ASSUMPTION OF RISK/
WAIVER AND RELEASE OF RIGHTS AND CLAIMS/ LIMITATION OF
LIABILITY/INDEMNITY
BEFORE SIGNING THIS ACKNOWLEDGEMENT AND ASSUMPTION OF RISK,
WAIVER AND RELEASE OF CLAIMS, LIMITATION OF LIABILITY, AND
INDEMNITY (THIS “AGREEMENT”), YOU SHOULD READ THIS AGREEMENT VERY
CAREFULLY. BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP SIGNIFICANT
LEGAL RIGHTS THAT YOU, YOUR SPOUSE AND HEIR(S), AND/OR MINOR(S),
DEPENDENT(S) OR WARD(S) UNDER YOUR SUPERVISION MAY OTHERWISE
HAVE IN THE EVENT OF AN ACCIDENT OR INJURY. IF YOU DO NOT
UNDERSTAND ANY PORTION OF THIS AGREEMENT, OR IF YOU OBJECT TO ANY
PROVISION CONTAINED IN THIS AGREEMENT, YOU SHOULD NOT SIGN IT,
AND INSTEAD YOU SHOULD SEEK ADVICE FROM LEGAL COUNSEL OF YOUR
CHOICE. REQUESTS FOR MODIFICATIONS TO THIS AGREEMENT MUST BE
MADE IN WRITING, AND SHOULD BE DIRECTED TO PURPOSE FITNESS LLC AT
THE FOLLOWING ADDRESS: [email protected]
By signing this Agreement, I recognize and acknowledge that, as a recipient of
the personal training services provided by Purpose Fitness LLC, doing business as Burn Boot Camp Temecula, I and/or any minor(s), dependent(s) or ward(s) under my supervision 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, brain damage, nerve
damage, 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 may result not only from my own actions but also from the
actions, inactions or negligence of others specifically including without
limitation the principals, employees, agents and contractors of Purpose Fitness LLC, its members, or the condition of the premises or equipment used in
connection with such activities. Nevertheless, I agree to assume all risk of
injury, damage, or loss regardless of severity that I, and/or any minor,
dependent or ward under my supervision, or other family member or kin may
sustain as a result of the activities in which I, or one or more of them, engage
in connection with or as part of the personal training services provided by
Purpose Fitness LLC.
Accordingly, I agree to and herby waive, relinquish, discharge, release,
and covenant not to sue Purpose Fitness 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 any minor, dependent or
ward under my supervision or other family member or kin may have,
or that may accrue to me or to any of them, arising out of, connected
with, or in any way associated with the personal training services
provided by the Purpose Fitness LLC. Notwithstanding the foregoing
and any other provision of this Agreement, I do not waive any rights that I
may have to seek redress due to the reckless conduct of others, or due to the
conduct of others that 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 to any minor, dependent
or ward under my supervision by Purpose 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 false or incorrect, I nevertheless am bound
by this Agreement.
LIMITATION OF LIABILITY: In no event shall Purpose Fitness LLC 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.
INDEMNIFICATION: You agree to defend, hold harmless, and indemnify us for
any of your negligent or reckless acts or omissions, or those of any minor,
dependent or ward under your supervision. You warrant and represent that you
do not have, and that any minor, dependent or ward under your supervision
does not have, any medical or other condition that would prohibit you or any of
them from participating in any of our programs.
LEGAL EFFECT AND OPERATION: This Agreement constitutes the entire
agreement between the Parties on the issues and subject matters contained in
this Agreement and supersedes all prior agreements thereon, oral and written.
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 State of California. All Parties irrevocably consent and agree to venue and
jurisdiction in San Diego County, CA, with regard to any dispute of any kind
whatsoever between the Parties, which means that any lawsuit or claim shall
be filed and adjudicated there. 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 understand the location of services to be provided is at address 30570 Rancho California Rd, Temecula, Ca 92591. I also acknowledge that certain events such as but not limited to pop-up camps, community events and other activities may also be help as part of Burn Boot Camp Temecula. All events are optional.
I have read this Agreement thoroughly and fully understand it. I enter
into it voluntarily on behalf of myself, my dependents, my spouse, my
heirs, next of kin, assigns, personal representatives, related
individuals and related entities. No one has made any representations,
statements, or inducements not stated in this Agreement that resulted
in my signing this Agreement, or that change or modify anything
written in this Agreement.
