WAIVER AND RELEASE OF LIABILITY:
PLEASE READ CAREFULLY. BY SIGNING THIS DOCUMENT, YOU ARE FORFEITING IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE FITNESS PROVIDER FOR INJURIES OR DAMAGES.
1. ASSUMPTION OF INHERENT RISK
I, the undersigned member, understand and acknowledge that participation in physical exercise, fitness programs, and the use of strength, cardiovascular, and conditioning equipment involves inherent risks of physical injury, illness, permanent disability, or death. These risks include, but are not limited to: musculoskeletal strains, fractures, tears, joint injuries, cardiovascular events (heart attacks, strokes, arrhythmias), dehydration, overexertion, slips, trips, falls, equipment malfunctions or failures, injuries sustained in the sauna facilities, and injuries resulting from the actions or conduct of other members or third parties within the facility. I explicitly understand that these risks exist regardless of whether the facility is staffed or unstaffed. I voluntarily, knowingly, and freely assume all risks associated with my use of the facility and participation in fitness services.
2. MEDICAL REPRESENTATION
I represent and warrant that I am in good physical condition and have no known medical conditions, impairments, or illnesses that would limit or prevent my safe participation in physical exercise or use of the facility's equipment. I acknowledge that it is my sole responsibility to consult with a physician prior to engaging in any physical fitness regimen or using the facility.
3. COMPREHENSIVE MULTI-LOCATION RELEASE OF LIABILITY (ORDINARY NEGLIGENCE)
In consideration for being granted access to the facility and equipment, I, on behalf of myself, my heirs, executors, administrators, personal representatives, and assigns, hereby permanently and irrevocably RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Fitness Provider from any and all liability, claims, demands, actions, or causes of action arising out of any loss, damage, personal injury, illness, property damage, theft, or wrongful death that may occur during or after my use of the facilities, regardless of whether such occurrences take place during staffed or unstaffed hours.
● Universal Cross-Location Protection: I explicitly understand, intend, and agree that this release of liability and waiver of rights applies universally and identically to all existing and future locations, corporate entities, facilities, and operations affiliated with or under "The Other Body Shop" brand name—including, but not limited to, The Other Body Shop Kentwood LLC, The Other Body Shop Middleville, LLC, and any parent companies, subsidiaries, owners, officers, directors, managers, employees, and independent contractors.
● Equal Legal Coverage: Regardless of which specific facility or corporate entity I initially register under or sign this contract with, all locations and their respective business entities are fully, equally, and collectively protected under the exact same legal rights, waivers, and releases set forth in this document. This release explicitly applies to any damages or injuries caused in whole or in part by the ORDINARY NEGLIGENCE or omission of the Fitness Provider at any of its locations.
4. PERSONAL PROPERTY DISCLAIMER
I explicitly agree that the Fitness Provider shall not be held liable, responsible, or accountable for any loss, theft, damage, or destruction of personal property belonging to me or my guests. This includes items placed in lockers, left on the gym floor, or stored inside vehicles parked within the facility’s designated parking areas. I bring personal belongings onto the premises entirely at my own risk.
5. UNAUTHORIZED ENTRY AND TRESPASSER LIABILITY EXCLUSION
The facility strictly prohibits unauthorized entry to ensure the safety of its community. If anyone, whether intentionally, carelessly, or indirectly (including but not limited to holding a door open, tailgating, letting someone use an access card, or failing to secure an entrance), permits a non-member or unauthorized individual to gain entry into any facility, The Other Body Shop brand and its respective local entities take absolutely no responsibility and assume zero legal or financial liability for that non-member. Any such unauthorized individual enters the premises unlawfully as a trespasser and does so entirely at their own peril. Furthermore, the person who facilitated or permitted the unauthorized entry (directly or indirectly) agrees to fully defend, indemnify, and hold harmless the Fitness Provider against any and all legal claims, damages, lawsuits, or expenses arising from the trespasser's presence, conduct, or injury.
6. THIRD-PARTY INDEMNIFICATION
I agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS the Fitness Provider and its affiliates against any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities (including reasonable attorneys' fees and legal costs) brought against them by any third party, other members, or guests resulting from or arising out of my actions, conduct, misconduct, or negligence while utilizing the gym facility.
7. PHOTO AND MEDIA RELEASE
I hereby grant the Fitness Provider the absolute, unrestricted right and permission to copyright, use, re-use, publish, and republish photographic portraits, digital images, or video recordings taken of me on the gym floor or within designated exercise spaces for marketing, promotional, educational, or commercial purposes across print and digital media channels. I waive any right to inspect or approve the finished product or any advertising copy, and I acknowledge that I am not entitled to financial compensation for the use of these images.
8. GOVERNING LAW, JURISDICTION, AND SEVERABILITY
● Governing Law: This agreement and waiver shall be governed by, construed, and enforced strictly in accordance with the internal laws of the State of Michigan, without giving effect to any choice of law or conflict of law principles.
● Jurisdiction: Each party irrevocably and unconditionally submits to the exclusive jurisdiction and venue of the federal and state courts located within [Insert Appropriate County for signing location, e.g., Kent County / Barry County], Michigan, for any legal action, suit, or proceeding arising out of or related to this agreement.
● Severability: If any individual provision, clause, or section of this agreement is found by a court of competent jurisdiction to be invalid, illegal, or legally unenforceable, such determination shall not affect or invalidate the remaining portions of this contract. The remaining terms shall continue in full force and effect as if the invalid portion had been completely severed.