Terms and Conditions
PLEASE READ CAREFULLY BEFORE SIGNING
NOTICE: This is a legally binding release, waiver, indemnification agreement and express assumption of risk and by signing this Agreement you are forever releasing and waiving your rights to make a claim for injuries or damages against Physique22, LLC, a Wyoming limited liability company, its agents, employees or affiliates.
I, __________________________________, as a guest of Physique22, LLC, acknowledge and understand that I voluntarily agree to visit and participate in associated activities held on the property and facilities operated by Physique22, LLC, a Wyoming limited liability company.
I understand and acknowledge that I will have the opportunity to engage in various activities including but not limited to high-intensity fitness programs, Lagree Megaformer classes, cycle classes, yoga, boxing, sauna, open-gym strength training and other fitness-related workshops, classes, and instruction offered (the “Activities”). I am aware of the risks associated with participating in such activities and understand that participation in the Activities is inherently difficult and strenuous and that participation in the Activities may result in physical or psychological pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss and death. I understand that these injuries or outcomes may arise from the negligence of the principals, agents, employees, contractors, or instructors of Physique22, LLC, my own negligence or others’ negligence. Nonetheless, I assume and accept full responsibility for all related risks and injuries, both known and unknown to me, of my participation in the Activities.
I hereby freely and expressly assume all risk of injury, damage, and death associated with the Activities, including but not limited to, injury from overexertion, inability to perform suggested exercises, physical conditions that impede my ability to perform suggested exercises, failure to follow instruction; and the actions of others including other guests or members of Physique22, LLC.
I further understand that during my participation in the Activities I may require physical adjustments be made to me by Physique22, LLC’s instructors or employees and it is my responsibility to inform any instructors or employees if I do not wish to be touched or adjusted. It is also my sole responsibility to rest or otherwise cease any activity or exercise that causes me discomfort or pain.
I understand that the use of the open-gym facility is not supervised by Physique22, LLC and that all exercises, including the use of weights, number of repetitions, and use of any and all machinery, equipment, amenities and apparatus shall be at my sole risk.
If any accident, injury or death is caused by a defect or faulty design of the equipment, I hereby agree to direct any claim against the manufacturer, holding Physique22, LLC and/or its agents, employees, representatives, instructors, managers or principals harmless.
I agree to hold Physique22, LLC harmless from any and all claims, causes of action, costs and expenses, including attorney's fees for any damage or injury I cause to any property or other person.
I represent and warrant that I have either had a physical examination and have been given approval from a physician to participate in the Activities, or that I have decided to participate in the Activities voluntarily and without the prior approval of a physician.
I acknowledge that I have no physical or mental impairments, injuries, or illnesses that will endanger me or others. I understand that my participation in the Activities is not a substitute for medical attention, examination, diagnosis or the treatment of any illness, injury or disease.
In consideration for being permitted to use the property and facilities of Physique22, LLC and to participate in the Activities provided by Physique22, LLC, I hereby agree that I forever waive and release any and all claims against Physique22, LLC for any injury or damage resulting from the negligence or other acts, howsoever caused, by any employee, agent, instructor, member, manager of Physique22, LLC. Furthermore, I agree to indemnify and hold harmless Physique22, LLC and its agents, employees, instructors, members, managers or contractors against any claim for injury or damages that I may sustain as a result of my participation in any of the activities of Physique22, LLC.
In the event that it is determined that I may need medical treatment, Physique22, LLC is authorized to obtain medical treatment for me. I understand and agree that I will be financially responsible for any costs of such treatment. I agree to indemnify and hold harmless Physique22, LLC for any claims resulting from any medical treatment.
I acknowledge and agree that in the event any claim or cause of action is made by me or on my behalf against Physique22, LLC and/or its agents, employees, representatives, instructors, managers or principals, I shall be responsible for any and all attorneys’ fees and costs incurred by Physique22, LLC in defending any such claim or cause of action. I acknowledge and agree that the laws of the State of Wyoming shall govern this Agreement (without reference to its principles of conflicts of law), and venue for any court proceeding shall be in the courts of Teton County, Wyoming, and I waive any right to a jury trial.
If signing on behalf of a minor, I, as the parent or guardian, agree to indemnify and hold harmless Physique22, LLC, its principals, instructors, employees and volunteers, for any claims brought by or on behalf of the minor.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS AND CONDITIONS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND PHYSIQUE22, LLC AND I SIGN IT OF MY OWN FREE WILL AND CHOICE.