BEFORE SIGNING THIS ASSUMPTION OF RISK; WAIVER AND RELEASE OF CLAIMS (THIS “AGREEMENT”), YOU MUST READ THIS AGREEMENT VERY CAREFULLY. IF AN ACCIDENT WERE TO OCCURE 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 BUT SHOULD SEEK ADVICE FROM YOUR LEGAL COUNSEL. NO PERSON OTHER THAN AN OWNER (MEMBER) OF J.A.M.M. FITNESS, LLC D/B/A BURN BOOT CAMP, MAY AGREE TO MODIFY THIS AGREEMENT. YOU MAY NOT ENTER OR PARTICIPATE IN ANY BURN BOOT CAMP ACTIVITIES UNTIL YOU HAVE SIGNED THIS AGREEMENT. REQUESTS FOR MODIFICATIONS TO THIS AGREEMENT MAY BE SUBMITTED TO THE REGISTERED AGENT FOR J.A.M.M. FITNESS, LLC.
recognize and acknowledge that as a recipient of the personal training services provided by J.A.M.M. Fitness, LLC d/b/a Burn Boot Camp (hereinafter referred to as “Burn Boot Camp”) 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, 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. This Agreement and the waiver below is intended to cover all areas of the Premises, including but not limited to, the exercise area, restrooms, locker rooms, showers, saunas, spas, food service areas, child care area, entry ways, and other auxiliary areas. Nevertheless, I agree to assume the risk of injury, damage, or loss, regardless of severity, that I, my minor/ward, other family members, or kin may sustain as a result of the activities I/we engage in provided by Burn Boot Camp.
Accordingly, I agree to waive, relinquish, discharge, release, and covenant not to sue Burn Boot Camp or its parent, sister, affiliated and/or subsidiary corporations and related entities, successors or assigns, 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 or other services provided by the Burn Boot Camp. In no event shall we (Burn Boot Camp) be liable for any cause of action, claim, damage, demand, expense, fine, investigation, liability, or penalty in excess of the amounts that you paid to us in the preceding 12 months, whether one time or in the aggregate. 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 others or due to the conduct of others, 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 Burn Boot Camp 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. 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. Any dispute or claim that arises out of or that relates to this Agreement, or to the interpretation or breach thereof, or to the existence, validity, or scope of this Agreement or the arbitration terms herein, shall be resolved by final, binding arbitration in accordance with the then effective arbitration rules of (and by filing a claim with) Arbitration Service of Portland, Inc., and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The Parties hereby waive their right to a jury trial. This Agreement shall be governed by the laws of the State of Oregon. All Parties irrevocably consent that the venue and jurisdiction of any dispute shall lie in Linn County, Oregon. 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.
You agree to defend, hold harmless, and indemnify us for any of your negligent, reckless, or intentional acts or omissions. You warrant and represent that you have no medical or other condition, which would prohibit you from participating in any of our programs.
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.
