ASSUMPTION OF RISK;
WAIVER AND RELEASE OF RIGHTS AND CLAIMS
In consideration of Burn Boot Camp HR, LLC, LLC providing personal training services to me, I am signing this Release as a condition of becoming a member of Burn Boot Camp. I recognize and acknowledge that as a recipient of the personal training services provided by the Burn Boot Camp HR, LLC I 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, , or other family members may sustain as a result of the activities I engage in as the personal training services provided by Burn Boot Camp HR, LLC.
Accordingly, I hereby waive, relinquish, discharge, release, and covenant not to sue Burn Boot Camp HR, LLC, or its parent, sister, affiliated and/or subsidiary corporations and related entities, 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, or other family member may have or that may accrue to me, or other family members arising out of, connected with, or in any way associated with the personal training services provided by the Burn Boot Camp HR, 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 gross negligence or intentional misconduct of others,
I have considered that if this Release were not as broad as it is, the cost of the personal training services provided to me by Burn Boot Camp HR, LLC, LLC would be considerably higher and I do not wish to pay a considerably higher cost. By signing this Release, I waive the right to bargain for different terms in this Release. I also understand that if I later learn that any fact that I believed to be true at the time I signed this Release is found to be incorrect, I nevertheless am bound by this Release.
I ACKNOWLEDGE THAT IN NO EVENT SHALL Burn Boot Camp HR, LLC BE LIABLE FOR ANY CAUSE OF ACTION, CLAIM, DAMAGE, DEMAND, EXPENSE, FINE, LIABILITY, OR PENALTY IN EXCESS OF THE AMOUNTS THAT I HAVE PAID TO Burn Boot Camp HR, LLC IN THE PRECEDING 12 MONTHS, WHETHER ONE TIME OR IN THE AGGREGATE. I agree to defend, hold harmless, and indemnify Burn Boot Camp HR, LLC for my negligent or reckless acts or omissions. I warrant and represent that I have no medical or other condition, which would prohibit me from participating in any of Burn Boot Camp HR, LLC’s programs.
I am signing this Release simultaneous to signing a Burn Boot Camp Membership Agreement. However, this Release contains all of the terms and conditions regarding the Release which I am granting to Burn Boot Camp HR, LLC, which may not be modified except in writing; signed by me.
This Release is governed by the laws of the State of Utah. I irrevocably consent that the venue and jurisdiction of any dispute regarding this Release shall lie in Utah County, Utah. In the event that a court determines that any provision of this Release is invalid, all other provisions shall survive and shall be interpreted as a fully integrated document to the fullest extent allowed by the law.
I have completely read and fully understand this Release. I enter into this Release voluntarily on behalf of myself, my spouse, my heirs, assigns, personal representatives, related individuals and related entities. No one has made any representations, statements, or inducements that change or modify anything written in this Agreement.