Member assumes full responsibility for his or her use of the facility and releases Vibe Fitness and/or the Club Owner from any and all claims, including those caused in whole or in part, by the negligence of Vibe Fitness and/or the Club Owner and shall indemnify Vibe Fitness, the owner of the club location the Member is utilizing, its affiliates, agents and employees against any and all liability arising out of use of the facilities. For purposes of this Agreement, the Club shall mean the LLC or Entity which owns the location facility operating under the Vibe Fitness Brand.; Vibe Fitness Clubs shall mean all locations operating under the Vibe Fitness Brand pursuant to a license or franchise agreement between such independent location and the Vibe Brand, to include without limitation Vibe Fitness IP LLC, it affiliates, related companies, officers, directors and employees.
You understand that use of fitness facilities, equipment, classes, training, and programs involves inherent and other risks of injury, illness, death, and property damage, including from strenuous activity; misuse of equipment; actions or inactions of others; slips and falls; and exposure to communicable diseases. You voluntarily assume all such risks to the fullest extent permitted by law. To the fullest extent permitted by law, you release and discharge Vibe Fitness, the Club, and their respective owners, affiliates, directors, officers, employees, contractors, and agents from any and all claims and liabilities for personal injury, illness, death, or property loss or damage arising out of or related to your membership, presence at, or use of our facilities, equipment, services, or programs, even if caused in whole or in part by our negligence. This release does not apply to claims that cannot be released under applicable law.
You agree to indemnify, defend, and hold harmless Vibe Fitness and the Club Parties from and against all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your (or your guests’ or minors’ under your care) acts or omissions, violation of this Agreement or the Policies, or use of the facilities, except to the extent caused by our willful misconduct. Without limitation, Member shall indemnify and hold harmless Vibe Fitness from any claims, demands, actions, damages, or liabilities asserted by Member`s guests, invitees, or minors arising from their presence at or use of Club facilities, services, or programs.
To the fullest extent permitted by law, our total liability to you for any and all claims arising out of or related to this Agreement or your membership shall not exceed the total amounts you paid to us for membership dues during the twelve (12) months immediately preceding the event giving rise to the claim. In no event shall we be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages.