree to its terms.


First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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