I hereby acknowledge that use of the facilities of Fitness System will necessarily require physical and mental dedication and exertion and hereby assume the risk of any injury or damage to person or property resulting from or in connection with the use by me or my guests of any of the facilities or equipment provided by, or our presence upon the premises of Fitness System. Accordingly, I do hereby release and discharge Fitness System, its owners, agents, officers, employees, representatives and insurers, and agree to defend, indemnify and hold them harmless of and from any claim, demand, action or cause of action for injury, damage or loss to person or property asserted by or accruing in favor of me or any of my guests.
1) I acknowledge and agree that this Agreement covers and is intended to release Alpha 2 Industries LLC and its respective and collective agents, owners, officers, managers, shareholders, members, parent, subsidiaries, franchises and franchisors, affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively referred to as “FITNESS SYSTEM”). I further acknowledge and agree that all the information I provided to FITNESS SYSTEM via its Online Liability Waiver is true and accurate and is incorporated by this reference. For the purposes of this Agreement “Minor Children” and “Wards” refer to those individuals under the age of eighteen I have identified through the FITNESS SYSTEM Online Liability Waiver. 2) In consideration of being allowed to use and participate in FITNESS SYSTEM’S premises, equipment, services and activities, including, but not limited to, weight equipment access, cardio equipment access, aerobics classes, sauna, childcare, and locker room access, and any other amusement or recreation activities (collectively “SERVICES”), I, on behalf of myself, and/or on behalf of my minor child(ren)/ward(s), hereby agree follows. 3) ASSUMPTION OF RISK. I acknowledge that I and/or my child(ren)/ward(s), for whom I represent that I have full authority as parent or legal guardian to bind the minor participant to this agreement, am voluntarily participating in the SERVICES, which I agree are dangerous and entail both known and unknown inherent risks, that cannot be eliminated regardless of the care taken to avoid such risks, including the risk of injury, permanent disability, paralysis, or even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision; loss of balance; lack of proper equipment or padding, netting, or other safety measures; slipping; falling; landing; or colliding with fixed objects or other people, as well as the negligence and/or omissions committed by me, my child(ren)/ward(s), FITNESS SYSTEM, encounters with other participants and the negligence, omissions, or willful conduct of any other person and/or entity, including without limitation fighting and bullying by or with another participant of parent of a participant. These may result from my own actions or inactions, as well as the actions or inactions of others. Further, there may be other risks not known to me and not reasonably foreseeable at this time. I have considered the nature and extent of the risks involved, I hereby voluntarily assume all such risks both known and unknown, even those risks that result from the negligence of the FITNESS SYSTEM or others, whether or not negligence has been proven, and assume full responsibility for my participation and the participation of my minor child(ren)/ward(s)in the SERVICES. I consent to treatment in the event of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, I require medical care. I further understand and acknowledge that FITNESS SYSTEM does not manufacture the equipment in its facilities, but purchases and/or leases the equipment and therefore FITNESS SYSTEM may not be held liable for defective products. I and/or my child(ren)/ward(s) are physically fit and know of no medical or health reason whereby I and or my child(ren)/ward(s) should not participate in the SERVICES. 4) RELEASE OF LIABILITY. I HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, WAIVE, RELINQUISH, AND FOREVER DISCHARGE FROM LIABILITY AND COVENANT NOT TO SUE FITNESS SYSTEM FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS, ACTIONS, SUITS, CAUSES OF ACTION, OBLIGATIONS, DEBTS, COSTS, LOSSES, CHARGES, EXPENSES, DAMAGES, JUDGMENTS AND LIABILITIES, OF WHATEVER KIND OR NATURE, IN LAW, EQUITY OR OTHERWISE, WHETHER NOW KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AND WHETHER OR NOT CONCEALED OR HIDDEN, RELATED TO OR ARISING, DIRECTLY OR INDIRECTLY, FROM MY OR MY CHILD(REN)/WARD(S) USE OF THE FITNESS SYSTEM PREMISES, EQUIPMENT, SERVICES AND ACTIVITIES, AND THEIR PHYSICAL PRESENCE AT THE FITNESS SYSTEM PREMISES, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR NEGLIGENCE, ARISING FROM PROPERTY DAMAGE, PERSONAL OR BODILY INJURY, EMOTIONAL INJURY, ILLNESS, OR DEATH TO THE MAXIMUM EXTENT ALLOWED BY LAW. I, ON BEHALF OF MYSELF AND MY MINOR CHILDREN OR WARDS, KNOWINGLY AND VOLUNTARILY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON US BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE OR BY ANY SIMILAR LAW OR PROVISION, WHICH SECTION READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” 5) RELEASE OF LIABILITY FOR PROPERTY. FITNESS SYSTEM is not liable to you or your guests, child(ren)/ward(s) for any personal property that is damaged, lost, or stolen while on or about the FITNESS SYSTEM premises including, but not limited to, a vehicle or its content or any property in a locker, whether or not FITNESS SYSTEM was negligent. I assume full responsibility for myself, including my minor children and wards, for the loss of personal property and expressly waive any claim of liability for damages to personal property, which occurs while on FITNESS SYSTEM’S premises. 