ASSUMPTION OF RISK; WAIVER AND RELEASE OF RIGHTS AND CLAIMS
BEFORE SIGNING THIS ACKNOWLEDGEMENT OF RISK, WAIVER, AND RELEASE OF CLAIMS (HEREIN THE "AGREEMENT"), YOU MUST READ THIS AGREEMENT CAREFULLY AND THOROUGHLY. IF AN ACCIDENT WERE TO OCCUR INVOLVING YOU AND/OR YOUR MINOR/WARD, BY SIGNING THIS AGREEMENT YOU AND/OR YOUR MINOR/WARD GIVE UP LEGAL RIGHTS THAT YOU AND/OR YOUR MINOR/WARD MIGHT OTHERWISE HAVE. IF YOU DO NOT UNDERSTAND ANYTHING IN THIS AGREEMENT, OR IF YOU OBJECT TO ANY PROVISION CONTAINED, HEREIN, YOU SHOULD SEEK ADVICE FROM LEGAL COUNSEL PRIOR TO SIGNING.
I recognize and acknowledge that as a recipient of the personal training services provided by Williams Fitness I, LLC d/b/a Burn Boot Camp located in Cary, NC (herein “BBC”) that I, and/or my minor/ward, will periodically engage in strenuous physical activities involving the use of weight training and other exercise equipment including, without limitation, treadmills, free weights, elliptical machines, exercise bikes, chest presses and squat racks, which activities entail the risk of serious injury including, without limitation, broken bones, strains, sprains, bruises, concussions, heart attack, viral or other pathogen infection, and even permanent disability or death. 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 may sustain as a result of the activities I engage in as the personal training services provided by BBC.
Accordingly, I agree to waive, relinquish, discharge, release, and covenant not to sue BBC including, without limitation, its parent, sister, affiliated and/or subsidiary corporations and related entities, its 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 BBC. Notwithstanding the foregoing and any other provision of this Agreement, I do not waive any rights that I may seek redress due to the willful or intentional misconduct of others or due to the conduct of others.
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 BBC would be considerably higher and I do not wish to pay a considerably higher cost. By signing this Agreement, I acknowledge that this Agreement includes a waiver of various rights that I and/or my minor/ward might otherwise have and that I fully understand the legal effect of the assumption of risk and waiver and release of rights and claims set forth herein.
In no event shall BBC be liable for any cause of action, claim, damage, demand, expense, fine, investigation, liability, or penalty in excess of the amounts that I paid to BBC in the preceding 12 months, whether one time or in the aggregate, and in no way shall this include any consequential and/or exemplary damages.
I agree to defend, hold harmless, and indemnify BBC for any damages, expenses, or liabilities of any sort caused, or claimed to be caused, by my acts, omissions, negligence, reckless, willful, or intentional conduct.
No failure or delay by either party in exercising any right, power or privilege under this Agreement shall operate as a waiver, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power or privilege under this Agreement.
This Agreement constitutes the entire Agreement related to the issues set forth herein only, and supersedes all prior written and/or oral agreements, representations and/or understandings related to the same. This Agreement may only be modified in writing with the written consent of BBC and I, and is intended to bind BBC and I, and their successors, and may not be assigned without the express written consent of the other party. This Agreement is binding upon and shall inure to the benefit of the BBC and I, and their respective heirs, successors, and assigns.
I am of legal age, sound mound, and have read this Agreement thoroughly and fully understand it. I enter into it voluntarily on behalf of myself, my spouse, my child, and any other person that could make a claim related to the issue set forth herein only.
