By signing below I agree to the following:
ASSUMPTION AND ACKNOWLEDGEMENT OF RISKS
RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
In consideration of being allowed the use of any and all gym and fitness equipment, exercise and workout equipment and machinery, whether it be electronic, manual, or otherwise, and my participation in cardio, strengthening, or other workout classes, I, the undersigned, do hereby waive, release, relinquish and discharge Angie’s Gym, Inc., a North Carolina Corporation, and any and all other persons, firms, incorporations, limited liability companies, of and from any and all actions, causes of actions, claims, demands, damages, costs, loss of services, expenses, compensation, and all consequential damages, on account of or in any way growing out of any and all known and unknown personal injuries, death, disabilities, property damage or otherwise, resulting or to result from any accident that might occur by, through or from the use of any and all said equipment located at Angie’s Gym, Inc., as follows:
1) ACKNOWLEDGEMENT OF RISKS: I acknowledge that the use of gym and fitness equipment and machinery and activities related thereto CAN BE DANGEROUS and involves the risk of SERIOUS INJURY and/or DEATH. Risks include, but are not limited to, malfunction or failure of equipment, operator error, other unforeseen occurrences, all of which can cause serious injury, paralysis and/or death.
2) EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: I agree to assume responsibility for all risks of my activities while at Angie’s Gym, Inc., whether described above or not, EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAMED BELOW. My/our participation in the activities is purely voluntary. I assume full responsibility for myself and any minor children for whom I am responsible, for any bodily injury, accident, illness, paralysis, death or loss of personal property even IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW, to the fullest extent permitted by law.
That while I understand there may be instruction for some of the exercise formats that will be available and for the use of any equipment on the premises, I understand that it is my sole and exclusive responsibility to be responsible for myself and any and all equipment that I use or enjoy while on the premises, and I accept full and final responsibility there for.
I agree that Angie's Gym is in no way responsible for the safekeeping of my personal belongings while I attend class. I understand that classes at may be physically strenuous and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.
3) RELEASE: I hereby release Angie’s Gym, Inc., its principals, directors, owners, officers, agents, employees and volunteers, and each and every landowner, municipal and/or governmental agency upon whose property an activity is conducted ("owner"), if any, (Collectively "Releasees") FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN OR ANY OTHER PERSONS as a result of my/our participation in any activity at Angie’s Gym, Inc., EVEN IF CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE OR ANY OTHER PERSON (INCLUDING MYSELF) to the fullest extent permitted by law.
4) INDEMNITY: I hereby agree to INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE OR COST they may incur arising out of or related to the use of any gym and fitness equipment of any nature whatsoever, or arising out of or related to my participation in any activities at Angie’s Gym, Inc., WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
I HAVE READ THIS ASSUMPTION AND ACKNOWLEDGEMENT OF RISKS, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I AM WAIVING VALUABLE LEGAL RIGHTS, INCLUDING ANY AND ALL RIGHTS I MAY HAVE AGAINST THE RELEASEES, THE OPERATOR NAMED ABOVE, OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE AND INDEMNITY TO THE GREATEST EXTENT ALLOWED BY LAW.
If Client is a minor (under the age of 18), a parent or legal guardian must sign below.