Concord, NC

ASSUMPTION OF RISK;
WAIVER AND RELEASE OF RIGHTS AND CLAIMS

Entering this Assumption of Risk; Waiver and Release of Rights and Claims (“Agreement”), I recognize and acknowledge that as a recipient of the personal training services provided by Hartshorne Fitness, LLC (“Hartshorne”). 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 free weights, bosu balls, hurdles, rip 60’s, heavy bags, sliders, jump ropes, pull up system, plyo boxes, equalizers, ab wheels, ladders, kettle bells, medicine balls battle ropes 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 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 engage in as the personal training services provided by Hartshorne.

Accordingly, I agree to waive, relinquish, discharge, release, and covenant not to sue Hartshorne, Burn Boot Camp, Inc., 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 (collectively “Hartshorne Parties”), 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 Hartshorne. Notwithstanding the foregoing and any other provision of this Agreement, I do not waive any rights that I may seek redress due to the reckless conduct of third parties or due to the conduct of third parties, which is both intentional and wrongful.

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 Hartshorne 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.

I acknowledge that in no event shall Hartshorne Parties 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 Hartshorne in the preceding twelve (12) months, whether one time or in the aggregate.

I agree to defend, hold harmless, and indemnify Hartshorne Parties for any of their negligent or reckless acts or omissions. I warrant and represent that I have no medical or other condition, which would prohibit me from participating in any of Hartshorne’s programs.

This Agreement constitutes the entire agreement between the parties on the issues contained in this Agreement and supersedes all prior agreements and/or memoranda. This Agreement may only be modified in writing with the written consent of both parties. This Agreement is intended to bind only the parties hereto, and their successors, and may not be assigned by either party without the express written consent of the other.

This Agreement shall be governed by the laws of the State of North Carolina. All parties irrevocably consent that the venue and jurisdiction of any dispute shall lie in Cabarrus County, North Carolina. In the event that a court determines that any provision of this Agreement is invalid, all other provisions shall survive and the Agreement shall be interpreted to fulfill the intent of the Parties as shown in this Agreement.

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. No one has made to me any representations statements, or inducements that change or modify anything written in this Agreement.