ASSUMPTION OF RISK; WAIVER AND RELEASE OF RIGHTS AND CLAIMS
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 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. REQUESTS FOR MODIFICATIONS TO THIS AGREEMENT MAY BE DIRECTED TO SUSSMAN HOLDINGS, LLC AT THE FOLLOWING NUMBER: 970-305-8636
I recognize and acknowledge that as a recipient of the personal training services provided by the Provider (as hereinafter defined) 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 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, including to property, 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 and generally resulting from my relationship with Provider (as hereinafter defined) including but not limited to Claims (as hereinafter defined) from use of all Provider amenities and equipment, participation in any activity, class, program, or service, malfunctioning of any equipment, instruction, training, dietary restrictions, or your slipping and/or falling on the premises or areas adjacent thereto.
Accordingly, I and on behalf of my minor/ward, or other family member agree to waive, relinquish, discharge, release, and covenant not to sue SUSSMAN HOLDIINGS,, LLC or its parent, predecessor, affiliated and/or subsidiary corporations, limited liability companies, and related entities, their members, franchisor, franchise partners, officers, directors, partners, owners, employees, consultants, contractors, advisors, agents, insurers, attorneys, advisors, and volunteers, (collectively “Provider”) from any and all rights, claims of injury, demands, causes of action, damages (including no liability for consequential, special, or punitive damages), expense, fine, investigation, penalty, liabilities or loss (collectively “Claim”) 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 or other aspects of the relationship with Provider. Notwithstanding the foregoing and any other provision of this Agreement, I and on behalf of my minor/ward, or other family member 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.
The release of Claims set forth above is intended by you and/or on behalf of my minor/ward, or other family member to be a full and unconditional general release, as that phrase is used and commonly interpreted, extending to all claims of any nature, whether or not known, expected or anticipated to exist in favor of you and/or on behalf of my minor/ward, or other family member regardless of whether any unknown, unsuspected or unanticipated claim would materially affect settlement and compromise of any matter mentioned herein. In making this voluntary express waiver, you and on behalf of my minor/ward, or other family member acknowledge that claims or facts in addition to or different from those which are now known or believed to exist with respect to matters mentioned herein may later be discovered and that it is your and on behalf of my minor/ward, or other family member intention to hereby fully and forever settle and release any and all matters, regardless of the possibility of later discovered claims or facts. This release is and shall be and remain a full, complete and unconditional general release.
I and on behalf of my minor/ward, or other family member 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 Provider would be considerably higher and I and on behalf of my minor/ward, or other family member do not wish to pay a considerably higher cost. By signing this Agreement, I and on behalf of my minor/ward, or other family member waive the right to bargain for different terms in this Agreement. I and on behalf of my minor/ward, or other family member also understand that if I / my minor/ward, or other family member later learn that any fact that I / my minor/ward, or other family member believed to be true at the time I signed this Agreement is later to be found incorrect, I and on behalf of my minor/ward, or other family member nevertheless am bound by this Agreement.
In no event shall Provider be liable in excess of the amounts that you and on behalf of my minor/ward, or other family member paid to Provider in the preceding 12 months, whether one time or in the aggregate. I and on behalf of my minor/ward, or other family member agree and understand that they will have one (1) year from the date of discovery of the facts underlying the Claim in which to settle the Claim or to commence legal action, otherwise the Claim or other demand will be deemed abandoned and shall be barred.
You agree to defend, hold harmless, and indemnify us for any of your negligent or reckless acts or omissions and for any Claims by third-parties, including reasonable attorneys’ fees and costs. You warrant and represent that you have no medical or other condition which would prohibit you from participating in any of our programs, or if we knew of it, would make us reasonably likely to refuse your request to participate or suggest you not participate. You and on behalf of any minor/ward, or other family member agree and warrant that you are not relying upon any statement or representation by Provider, any physician, or otherwise concerning your ability to participate in activities with Provider.
This Agreement constitutes the entire agreement between the Provider and you and on behalf of my minor/ward, or other family member 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 the Provider and you and on behalf of my minor/ward, or other family member. This Agreement is intended to bind the Provider and you and on behalf of my minor/ward, or other family member hereto, and their successors, and may not be assigned by you and/or on behalf of my minor/ward, or other family member without the express written consent of the Provider.
This Agreement shall be governed by the laws of the State of Colorado. Provider and you and on behalf of my minor/ward, or other family member irrevocably consent that the venue and jurisdiction of any dispute shall lie in Larimer County, Colorado. 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 Provider and you and on behalf of my minor/ward, or other family member as shown in this Agreement. In the event that Provider incurs any expenses (including but not limited to reasonable attorney fees and costs) in enforcing the provisions of this Agreement by legal action, Provider may recover its cost from you or your minor/ward, or other family member on behalf of whom you have entered into this Agreement. This Agreement shall not be construed more strictly against one party than the other merely by virtue of the fact that it has been prepared by counsel for Provider, it being recognized that you and on behalf of my minor/ward, or other family member have been advised to seek legal counsel and have been offered the opportunity to contribute to the terms of this Agreement.
I and on behalf of my minor/ward, or other family member grant to Provider the right to take photographs of me, my property, and of my minor/ward, or other family member. I authorize Provider, its assigns, and transferees to copyright, use and publish the same in print and/or electronically. I agree that Provider may use such photographs of me or my likeness with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content and any such use does not violate my privacy, and I and on behalf of my minor/ward, or other family member, release any and all claims against Provider, its assigns, and transferees for use of my/my minor/ward, or other family member’s image or likeness.
I have read this Agreement thoroughly and fully understand it. I and on behalf of my minor/ward, or other family member 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.
The party below is signing this Agreement on behalf him/herself and if signing on behalf of a minor or ward, such party represents he/she is over the age of eighteen (18) and that he /she has the requisite legal authority to sign this Agreement on behalf of, and legally bind, the minor/ward/family member and to accept full responsibility therefore.
Please complete the following on behalf of yourself, and on behalf of my minor(s)/ward(s), or other family member(s):
1. Has your doctor ever said that you have a heart condition and that you should only do physical activity recommended by a doctor?
2. Do you feel pain in your chest when you do physical activity?
3. In the past month, have you had chest pain when you were not doing physical activity?
4. Do you lose your balance because of dizziness, or do you ever lose consciousness?
5. Do you have a bone or joint problem (for example, back, knee or hip) that could be made worse by a change in your physical activity?
6. Is your doctor currently prescribing drugs (for example, water, pills) for your blood pressure or heart condition?
7. Do you know of any other reason why you should not do physical activity?
Regardless of Your Answers to the Above Questions: Talk with your doctor by phone or in person BEFORE you start becoming more physically active or BEFORE you have a fitness appraisal. Tell your doctor about the PAR-Q and to which questions you answered YES. You may be able to do any activity you want – as long as you start slowly and build up gradually subject to your doctor’s advice. Or, you may need to restrict your activities to those that are safe for you, again subject to your doctor’s advice. Talk with your doctor about the kinds of activities you wish to participate in and follow his/her advice. Find out which community programs are safe and helpful for you. It is also highly recommended that you have your blood pressure evaluated by your doctor.
PLEASE NOTE: If your health changes so that you then answer YES to any of the above questions, consult your doctor before continuing with Provider. Ask whether you should change your physical activity plan.
DELAY BECOMING MUCH MORE ACTIVE: If you are not feeling well because of a temporary illness such as a cold or a fever – wait until you feel better or talk to your doctor; or if you are or may be pregnant – talk to your doctor before you start becoming more active.
All portions of the prior Agreement continue to apply and are integrated herein.
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