Release, Liability Waiver & Indemnity Agreement PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE SIGNING. LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE CLASS, APPOINTMENT, OR EVENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ AND FULLY UNDERSTOOD THE AGREEMENT AND AGREE TO THE TERMS SET FORTH BELOW. In consideration of being permitted to register and/or participate in, including without limitation by observing, the activities for which you are registering (the "Class, Appointment, or Event"), on behalf of yourself and any personal representatives, assigns, heirs, executors, successors and next of kin, you understand, agree, warrant and covenant as follows: Express assumption of risk: I, the undersigned, am aware that there are significant risks involved in any physical training regimen. These risks include, but are not limited to: falls which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment. Injury may also result simply from the fact of physical training itself. By its very nature, physical training seeks to have me push beyond my limits in order to produce a physical adaptation by my body. This requires feedback from me to my trainer regarding what is happening with my body. Excessive work can result (in rare cases) in exertional rhabdomyolysis. I should look for signs of excessive soreness, darkened urine, and pain in the kidney areas in the days following a particularly intense workout. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while training with Amaranthine Fitness LLC, at any location.I understand and accept that I use any and all equipment and facilities “as is” and at my own risk and peril and I hold Amaranthine Fitness LLC harmless from any and all consequences therefrom, including, but not limited to, injury, malady, loss and death regardless of the cause. I further understand that said use is voluntary and by my own choice, and I may refuse said use and/or request the use or application of alternative equipment and facilities, although Amaranthine Fitness LLC is not obligated either to provide alternate accommodations or to compensate me for its refusal to do so. If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this Agreement and Waiver on their behalf and by proceeding with registration for the Class, Appointment, or Event, you agree that the terms of this Agreement and Waiver shall apply equally to all of the Registered Parties. To the extent permitted by law, each person agreeing to this Agreement and Waiver for him/herself and/or on behalf of another Registered Party (including, without limitation, any minor) agrees to indemnify, defend, and hold Amaranthine Fitness LLC harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys' fees) of any kind or nature (each, a "Liability" and collectively "Liabilities") in the event the Liability arises because a Registered Party is found by a court of competent jurisdiction to not be bound by the terms and conditions of this this Agreement and Waiver. In addition, if, despite this Agreement and Waiver, any of the Registered Parties makes a claim against Amaranthine Fitness LLC, you agree, immediately upon request or demand by Amaranthine Fitness LLC, to defend, indemnify and hold Amaranthine Fitness LLC, harmless from all Liabilities which may be incurred as the result of such claim. Release: In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities available at Amaranthine Fitness LLC, I, the undersigned hereby release Amaranthine Fitness LLC, their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with Amaranthine Fitness LLC to administer first aid, CPR, or AED deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child. Indemnification: The participant recognizes that there is risk involved in the types of activities offered by Amaranthine Fitness LLC. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Amaranthine Fitness LLC, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by Amaranthine Fitness LLC. I further expressly agree that this agreement is intended to be as broad and inclusive as permitted by law. Any portion that is uncertain or challenged as to its validity or enforceability shall be interpreted so that it most closet reflects the intent of the parties in entering into this agreement, to the greatest extent permitted by law. Otherwise, if any portion herein is held invalid or otherwise legally unenforceable by a court of competent jurisdiction, both Amaranthine Fitness LLC and I agree that the remainder of this agreement shall remain in full force and effect. SHould any legal dispute arise out of this agreement, or regarding any subject matter contained herein, I agree to pay for all attorney’s fees and costs reasonably incurred by Amaranthine Fitness LLC in defense of any such dispute. I agree to hold Amaranthine Fitness LLC harmless and reimburse Amaranthine Fitness LLC for any and all costs incurred on my behalf. Recurring Month to Month Charge Agreement This recurring charge is to cover the cost of the monthly membership and the credit card processing fee to Amaranthine Fitness LLC. I authorize Amaranthine Fitness LLC to charge and keep my credit card on file for the membership option I selected. I acknowledge that my credit card will be charged on the specified date monthly. I understand that the terms of this authorization will remain in effect until I request that they be terminated. I acknowledge that I will receive a receipt for each charge made and that no prior notification is needed unless the date or amount of a charge is subject to change, in which case, Amaranthine Fitness LLC must notify me of such changes. If Amaranthine Fitness LLC changes the charge date, amount, and or frequency, I will be notified by either phone call, email, text, or in person for m y permission to make said changes. I understand Amaranthine Fitness LLC will not make any changes to the charge amount, the charge date or frequency without my verbal and or written permission. I understand if I do not give Amaranthine Fitness LLC permission to make said changes to my membership and account in a timely manner that my membership may otherwise be revoked, canceled, suspended or terminated. Video and Photo Release Agreement I hereby grant and authorize Amaranthine Fitness LLC the right to take, edit, alter, copy, exhibit, publish, distribute, and make use of any and all videos and photos taken of me to be used in and/or for any lawful purpose. This authorization extends to all languages, media, formats, and markets now known or later discovered. This authorization shall continue indefinitely, unless I otherwise revoke this authorization is writing. I waive the right to inspect or approve any finished product in which my likeness appears. I agree that I have been compensated for this use of my likeless or have otherwise agreed to this release without being compensated. I waive any right to royalties or other compensation arising or related to the use of the videos and photos. I understand and agree that these materials shall become the property of Amaranthine Fitness LLC and may not necessarily be returned. I hereby hold harmless and release Amaranthine Fitness LLC from all liability, petitions and causes of action which I, my heirs, representatives, executors, administrators, or any other persons may make while acting on my behalf or on behalf of my estate. Right to Refuse Service Policy Amaranthine Fitness LLC reserves the right to, in our sole discretion, temporarily suspend or deactivate your membership, or to permanently end your membership. Amaranthine Fitness LLC reserves the right to refuse service to anyone, for any reason, and at any time. Cancellation Policy You may contact Amaranthine Fitness LLC to cancel any membership at any time. There are no long term membership contracts at Amaranthine Fitness LLC. The request to cancel must be made at least seven days in advance of the next scheduled charge date to ensure that you are not charged again. You will not be charged a cancellation fee by Amaranthine Fitness LLC. Refund and Cancellation Policy Amaranthine Fitness LLC is a month to month membership. Amaranthine Fitness LLC will not issue a refund regardless of attendance to functional fitness classes. You may contact Amaranthine Fitness LLC to dispute, cancel, or change your membership at any time. If your card is declined while enrolled in a month to month membership at Amaranthine Fitness LLC, you will be notified via email, text, or in person. Amaranthine Fitness LLC will do its best to accommodate you and your specific situation. You will not be charged a late payment fee by Amaranthine Fitness LLC, however, if you continuously cannot pay the due payment in a timely manner, Amaranthine Fitness LLC will suspend, revoke, or cancel your membership. I have read this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement, fully understand its terms, understand that I give up substantial rights by signing it and have signed it freely and voluntarily without any coercion, inducement, assurance, or guarantee being made to me and intend my signature to be a complete and unconditional release of all liability from Amaranthine Fitness LLC to the fullest extent permitted by law. Today's Date: April 3, 2025
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