This ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT (this “Agreement”) is entered into between Lake Nona H&W Operations, LLC, a Florida limited liability company and its respective subsidiaries, affiliates, directors, officers, members, managers, employees, agents, successors and assigns (collectively, “Operator”) and the undersigned guest of Operator voluntarily participating in the Program (“Guest”).
1. Release and Waiver: Guest, on his/her behalf and on behalf of his/her personal representatives, heirs, executors, successors and assigns, does hereby releases and forever discharges and holds harmless Operator from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from Guest’s: (a) voluntary participation in the Program at the Lake Nona Performance Club (“LNPC”); (b) entry into or upon the premises and facilities of Operator or other premises and facilities utilized for the Program, (c) use of any equipment, machinery, apparatuses or facilities related to the Program; (d) participation in any other program or activity offered by Operator but conducted outside the Program and/or facilities of Operator; or (e) the actions of other individuals, which are not attributable to the Operator (collectively, the “Services”). Guest understands that this Agreement discharges Operator from any liability or claim that Guest, or any of Guest’s heirs, executors, administrators, and assigns may have, against the Operator, with respect to bodily injury, personal injury, illness, death, or property loss or damage that may result from any of the Services, whether caused by the negligence of Operator or otherwise. Guest also understands that Operator does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness, for Guest for any reason.
2. Medical Treatment: Guest does hereby release and forever discharge Operator from any and all claims whatsoever which may arise on account of any first aid, treatment, or services rendered in connection with Guest’s use of the Program and/or the Services.
3. Assumption of Risk: Guest understands that there are possible risk and inherent dangers associated with the participation in the Program and other Services, including, but not limited to, transient dizziness, fainting, nausea, muscle cramping, musculoskeletal injury and trauma, sprains and strains, heart attack, stroke or death. Guest hereby assumes full responsibility for any and all injuries or damages arising from those risks.
4. Representations: Guest understands that any strength, flexibility, sports and aerobic exercises, including the use of climbing apparatuses, exercise equipment and other equipment used in the Program or at the LNPC involves risk of injury. Guest represents that Guest is physically able to participate in the Program and/or other Services and that Guest will not extend himself/herself beyond his/her abilities, or if Guest does so, it will be at his/her own risk. Guest has been informed by Operator that he/she should consult with a physician concerning his/her current physical condition and should periodically update his/her physical condition with a physician. Guest has either obtained his/her physician’s approval or has decided to participate in the Services without obtaining the advice of a physician. Guest understands and agrees that a physician will not be present during the Services.
5. Indemnification: Guest hereby agrees to indemnify and hold harmless Operator from any loss, liability, damage or costs (including reasonable attorneys’ fees) as a result of claims arising from or related to the provision of the Program and/or other Services to Guest by Operator.
6. Miscellaneous: Guest acknowledges and agrees that this Agreement (a) constitutes the entire agreement between the parties relating to the subject matter thereto and supersedes any oral or other written understanding regarding the content thereto; (b) may only be modified or amended in writing signed by the party to be bound; (c) will be governed by the laws of the State of Florida, and will be subject to all applicable federal and state statutes and regulations thereunder; (d) if ruled invalid or unenforceable as applied to any party or circumstance, all other provisions of this Agreement will remain valid and enforceable as applied to all other parties and circumstances and (e) in the event that the terms of this Agreement conflicts with any agreement, waiver or otherwise between the parties, the terms of this Agreement shall control.
By signing below, Guest understands and agrees that he/she will be fully responsible for complying with all rules and regulations currently in place or otherwise prescribed by the Operator and LNPC, and any additional agreements or amendments prescribed by the Operator and the LNPC.
Date: February 6, 2023
* Signature of parent or guardian is required if Guest is under the age of 18.
** Failure to sign will preclude Guest from any activity or event at the LNPC.