WAIVER AND RELEASE OF LIABILITY
FOR VALUE RECEIVED, I do hereby release, waive, discharge, and covenant not to sue, and indemnify, defend and hold harmless The Main Street Gym, its owners, officers, members, managers, employees, subcontractors, affiliates, volunteers, and agents (“Indemnified Partiesâ€) from claims, liabilities, suits, damages, costs and expenses (including without limitation reasonable attorney’s fees and costs) resulting from damage to, loss of, or theft of personal property, claims resulting from use of facilities, premises or equipment provided by any of the Indemnified Parties and resulting from personal injury (including death) from accidents or illness arising directly or indirectly from activities provided, directed, suggested, or planned by any of the Indemnified Parties.
I do hereby completely assume the inherent risks associated with the use of facilities, premises or equipment provided by the Indemnified Parties. I acknowledge that fitness and conditioning activities, by their very nature, carry with them certain inherent risks that cannot be eliminated regardless of the care an individual may take to avoid them.
I understand that some fitness and conditioning activities involve strenuous exertions using various muscle groups, sometimes involving quick movements with rapid speed and change of direction, while others involve sustained physical activity that place stress on the cardiovascular system. In addition, many activities will involve heavy equipment and/or complex machines that have the potential of malfunctioning or causing serious injury, including death.
I further acknowledge that the risks associated with fitness and conditioning activities include, without limitation:
(1) Minor injuries such as scratches, bruises, muscle strains, and sprains
(2) Although rare, major injuries such as ligament damage, broken bones, joint or back injuries, concussions, and heart attacks; and
(3) Although extremely rare, catastrophic injuries including partial or full paralysis and death.
This Waiver of Liability, Indemnity, And Assumption of Risk Agreement (“Agreementâ€) shall be binding on me, my heirs, personal representatives, successors, and assigns. I acknowledge that I have received, read and do understand the terms and conditions of this Agreement. The exclusive jurisdiction and venue for any dispute regarding this Agreement shall be the County of Northampton, Pennsylvania, and this Agreement shall be governed by Pennsylvania law.
The Main Street Gym recommends all members to obtain a physical examination, along with a medical clearance, prior to any participation in physical activities.
As a member of The Main Street Gym, I understand and acknowledge that The Main Street Gym, as a private facility available twenty-four (24) hours a day, will have times when the premises are not staffed nor supervised, and that I assume full responsibility for the risks involved in working out in an unsupervised Health Club facility.
In consideration of being permitted to use The Main Street Gym facilities and equipment, on behalf of myself, my family, my heirs and my assigns, I hereby release The Main Street Gym, its owners, employees and agents from liability for injury, death, Illness, or loss suffered by me, while using the facility, the equipment, or in any way associated with participating in any and all Club activities now and in the future. I understand that there are inherent risks in all Health and Fitness Club activities, that I am aware of these risks and that I assume all responsibility for personal injury, death, or loss resulting from these injuries. By the execution of this agreement, I assume full responsibility for any and all injuries or damages which may occur to me (including loss or theft of personal property)
NOTICE OF CANCELLATION
This agreement may be cancelled at any time by notifying The Main Street Gym staff in writing either in person, US postal service, or via Email. Cancellations will take place immediately or on the requested future date. All Unpaid balances must be satisfied upon cancellation, any membership with an unsatisfied balance will not be canceled and subject to future charges unless otherwise agreed upon by management in writing.