I recognize and acknowledge that as a recipient of the personal training and any other goods and services provided by BBC HYDE PARK, LLC. I and/or my minor/ward will periodically engage in strenuous physical activities involving the use of weight training and other exercise equipment, including but not limited to treadmills, free weights, weight lifting machines, 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 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 all risks of injury, death, 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 or my minor/ward engage in at the premises of and/or using the the personal training services or any other goods and services provided by BBC HYDE PARK LLC.
Accordingly, I hereby waive, relinquish, discharge, release BBC HYDE PARK, LLC and its parent, sister, affiliated and/or subsidiary corporations and related entities, their members, managers, owners, officers, directors, partners, employees, consultants, contractors, advisors, agents, insurers, attorneys and volunteers, and any other persons affiliated therewith, from, and covenant not to sue any of the foregoing persons or entities or, 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 use of the facilities or premises of, and the personal training services or others services or goods provided by, BBC HYDE PARK, LLC including without limitation any negligence, gross negligence or recklessness of any of the foregoing released persons or entities. Notwithstanding the foregoing and any other provision of this Agreement, I do not waive any rights that I may have due to the intentionally and willfully wrongful conduct of others.
I have considered that if this Agreement were not as broad as it is, the cost of the personal training and other goods and services and use of the facilities provided to me and/or my minor/ward by BBC HYDE PARK, LLC 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 later learn that any fact that I believed to be true at the time I signed this Agreement is later to be found incorrect, I nevertheless am bound by this Agreement.
In no event shall BBC HYDE PARK, LLC be liable to the undersigned or his or her minor/ward for any cause of action, claim, damage, demand, expense, fine, investigation, liability, or penalty in excess of the amounts that the undersigned or his or her minor/ward have id paid to BBC HYDE PARK, LLC in the 12 months preceding the date any such claim arises, whether one time or in the aggregate.
I hereby agree to defend, hold harmless, and indemnify BBC HYDE PARK, LLC and its parent, sister, affiliated and/or subsidiary corporations and related entities, their members, managers, owners, officers, directors, partners, employees, consultants, contractors, advisors, agents, insurers, attorneys and volunteers, and any other persons affiliated therewith for any damages or claims arising out of my or my minor/ward’s intentionally wrongful, negligent or reckless acts or omissions. I hereby warrant and represent that neither I nor my minor/ward have any medical or other conditions, which would prohibit me or my minor/ward from participating in any of the programs of BBC HYDE PARK, LLC
This Agreement is executed and delivered in, and shall be construed and interpreted in accordance with, the laws of the Commonwealth of Kentucky, without regard to or application of its conflicts of laws principles. The parties agree and hereby submit to the exclusive personal jurisdiction and venue of the state courts of Fayette County, Kentucky, or the United States District Court for the Eastern District of Kentucky, as applicable, with respect to such matters. Each party waives any rights it may have to transfer or change the venue of any such litigation. Each party hereby waives any right to a jury trial in any litigation arising out of or relating to this Agreement or the goods or services provided by BBC HYDE PARK, LLC In the event that a court determines that any provision of this Agreement is invalid, all other provisions shall survive and this Agreement shall be interpreted and enforced to effectuate the overall intent of the Parties as expressed herein
I have read this Agreement thoroughly and fully understand it. I enter into it voluntarily on behalf of myself, my spouse, my heirs, next of kin, assigns, personal representatives, related individuals and related entities and my minor/ward. No one has made to me any representations statements, or inducements that change or modify anything written in this Agreement.
Name_____________________________________________________________________DOB_____________________________
Signature__________________________________________________________ Date_____________________________________
