Terms and Conditions
I have voluntarily chosen to participate in an activity, class or other program (hereinafter referred to as “the Activity”) with FITNV. I hereby voluntarily and of my own free will agree to the terms and conditions of this Release of Liability and Waiver of Rights Agreement (“Release”) set forth below. I choose to participate in the Activity voluntarily for my own personal enjoyment and wish to release FITNV from any liability that may result from this Activity.
Activities and Assumption of Inherent Risks. I understand that the Activity is inherently hazardous, and that risks of participating in the Activity include without limitation falls, fractures, concussions, overexertion, overheating, participant collisions, muscle and connective tissue injury, equipment failures, participant negligence, errors in judgment of FITNV or its employees or contractors, or injuries from my lack of fitness or conditioning. I understand the inherent risks of the Activity are serious and that participating in the Activity is dangerous regardless of the care taken by FITNV and its employees or contractors. I also understand that any equipment I use during the Activity I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability. I acknowledge that FITNV has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Activity. I have read the previous paragraphs and (a) I know the nature of the Activity described above; (b) I understand the demands of this activity relevant to my physical condition and fitness level, and (c) I appreciate the potential impact of the types of injuries that may result from the Activity. I hereby assert that my participation in the Activity is voluntary and that I knowingly and willingly assume all of the inherent risks of the Activity.
Initials:
Waiver of Liability. I hereby release, and forever discharge FITNV, its agents, employees, and independent contractors from and against any and all injuries (including death), liability, claims (including negligence), suits, charges, damages, demands, obligations, acts, omissions, costs, expenses (including attorneys’ fees and costs), actions, and causes of action and otherwise of every type, nature, kind, or description whatsoever (collectively, “Claims”) whether in law or in equity or known or unknown, of any kind whatsoever, of or to me, my property, or any other person, directly or indirectly arising from or in connection with my participation in the Activity or the use of my name and likeness. This agreement applies, but is not limited to (i) personal injury (including death) from incidents or illnesses arising from participating in the Activity (including without limitation all premises, fitness facilities and associated streets, sidewalks, and parking lots; any instruction by FITNV staff during personal training, classes, and/or events; use of and malfunction of equipment; and/or supervision or dietary recommendations); and (ii) any and all claims resulting from the damage to, loss of, or theft of property.
I hereby forever waive and fully relinquish any right to sue or any other claims or demands that I may have against FITNV, arising out of or relating to my participation in the Activity, even if any right or claim arises: due to the negligence or fault of FITNV and/or any third party, is due to a dangerous or defective condition of any property, facilities, or equipment, or FITNV is subject to liability arising without fault. I hereby expressly waive my rights under Section 1542 of the Civil Code of the State of California which states: “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 WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Rules and Safety Equipment. I agree: (i) to abide by the rules established by FITNV, (ii) to inform FITNV immediately if I become aware of any conduct or equipment conditions that present a danger to me or others; (iii) to wear/use any required equipment at all times while participating in the Activity; and (iv) that FITNV may terminate my participation for any reason, including without limitation if it determines I am incapable of safely meeting the rigors of the Activity.
Indemnification. I agree to indemnify, defend, and hold harmless FITNV and its agents, employees, and independent contractors (including without limitation investigation costs, court costs, legal fees, and attorneys’ fees) from (i) any and all claims by me, my spouse, my family members, or others arising from my injury or loss due to my participation in the Activity (including those arising from the inherent risks of the Activity or the ordinary negligence of FITNV), and (ii) any and all claims of co-participants, rescuers, and others arising from my conduct during my participation in the Activity.
Scope of the Activity. I acknowledge, understand, and agree that participating in the Activity, and the information and materials provided in connection therewith, is not a substitute for the advice of my doctor or other medical adviser. The scope of FITNV‘s services does not include treatment or diagnosis of specific illnesses or disorders, or recommendations regarding the appropriateness of medications. If I suspect I may have an ailment or illness that may require medical attention, FITNV recommends that I consult with a licensed physician without delay. I will not rely on any FITNV materials as a substitute for such a consultation. I further understand, acknowledge and agree that FITNV does not promise or guarantee that I will experience any benefits by participating in the Activity or any other results.
Publicity Authorization. I understand FITNV may take photos and videos during the Activity for its website, social media accounts or other business purposes. By signing below, I hereby grant FITNV, its employees, representatives and contractors, without limitation, the right to use my name and likeness, and authorization to take and use visual/audio recordings or images of me in connection with my participation in the Activity, without further consent from, or any royalty or other compensation to, me. There is no time limit or any geographic limitation where visual/audio recordings or images of me may be distributed, published, or used by FITNV. I understand that such materials may be edited, copied, exhibited, published, or distributed and that I have no right to review or approve any visual/audio recordings or images of me before they are used.
Health Status. Emergency Care. I represent and warrant that I: (i) do not have any medical conditions or problems that would limit or otherwise affect my participation in the Activity; and (ii) possess sufficient fitness and skill to enable safe participation in the Activity. I authorize or agree: (a) FITNV to administer emergency first aid, CPR and AED if deemed necessary by FITNV; (b) FITNV to secure emergency medical care of transportation if deemed necessary by FITNV; (c) FITNV to share my medical history with medical personnel when FITNV deems necessary; and (d) to assume all costs of emergency care and transportation.
