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 Harley Fitness LLC AT THE FOLLOWING NUMBER: 804-513-6177
I recognize and acknowledge that as a recipient of the personal training services provided by Harley Fitness LLC 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 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 Harley Fitness LLC .
Accordingly, I agree to waive, relinquish, discharge, release, and covenant not to sue Harley Fitness LLC or its parent, sister, affiliated and/or subsidiary corporations and related entities, their members, franchise partners, 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 Harley Fitness LLC. 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 Harley Fitness 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 we 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.
You agree to defend, hold harmless, and indemnify us for any of your negligent or reckless 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.
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 Commonwealth of Virginia. All Parties irrevocably consent that the exclusive venue and jurisdiction of any dispute shall lie in Spotsylvania County, Virginia. 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.
Image Release Agreement:
For valuable consideration, including but not limited to the ability to participate in Burn Boot Camp classes and activities, I hereby confer on Harley Fitness LLC, doing business as Burn Boot Camp, the absolute and irrevocable right and permission with respect to the photographs and video that it has taken or may take of me during Burn Boot Camp activities in which I may be included with others: a) To copyright the same in the Harley Fitness LLC name or any other name that it may select; b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs and videos, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade. I understand that my name or address will not be publicly released and that Harley Fitness LLC will take all reasonable precautions to protect my personal information, other than my image, from being publicly released. I hereby release and discharge Harley Fitness LLC from all and any claims and demands ensuing from or in connection with the use of the photographs, including but not limited to any and all claims for libel and invasion of privacy. This authorization and release shall inure to the benefit of the legal representatives, licensees and assigns of Harley Fitness LLC. I have read the foregoing and fully understand the contents hereof. For value received, I hereby consent to the foregoing on his/her behalf. Date: ____________________________________ Print Name: _______________________________________________________________________ Signature: ________________________________________________________________________ Page 2 of 2
