IMPORTANT NOTICE!
BEFORE SIGNING THIS ACKNOWLEDGEMENT OF RISK, WAIVER AND RELEASE OF CLAIMS (THIS “AGREEMENT”), YOU MUST READ THIS AGREEMENT VERY CAREFULLY. IF AN ACCIDENT WERE TO OCCUR INVOLVING YOU AND/OR YOUR MINOR/WARD, YOU AND/OR YOUR MINOR/WARD (BY SIGNING THIS AGREEMENT) WOULD BE GIVING UP LEGAL RIGHTS THAT YOU AND/OR MINOR/WARD MIGHT OTHERWISE HAVE. IF YOU DO NOT UNDERSTAND ANYTHING IN THIS AGREEMENT, OR IF YOU OBJECT TO ANY PROVISION CONTAINED IN THIS AGREEMENT, YOU SHOULD NOT SIGN IT AND SEEK ADVICE FROM YOUR LEGAL COUNSEL. REQUESTS FOR MODIFICATIONS TO THIS AGREEMENT MAY BE DIRECTED TO LAUREN NELSON OF TLCPLUS LLC, D/B/A BURN BOOT CAMP (“THE COMPANY”) AT THE FOLLOWING NUMBER: (412)-568-3273.
I recognize and acknowledge that as a recipient of the personal training services provided by the Company, I and/or my minor/ward will periodically engage in strenuous physical activities involving the use of weight training and other exercise equipment such as treadmills, free weights, elliptical machines, exercise bikes, chest presses and squat racks among other equipment, which activities entail the risk of serious and other injuries, including, but not limited to: broken bones, strains, sprains, bruises, concussions, heart attack, viral or other pathogen infection, and in some cases, permanent disability and even death. I am physically sound and have medical approval to proceed with a normal routine of exercise. All exercises will be undertaken by me and/or my minor/ward at my sole risk. I and/or my minor/ward am in good health and have no physical conditions that would be aggravated by my use of any of the equipment or facilities of the Company, nor do I and/or my minor/ward have any physical limitations that would preclude said use. I also understand that severe social and economic loss might result not only from my own actions but also from the actions, inactions or negligence of others, or the condition of the premises or equipment used in connection with such activities. Nevertheless, I agree to assume the risk of injury, damage, or loss regardless of severity that I, my minor/ward, or other family member or kin may sustain as a result of the activities I and/or my minor/ward engage in as the personal training services provided by the Company.
Accordingly, I and/or my minor/ward agree to hold harmless, waive, relinquish, discharge, release, and covenant not to sue the Company or its parent, sister, affiliated and/or subsidiary corporations and related entities, their members, owners, officers, directors, partners, employees, consultants, contractors, advisors, agents, insurers, attorneys and volunteers, from any and all rights, claims of injury, demands, causes of action, damages, liabilities or loss that I, my minor/ward, or other family member may have or that may accrue to me, my minor/ward, or other family members arising out of, connected with, or in any way associated with the personal training services provided by the Company. Notwithstanding the foregoing and any other provision of this Agreement, I and/or my minor/ward do not waive any rights that I and/or my minor/ward may seek redress due to the reckless or intentional conduct of any individual or entity.
I have considered that if this Agreement were not as broad as it is, the cost of the personal training services provided to me and/or my minor/ward by the Company would be considerably higher and I do not wish to pay a considerably higher cost. By signing this Agreement, I waive the right to bargain for different terms in this Agreement. I also understand that if I and/or my minor/ward later learn that any fact that I believed to be true at the time I signed this Agreement is later found to be incorrect, I and/or my minor/ward nevertheless am bound by this Agreement. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. All Parties hereto consent to exclusive venue in the state and federal courts of Allegheny County, Pennsylvania.
In no event shall the Company be liable for any cause of action, claim, damage, demand, expense, fine, investigation, liability, or penalty in excess of the amounts that has been paid to us in the preceding twelve (12) months, whether one time or in the aggregate. I and/or my minor/ward agree to defend, hold harmless, and indemnify the Company for any of my and/or my minor’s/ward’s negligent or reckless acts or omissions.
This Agreement constitutes the entire agreement of the parties hereto, and supersedes all prior oral agreements, and/or memoranda. This Agreement may only be modified in writing with the written consent of all parties. This Agreement is intended to bind only the parties hereto, and their heirs and successors, and may not be assigned by any party without the express written consent of the other. In the event that a court determines that any provision of this Agreement is invalid, all other provisions shall survive.
I have read this Agreement thoroughly and fully understand it. I enter into it voluntarily on behalf of myself, my minor/ward, my spouse, my heirs, next of kin, assigns, personal representatives, related individuals and related entities. No one has made to me any representations statements, or inducements that change or modify anything written in this Agreement.