Activities and Assumption of Inherent Risks. I understand that the Activity is inherently hazardous, and that risks of participating in the Activity include without limitation falls, fractures, concussions, overexertion, overheating, participant collisions, muscle and connective tissue injury, equipment failures, participant negligence, errors in judgment of FITNV or its employees or contractors, or injuries from my lack of fitness or conditioning. I understand the inherent risks of the Activity are serious and that participating in the Activity is dangerous regardless of the care taken by FITNV and its employees or contractors. I also understand that any equipment I use during the Activity I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability. I acknowledge that FITNV has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Activity. I have read the previous paragraphs and (a) I know the nature of the Activity described above; (b) I understand the demands of this activity relevant to my physical condition and fitness level, and (c) I appreciate the potential impact of the types of injuries that may result from the Activity. I hereby assert that my participation in the Activity is voluntary and that I knowingly and willingly assume all of the inherent risks of the Activity.
Initials:
Waiver of Liability. I hereby release, and forever discharge FITNV, its agents, employees, and independent contractors from and against any and all injuries (including death), liability, claims (including negligence), suits, charges, damages, demands, obligations, acts, omissions, costs, expenses (including attorneys’ fees and costs), actions, and causes of action and otherwise of every type, nature, kind, or description whatsoever (collectively, “Claims”) whether in law or in equity or known or unknown, of any kind whatsoever, of or to me, my property, or any other person, directly or indirectly arising from or in connection with my participation in the Activity or the use of my name and likeness. This agreement applies, but is not limited to (i) personal injury (including death) from incidents or illnesses arising from participating in the Activity (including without limitation all premises, fitness facilities and associated streets, sidewalks, and parking lots; any instruction by FITNV staff during personal training, classes, and/or events; use of and malfunction of equipment; and/or supervision or dietary recommendations); and (ii) any and all claims resulting from the damage to, loss of, or theft of property.
I hereby forever waive and fully relinquish any right to sue or any other claims or demands that I may have against FITNV, arising out of or relating to my participation in the Activity, even if any right or claim arises: due to the negligence or fault of FITNV and/or any third party, is due to a dangerous or defective condition of any property, facilities, or equipment, or FITNV is subject to liability arising without fault. I hereby expressly waive my rights under Section 1542 of the Civil Code of the State of California which states: “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 WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Rules and Safety Equipment. I agree: (i) to abide by the rules established by FITNV, (ii) to inform FITNV immediately if I become aware of any conduct or equipment conditions that present a danger to me or others; (iii) to wear/use any required equipment at all times while participating in the Activity; and (iv) that FITNV may terminate my participation for any reason, including without limitation if it determines I am incapable of safely meeting the rigors of the Activity.
Indemnification. I agree to indemnify, defend, and hold harmless FITNV and its agents, employees, and independent contractors (including without limitation investigation costs, court costs, legal fees, and attorneys’ fees) from (i) any and all claims by me, my spouse, my family members, or others arising from my injury or loss due to my participation in the Activity (including those arising from the inherent risks of the Activity or the ordinary negligence of FITNV), and (ii) any and all claims of co-participants, rescuers, and others arising from my conduct during my participation in the Activity.
Scope of the Activity. I acknowledge, understand, and agree that participating in the Activity, and the information and materials provided in connection therewith, is not a substitute for the advice of my doctor or other medical adviser. The scope of FITNV‘s services does not include treatment or diagnosis of specific illnesses or disorders, or recommendations regarding the appropriateness of medications. If I suspect I may have an ailment or illness that may require medical attention, FITNV recommends that I consult with a licensed physician without delay. I will not rely on any FITNV materials as a substitute for such a consultation. I further understand, acknowledge and agree that FITNV does not promise or guarantee that I will experience any benefits by participating in the Activity or any other results.
Publicity Authorization. I understand FITNV may take photos and videos during the Activity for its website, social media accounts or other business purposes. By signing below, I hereby grant FITNV, its employees, representatives and contractors, without limitation, the right to use my name and likeness, and authorization to take and use visual/audio recordings or images of me in connection with my participation in the Activity, without further consent from, or any royalty or other compensation to, me. There is no time limit or any geographic limitation where visual/audio recordings or images of me may be distributed, published, or used by FITNV. I understand that such materials may be edited, copied, exhibited, published, or distributed and that I have no right to review or approve any visual/audio recordings or images of me before they are used.
Health Status. Emergency Care. I represent and warrant that I: (i) do not have any medical conditions or problems that would limit or otherwise affect my participation in the Activity; and (ii) possess sufficient fitness and skill to enable safe participation in the Activity. I authorize or agree: (a) FITNV to administer emergency first aid, CPR and AED if deemed necessary by FITNV; (b) FITNV to secure emergency medical care of transportation if deemed necessary by FITNV; (c) FITNV to share my medical history with medical personnel when FITNV deems necessary; and (d) to assume all costs of emergency care and transportation.
Miscellaneous. No modification of this Release shall be effective unless it is made in writing and signed by all of the parties hereto. This Release is governed by the laws of the State of California, the appropriate trial court for the County of Napa, California has the sole and exclusive jurisdiction and that only the substantive laws of the State of California will apply. I expressly agree that the foregoing Release is intended to be as broad and inclusive as is permitted by California law and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This Release shall be binding upon and enforceable against me, my personal representatives, spouse, assigns, heirs, and next of kin without limitation. This document constitutes the entire agreement on the subject matter contained herein between FITNV and me, and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters.
ACKNOWLEDGEMENT: By signing below, I, the undersigned (referred to herein as “I”, “me”, or “my”) acknowledge and agree that I have read this Assumption of Risk, Waiver of Liability, and Indemnification Agreement (“Agreement”) and fully understand its terms. I acknowledge and agree that I am participating in the Activity and signing this Agreement freely and voluntarily and intend by my signature to be bound by its terms.
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