Terms and Conditions

This agreement affects your legal rights. Please read it carefully before clicking. In addition, you will be required to sign a hard copy of this agreement at Drive Cardio before participating in any classes. I acknowledge and agree that the activities in which I am about to engage involve physical activity which may from time to time be strenuous and which carries the inherent risk of injury, including death. I must: (1) judge my own capabilities with respect to participating in classes and other activities at Drive Cardio; and (2) consult with a qualified physician before beginning any exercise regime and from time to time thereafter pursuant to my physician’s recommendations. I hereby assume all risk of injury, illness, damage or loss to me or to my property that might result, including, without limitation, any loss or theft of any personal property. I acknowledge that it is my responsibility to inform Drive Cardio personnel immediately should an injury occur. In consideration of my participation in the classes offered by, and use of the facilities and equipment located at, Drive Cardio, I hereby: (1) waive and release Drive Cardio, LLC, its principals, officers, owners, agents, employees, instructors, independent contractors, and affiliates (collectively, the “Drive Cardio Parties”) from any and all claims, demands, causes of action, damages, expenses (including attorney’s fees), losses, and liabilities of any type whatsoever, past, present, or future arising out of or relating to my activities at Drive Cardio (collectively, “Claims”) (excepting Claims caused by grossly negligent, reckless or willful conduct, except to the extent such a waiver is permitted under applicable law); (2) agree to indemnify and hold harmless the Drive Cardio Parties with respect to any and all Claims for which I may be liable to others; and (3) covenant not to sue the Drive Cardio Parties with respect to any Claim. The foregoing waiver of claims, agreement to indemnify, and covenant not to sue apply whether or not I am participating in a class, using any equipment, or acting under the supervision of Drive Cardio personnel, at the time of any occurrence, act or omission. I hereby waive the protections of Section 1542 of the California Civil Code, and any other statute or common law doctrine of like effect, which provide that a general release does not extend to certain claims which the releasing party does not know or suspect to exist at the time of executing a release, it being my express wish that the foregoing release extend to include unknown and future claims. The foregoing agreements are expressly intended to: (1) extend to my heirs, executors, administrators, legal representatives, assignees and successors in interest; (2) include injuries which may occur as a result of (a) my use of any exercise equipment or facilities which may malfunction or break, (b) Drive Cardio’s improper maintenance of any exercise equipment or facilities, (c) Drive Cardio’s negligent instruction or supervision, and (d) my slipping and falling while on the premises; and (3) include any Claims arising out of or relating to occurrences, acts and omissions anywhere on the Drive Cardio premises, including without limitation the parking structure and the walkways between it and the Drive Cardio workout facility. I have carefully read, fully understand and agree to each provision of the foregoing agreement.