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 OCCUR 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 AND SEEK ADVICE FROM YOUR LEGAL COUNSEL.
I recognize and acknowledge that as a recipient of the personal training services provided by Strickland Fitness, Inc dba Burn Boot Camp Naples (“Burn Naples”), I and/or my minor children/wards 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, 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 children/wards or other family members may sustain as a result of the activities engage in as the personal training services provided by Burn Naples.
Accordingly, I hereby waive, release and discharge Burn Naples and its directors, officers, shareholders, employees, consultants, independent contractors, agents, insurers, attorneys, volunteers and franchisor (collectively and individually “Burn”), of and from any and all claims, causes of action and damages of any nature for property damages, personal injury or death, that I, my minor children/wards or other family members have or that may accrue to me or them and which arise out of or relate in any way to personal training services provided by Burn Naples (collectively, a “Claim”). Notwithstanding the foregoing and any other provisions of this Agreement, I am not waiving, releasing or discharging any rights that I may have to seek redress for a Claim against a person to the extent that Claim was caused by the willful or intentional conduct of that person.
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 children/wards by Burn Naples 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 represent that I do not currently have or suspect that I have any medical condition or physical limitations that I or any of my physicians believe would either prohibit or restrict me from safely engaging in the personal training services provided by Burn Naples. If in the future I have or suspect that I have any such medical condition or physical limitations, it is my responsibility to immediately notify Burn Naples and not engage in any personal training services until I am cleared in writing to do so by my treating physician and I have provided that written clearance to Burn Naples.
To the fullest extent allowed by law, I hereby agree to indemnify and hold harmless Burn of and from any and all claims, causes of action and damages, including any attorneys’ fees, costs and expenses incurred in defense of any of the foregoing, that are asserted against Burn, but only to the extent they were caused by my negligent or reckless acts or omissions.
In the event that a court determines that any provision of this Agreement is invalid or should not be enforced as written, it shall be severed from this Agreement and all other provisions shall survive and be given full force and effect.
This Agreement shall be governed by the laws of the State of Florida. All Parties knowingly, intentionally and voluntarily waive any right that they may have to jury trial on any claim arising out of or related to this Agreement or the personal training services provided by Burn Naples. The sole and exclusive jurisdiction and venue for any such claims shall be the county or circuit court in and for Collier County, Florida.
This Agreement, together with the membership agreement and the child care liability waiver (if applicable), constitute the entire agreement between the Parties, and supersedes all prior or contemporaneous oral or written agreements and representations, and they may only be modified in writing in a written document signed by the Parties.
I understand that I cannot use more than one trial at any time unless otherwise noted. This includes but is not limited to 30-Day Grand Opening, 30 for $30, 14-day free test drive, Groupon, LivingSocial, Anniversary Special, etc. It does not apply to Free Saturday Camp.
I understand that I may be contacted via phone, text, or email regarding my experience at Burn Boot Camp North Durham and can opt out of said communication at any time.
I understand that photographs and videos are sometimes taken during camp times that may be used/broadcast on social media, flyers, promotional materials, and the like. I understand that I can opt out of photographs/videos by letting the staff members onsite know.
Name: ___________________________________________ DOB: _____________________________
Email: ___________________________________________ Phone: ____________________________
Full Address: ________________________________________________________________________
___________________________________________________________________________________
Emergency Contact: _________________________________ Phone: ___________________________
Signature: _______________________________________________ Date: ______________________
