ASSUMPTION OF RISK;
WAIVER AND RELEASE OF RIGHTS AND CLAIMS
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, YOU AND/OR YOUR MINOR (BY SIGNING THIS AGREEMENT) WOULD BE GIVING UP LEGAL RIGHTS THAT YOU AND/OR MINOR 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.
I recognize and acknowledge that as a recipient of the physical exercise and fitness training services (the “Services”) provided by 7R Fitness, LLC d/b/a Burn Boot Camp - West Knoxville (the “Company”) I and/or my minor will periodically engage in strenuous physical activities, 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, or other family member or kin may sustain as a result of the Services.
I understand that I must and shall decide to participate in the Services only if and to the extent I can reasonably participate and am comfortable doing so. I promise to not participate in Services if I am uncomfortable or unsure regarding the safety or appropriateness of participating. I will act in a manner which is respectful and safe toward others during and relating to Services at or via the Company and when participating in or being present at any Company sponsored, organized, or affiliated event or program and when on property owned or controlled by Company. By participating in the Services, I assume the risk of any negative consequences which may reasonably result from the Services, including as a result of actions or inactions by the Company, by other activity participants, or by third parties. If I am not aware of the risks which may come by participating in the Services, I understand that I should not participate until and unless I have sought and received information from the Company which allows me to have a fair and reasonable opportunity to know and understand said risks. Any recommendation for changes in diet, including the use of food supplements or other nutritional products are entirely my responsibility, and I understand that I should consult a physician prior to undergoing any dietary or food supplement changes.
Accordingly, I agree to waive, relinquish, discharge, release, and covenant not to sue Company 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, my minor, or other family member may have or that may accrue to me, my minor, or other family members arising out of, connected with, or in any way associated with the Services at or via the Company or while I am participating in or present at any Company sponsored, organized, or affiliated event or program or while on property owned or controlled by Company. 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. This paragraph should not be interpreted to attempt to waive or release rights or claims which, by law, cannot be waived or released in this fashion.
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 by Company 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.
Should Company somehow be found liable despite this Agreement, I agree that the maximum damages Company shall be liable for any cause of action, claim, damage, demand, expense, fine, investigation, liability, or penalty is the total amount I paid to Company in the preceding twelve (12) months.
I agree to defend, hold harmless, and indemnify Company for any of your negligent or reckless acts or omissions. I warrant and represent that I have no medical or other condition(s), which would prohibit me from participating in any of the Services.
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 State of Tennessee. All Parties irrevocably consent that the venue and jurisdiction of any dispute shall lie in Knox County, Tennessee. Each party will bear its own court costs and attorneys’ fees except that if there is a dispute regarding my non-payment of costs or fees or dues to Company, the prevailing party shall recover its legal costs and fees relating to that dispute, including attorneys’ fees and any costs of collection, whether pre-litigation or otherwise. 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.
THIS IS A BINDING LEGAL AGREEMENT