6) COVENANT NOT TO SUE. I, on behalf of myself, my minor children and wards, and on behalf of my heirs, estate, insurers, successors and assigns, hereby covenant not to sue or otherwise assert a claim of any nature whatsoever against FITNESS SYSTEM arising out of or in any way related to my physical presence at the FITNESS SYSTEM premises or my participation in SERVICES at the FITNESS SYSTEM premises. 7) INDEMNIFICATION. I, for myself, my minor children and wards, and on behalf of my heirs, estate, insurers, successors and assigns, hereby agree to indemnify, defend, reimburse and hold harmless FITNESS SYSTEM, from and against any and all losses, damages, deficiencies, suits, claims, demands, judgments, fines, penalties, costs, expenses or other liabilities (including without limitation reasonable attorneys’ fees and expenses) (“Losses”) resulting from, arising from, or relating to (i) my use, or use by my minor child(ren)/ward(s) or anyone for which I signed this agreement, that causes any injury, damage and/or harm to FITNESS SYSTEM and/or any and all other persons and entities acting in any capacity on behalf of FITNESS SYSTEM, or to others while at FITNESS SYSTEM premises, (ii) any breach of a representation or warranty contained this Agreement, and (iii) any failure by to perform or comply with any agreement or obligation contained in this Agreement. 8) ATTORNEYS’ FEES. I promise to indemnify FITNESS SYSTEM for any attorneys’ fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of FITNESS SYSTEM, pre-judgment and post-judgment interest shall accrue thereon at the legal rate. 9) PHOTO RELEASE. I understand that upon entering FITNESS SYSTEM and participating in the SERVICES I, or my minor children or wards, may be photographed, videotaped, or otherwise recorded, and I agree that FITNESS SYSTEM may use my name and likeness, and that of my minor children or wards (in any form and without regard to distortions of character, form or color, or any other alteration) in photographs, videotapes, audiotapes, and other media. I hereby grant FITNESS SYSTEM on behalf of myself, and on behalf of my child(ren)/ward(s), the irrevocable right and permission to photograph and/or record me or my child(ren)/ward(s) in connection with FITNESS SYSTEM and to use the photograph and/or recording and the name, likeness, voice and appearance of myself or my child(ren)/ward(s) captured therein for promotional purposes. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind. 10) TERM OF AGREEMENT. I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit FITNESS SYSTEM, whether at the current location or any other location or facility. 11) VENUE. In the event a lawsuit is filed against FITNESS SYSTEM, I agree to the sole and exclusive venue of the County of Sacramento. I further agree that the substantive law of California shall apply without regard to any conflict of law rules. Prior to any lawsuit I agree to through good faith negotiations, in person, with FITNESS SYSTEM to attempt to resolve the dispute without litigation. 12) SEVERABILITY. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect. By electronically signing this Participation Agreement, Indemnification, Waiver and Liability Release and Assumption of Risk, by checking the box below and then by clicking “Continue” or by physically signing this document I acknowledge that I have read each and every paragraph in this Participation Agreement, Indemnification, Waiver and Liability Release and Assumption of Risk, fully understand its terms and understand that I am giving up substantial rights by signing it, including the right to sue. I sign this Participation Agreement, Indemnification, Waiver and Liability Release and Assumption of Risk freely and voluntarily, without any inducement or coercion. I understand that I may be found by a court of law to have forever waived any right I and/or my child(ren)/ward(s) may have to maintain any action against FITNESS SYSTEM on the basis of any claim from which I have released FITNESS SYSTEM and any released party herein. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein, and intend to completely and unconditionally release all liability to the greatest extent allowed by law. By signing below and clicking accept, I also agree that all releases, waivers, and promises herein are binding on the minor participant(s) listed below, and I further agree that I have full authority as Parent/Guardian to bind the minor participant to this agreement. I further agree to indemnify and hold harmless FITNESS SYSTEM from any and all claims which are brought by, or on behalf of the minor participant(s) listed below, which are in any way connected with, arise out of, or result from their use of FITNESS SYSTEM’s facilities and services. I understand and agree that I may be asked to update this waiver from time to time and further hereby agree to conduct this transaction by electronic means.
I have read and understand the above waiver and the terms of the membership, and agree to abide by the Rules and Regulations set forth by the gym.