This Agreement is entered into between False Summit Strength LLC, and the undersigned ("participant"). The provision of coaching services by False Summit Strength LLC to participants, and participants 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 in-person or online coaching, enter our premises or any other premises or dwelling, use any facility or equipment on our or any other premises for any purpose, 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 False Summit Strength LLC or otherwise, including injuries or damages arising out of the negligence of False Summit Strength LLC, whether active or passive, or any of False Summit Strength LLC coaches, 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, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, 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, aquatic activities, tennis, basketball, volleyball, racquetball, 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 the coach or otherwise. RELEASE: You agree on behalf of yourself ( and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge False Summit Strength LLC ( and coaches, affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of False Summit Strength LLC, whether active or passive, or any of False Summit Strength LLC coaches, 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 coaching, ( 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 coaching, including injuries resulting from coaches 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 False Summit Strength LLC, and or coaches, from any loss, liability, damage, or cost False Summit Strength LLC may incur due to the provision of coaching 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 State of Colorado 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 False Summit Strength LLC offers a service to their clients encompassing the entire recreational and/or fitness spectrum. False Summit Strength LLC 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 False Summit Strength LLC. You acknowledge and agree that False Summit Strength LLC 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. PHOTO / VIDEO RELEASE: You agree that False Summit Strength LLC and or coaches have the right to take photos and or videos that may include you. These photos and or videos can be used by False Summit Strength LLC and or coaches. You willingly agree that potential photos and or videos are property of False Summit Strength LLC and or coaches and can be used publicly. 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 False Summit Strength LLC for coaches negligence, or for any defective product used while receiving coaching from False Summit Strength LLC. 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.
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