Informed Consent and Liability Waiver
Dangerous Activity: I agree and acknowledge that Agape Physique Toning LLC may involve danger and risk, that the risk of injury from Agape Physique Toning LLC is significant, that the Agape Physique Toning LLC regimen can be unpredictable, including, but not limited to, the risk of property damage, serious personal injury, paralysis, rhabdomyolysis, musculoskeletal injuries, cardiovascular injuries, cardiovascular trauma, neurological impairment, heart attack, stroke, and even death, falls which can result in serious injury or death, injury or death due to negligence on the part of myself or other people around me, and injury or death due to improper use or failure of equipment. I understand and agree that neither my actions nor the actions of any other person, can necessarily be controlled and that my safety and health cannot be guaranteed while participating in or observing Agape Physique Toning LLC and related activities or visiting the Venue.
Representation as to Physical Condition: I have consulted with a qualified physician about my desired participation in Agape Physique Toning LLC and will adhere to the guidelines that my doctor recommends; I am physically able to participate in Agape Physique Toning LLC; I do not suffer from ANY health condition which may be aggravated by participating in Agape Physique Toning LLC, including, but not limited to, heart conditions or high blood pressure, back, neck or other skeletal, muscular, respiratory or circulatory problems.
Assumption of Risk: Understanding, acknowledging and agreeing to all the risks and hazards involved with Agape Physique Toning LLC , I freely and voluntarily choose to participate in Agape Physique Toning LLC, travel to, enter and use the Venue, and I HEREBY VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF LOSS, DAMAGES, THEFT, INJURY OR DEATH THAT MAY OCCUR TO ME OR MY PROPERTY AS A RESULT OF OR INCIDENT TO MY PARTICIPATION IN Agape Physique Toning LLC OR FROM ANY PRIZES THAT MAY BE AWARDED TO ME IN CONNECTION WITH Agape Physique Toning LLC , INCLUDING THE RISK I MAY BE INJURED BY THE ACTIONS OR NEGLIGENCE OF THE RELEASED PARTIES, OTHER PARTICIPANTS OR THIRD PARTIES WHILE PARTICIPATING IN Agape Physique Toning LLC OR VISITING, TRAVELING TO OR FROM OR USING OR VISITING THE VENUE. I understand and agree that by agreeing to this Agreement, I am assuming full responsibility for any and all risk of death, serious personal injury, temporary or permanent disability, or property loss and/or damage suffered by me or my property in connection with Agape Physique Toning LLC or while visiting, traveling to or using the Venue. I understand and agree that this Agreement will be binding on me, my spouse(or registered domestic partner), my guardians, the executors or administrators of my estate, my heirs, my personal representatives, my assigns, my successors in interest, my children, and any guardian ad litem for said children(collectively, the “Releasors”).I accept full and complete responsibility for the safety of myself, any guests, observers, or other individuals who I have invited to the Venue, and property, and I assume the risk of damage, theft, loss or injury caused by others to me, my guests and property.
Release of Liability, Waiver of Claims and Indemnity Agreement: On behalf of the Releasors and in consideration for being allowed to participate in Agape Physique Toning LLC and/or use of the Venue, I HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS OR CAUSES OF ACTION, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, ACCIDENT, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE,DESTRUCTION, DELAY,INCONVENIENCE OR OTHER HARM OF WHATEVER NATURE THAT MAY BE DIRECTLY OR INDIRECTLY RELATED TO, ARISING FROM OR SUSTAINED FROM PARTICIPATION IN Agape Physique Toning LLC AND/OR TRAVEL TO OR FROM OR VISIT TO OR USE OF THE VENUE OR ACTIVITIES RELATED THERETO,NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER NEGLIGENT ACT OR OMISSION OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF ANY RELEASED PARTIES OR OTHERWISE, provided that nothing in this Section shall be deemed to release any Released Party from liability arisingfrom their own willful or intentional injury to me or my property. The claims released hereby include, but are not limited to, any claims I may now have or may hereafter acquire resulting from injury, death, or property damage sustained by me, or to any property that I may own or have rented, leased or borrowed or have in my possession.
Indemnification. I AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, LOSSES, COSTS, DAMAGES, EXPENSES, SETTLEMENTS, JUDGMENTS, CAUSES OF ACTION AND LIABILITIES OF ANY KIND WHATSOEVER, WHETHER FORESEEN OR UNFORESEEN, INCLUDING ATTORNEYS’ FEES, IN LAW OR IN EQUITY, ARISING OUT OF OR RESULTING FROM ANY CLAIM RELATED TO MY PARTICIPATION IN THE PowerHouse Fitness Center, INCLUDING WITHOUT LIMITATION YOUR BREACH OF THIS AGREEMENT OR THE PowerHouse Fitness Center RULES AND POLICIES, MY ACCEPTANCE OR USE OF ANY PRIZE I MAY BE ENTITLED TO, INCLUDING ANY TAX LIABILITY IN CONNECTION THEREWITH, OR FROM ANY INDIVIDUAL I INVITE TO Agape Physique Toning LLC OR VENUE OR ANY OTHER THIRD PARTY CLAIM RELATED TO Agape Physique Toning LLC.
Photo Release: I hereby authorize Agape Physique Toning LLC to publish the photographs taken of me and/or the above signed minor children and our names for use in the Agape Physique Toning LLC printed publications and website. I release Agape Physique Toning LLC from any expectation of confidentiality for the undersigned minor children and myself and attest that I am the parent or legal guardian of the children listed above and that I have the authority to authorize Agape Physique Toning LLC to use their photographs and names. I acknowledge that participation in publications and websites produced by Agape Physique Toning LLC is voluntary, neither the minor children nor I will receive financial compensation. I further agree that participation in any publication and website produced by Agape Physique Toning LLC confers no rights of ownership whatsoever. I release Agape Physique Toning LLC, its officers, directors and coaches from liability for any claims by me or any third party in connection with my participation or the participation of the above signed minor children.