WAIVER AND RELEASE
In consideration of being permitted to receive and participate in BBC La Crosse LLC d/b/a Burn Boot Camp (“Company”) personal training services and programs (“Program(s)”), you or your parent(s) and/or legal guardian(s) if you are a minor, agree to the following:
1. You understand that there are risks and dangers associated with participating in physical exercise and activities which may result in accident, injury, death or other adverse effects to your health or medical conditions. You have sole responsibility for your (or your minor child’s) physical and mental health.
2. You assume all risks of participating in the Programs. You assume the risk of any injury, damage, or loss that you or your minor child may sustain as a result of participating in the Programs provided by the Company. You hereby waive, discharge, indemnify, and release the Company, its owners, managers, directors, officers, agents, trainers, consultants, contractors, and employees from and against any and all liabilities, injuries, death, loss, claims, suits, damages, or demands, attorney fees, costs, and expenses of any nature, which you now have or may have in the future, arising from or pertaining to your or your minor child’s participation in the Programs provided by the Company.
3. You understand that Company does not and will not provide any medical advice regarding your physical health or medical conditions. As part of the Programs, the Company’s trainers may provide nutrition related recommendations which should not be construed as medical advice. You agree not to rely on information provided by Company as an alternative to medical advice from your doctor or other professional healthcare provider. You agree to address any specific questions about any medical or health related matters to your doctor or professional healthcare provider. You represent that you are in good health and have obtained all medical approvals necessary to participate in the Programs.
4. You hereby waive, discharge, indemnify, and release the Company, its owners, managers, directors, officers, agents, trainers, consultants, contractors, and employees from and against any and all liabilities, injuries, death, loss, claims, suits, damages, or demands, attorney fees, costs, and expenses of any nature, which you now have or may have in the future, arising from or pertaining to your or your minor child’s participation in the Programs provided by the Company. You agree that this Waiver and Release is binding on you and your heirs, successors, assigns. You further understand this Waiver and Release shall be governed under the laws of the State of Wisconsin.
5. By signing below, you hereby grant the Company permission and right to use your image in all forms (video, recordings, photographs, etc.) and media (social media, websites, print, television, etc…), without any restrictions as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purpose. You hereby waive and release the Company, its officers, directors, members, managers, employees, agents, contractors, and shareholders, from any and all claims, liabilities, invasion of privacy claims, or damages arising from or pertaining to the use of my image by the Company for the purposes stated herein.
6. You agree that if any provision of this Waiver and Release is held to be illegal, invalid or unenforceable, then such provision will be fully severable and the remaining provisions contained herein will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision. You agree that you have been provided with reasonable opportunity to consult with legal counsel regarding the terms of this Waiver and Release.
7. There is a risk that you may become exposed to COVID-19 while working out at our facility. You hereby acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 while working out at our facility. You hereby release, covenant not to sue, discharge, and hold harmless BBC La Crosse LLC, d/b/a Burn Boot Camp, its shareholders, directors, members, officers, employees, agents, and representatives, from and against any and all liabilities, claims, suits, injuries, infections, death, actions, damages, costs or expenses of any kind arising out of or relating thereto.
8. By providing my phone number to BBC La Crosse LLC, d/b/a Burn Boot Camp, I agree and acknowledge that BBC La Crosse LLC, d/b/a Burn Boot Camp may send text messages to my phone number for any purpose, including marketing purposes. I agree that these text messages may be regarding my membership account, gym changes, and/or related products & services that BBC La Crosse LLC, d/b/a Burn Boot Camp may market to me. I acknowledge that this consent is not a condition of purchase and I can opt-out of receiving these messages anytime by replying back STOP. I acknowledge that I may receive up to 8 msgs /mo. And until I opt-out, I may receive text messages from BBC La Crosse LLC, d/b/a Burn Boot Camp to my phone number. Standard text or data rates may apply.
I HAVE READ THIS WAIVER AND RELEASE, FULLY UNDERSTAND ITS TERMS AND SIGN IT FREELY AND VOLUNTARILY, AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY OF THE COMPANY, ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AND TRAINERS, TO THE GREATEST EXTENT ALLOWED UNDER WISCONSIN LAW.
