Assumption of Risk and Waiver of Liability
G.R.I.T. Fitness LLC
PLEASE READ THIS ASSUMPTION OF RISK AND WAIVER OF LIABILITY (THIS “RELEASE”) CAREFULLY AND, IF YOU AGREE TO THE TERMS OF THIS RELEASE, SIGN BELOW. BY SIGNING THIS FORM, YOU UNDERSTAND THAT YOU ARE WAIVING LEGAL RIGHTS.
I, the undersigned, am aware that there are significant risks involved in physical training, including but not limited to, the physical training inherent to all outdoor fitness classes or activities, and that my participation in any such physical training program carries with it the potential for death, injury or permanent disability. I understand in connection with my participation in a class offered by G.R.I.T. Fitness LLC, a Pennsylvania limited liability company (“Company”), I will receive information and instruction, including verbal and, if applicable, physical adjustments, about physical fitness. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated.
I understand that it is my responsibility to consult with a physician prior to and regarding my participation in Company classes. I represent and warrant that I am in good health and physical condition and I have no medical condition which would prevent my full participation in Company classes. In addition, I will make the Company instructor (the “Instructor”) aware of any medical conditions or physical limitations before class. If I am pregnant, become pregnant or I am post-natal or post-surgical, my signature below verifies that I have my physician’s approval to participate. I fully understand that Company Instructors and staff are not medically trained physicians or experts in medicine, and therefore, I acknowledge and agree that their guidance is limited to the practice of physical fitness, and the techniques and routines associated with it.
I represent that I have adequate insurance to cover any injury or illness I may suffer or cause while participating in a Company class, or else I agree to bear the costs of such injury or illness myself.
By signing this Release and/or participating in Company classes, I acknowledge and voluntarily assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of my participation; and I acknowledge that such risks may result in personal injury, permanent disability, and/or death. I understand that the risks associated with participation in Company classes, may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Company’s employees, agents or representatives, including, without limitation, the Instructors.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and/or death), damage, loss, claim, liability, or expense (including attorney fees), of any kind, that I may experience or incur in connection with my participation in Company classes (collectively, the “Claims”). On my behalf, and on behalf of my heirs and legal representatives, I hereby release, covenant not to sue, discharge, and hold harmless Company, its employees, agents, and representatives, including, without limitation, the Instructors, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that foregoing obligation includes any Claims based on the actions, omissions, or negligence of Company, its employees, agents, and representatives, including, without limitation, the Instructors.
Should Company, its employees, agents, and representatives, including, without limitation, the Instructors, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this Release, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Company, its employees, agents, and representatives, including, without limitation, the Instructors from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in Company classes.
By signing this Release, I agree that I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
I have had sufficient time to read this entire Release and, should I choose to do so, consult with legal counsel prior to signing. I agree that this Release shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of this Release as a whole. I am not relying on any oral, written, or visual representations or statements made by Company, including brochures or promotional materials, to induce me to sign this Release.
I have read and understood this Assumption of Risk and Waiver of Liability and I agree to be bound by its terms.