Terms and Conditions
PARTICIPANT WAIVER/RELEASE FORM
I hereby affirm I am in good health and capable of participating in the fitness activities for which this assumption of risk is prepared. I am aware of all inherent dangers in exercise participation. I also acknowledge and fully understand I will be engaging in activities that involve risk of serious injury, including permanent disability or death, and severe social and economic losses which might result not only from my own actions, inaction or negligence, but action, inaction, or negligence of others, or the conditions of the premises on or off site or of any equipment used. Further, I am aware that there may be other unknown risks not reasonably foreseeable at this time and assume all the foregoing risk and accept personal responsibility for the damages following such injury, permanent disability or death. I understand that Just Pedal Cycle Studio, LLP shall have no responsibility to pay for medical treatment and related costs if I am injured. At all times, I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff of Just Pedal Cycle Studio, LLP. I further understand and acknowledge that neither this Just Pedal Cycle Studio, LLP nor Just Pedal Cycle Studio, LLP Franchising manufactures or other equipment or products available in this Just Pedal Cycle Studio, LLP Studio and therefore this Just Pedal Cycle Studio, LLP Franchise and Just Pedal Cycle Studio, LLP Franchising will not be held liable for defective equipment or products. I hereby release, discharge, covenants not to sue and/or otherwise indemnify the organizations listed above, its affiliated organizations and sponsors, their instructors, managers, employees, members and associated personnel, officers, directors, agents, including the owners and lessees of premises used to conduct the activity. Just Pedal Cycle Studio, LLP and any individuals associated are not responsible for the condition of workout areas on/off our premises. I understand that it is my responsibility to consult my personal physician to determine my fitness to participate. In consideration of participation, I do for myself, my heirs, executors, administrators and/or assigns hereby release, waiver discharge and relinquish any action or causes of action which may hereafter arise for my estate and agree that under no circumstances will I or my heirs, executors, administrators an/or assigns prosecute or present any claim for personal injury, property damage, loss of consortium, or wrongful death against the above organizations, their instructors, managers, employees, members and associated personnel, officers, directors, agents, including the owners and lessees of premises used to conduct the activity, or representatives for any said causes of action, whether the same shall arise by the negligence of any said persons.
I acknowledge that I have carefully read this release and fully understand that in participating in one or more of the courses, or using the facilities of Just Pedal Cycle Studio, LLP there is the possibility of physical injury. I agree to participate in any or all activities offered by the above named organization, and do so of my own free will and entirely at my own risk. I hereby certify that I am of at least 18 years of age and competent to enter into this agreement under Indiana law.
This agreement shall be governed in all respects by the substantive law of the State of Indiana, without regard to conflict of law principles. Member hereby unconditionally consents to submit to the jurisdiction of the federal and state courts sitting in the State of Indiana for all actions, suits or proceedings arising out of or relating to this agreement. By registering for Just Pedal Cycle Studio, LLP and/or participating in Just Pedal Cycle Studio, LLP classes, events, activities and using the exercise equipment and facilities provided by Just Pedal Cycle Studio, LLP, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that Just Pedal Cycle Studio, LLP and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me, or my guest in, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the company. I am aware that by participating in indoor cycling classes, I am subject to a range of injuries, varying from one activity to another, that include, but are not limited to (1) minor injuries such as abrasions, contusions, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. I have read and thoroughly understand the Bike Safety Instructions posted on the website and available at Just Pedal Cycle Studio facility. I agree to comply with all stated and customary rules and regulations, posted safety warnings and verbal instructions given to me by Just Pedal Cycle Studio, LLP staff. Just Pedal Cycle Studio, LLP staff is authorized to subjectively withdraw my participation in Just Pedal Cycle Studio, LLP classes, and access to Just Pedal Cycle Studio, LLP facilities if I am thought to be in any physical risk, until a physical letter from a doctor addressing specific Just Pedal Cycle Studio, LLP’s specific concerns and permitting participation, is furnished to Just Pedal Cycle Studio, LLP staff. By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest, and I hereby fully and forever release and discharge Just Pedal Cycle Studio, LLP, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities. By signing this agreement, I confirm that I have no medical or physical condition that would prevent me from properly using any of Just Pedal Cycle Studio, LLP Classes and Facilities, do not have a physical or mental condition that could put me in any physical or medical danger, and have not been instructed by a physician to refrain from physical exercise. I acknowledge that if I have any chronic disabilities or conditions, I am at risk in participating in Just Pedal Cycle Studio, LLP Classes, Events and Facilities, and should not partake in such activities.
I hereby irrevocably consent to and grant Just Pedal Cycle Studio, LLP the exclusive and unlimited right to use and reproduce any and all photographs, slides, moving pictures, audio and visual recordings or testimonial accounts taken by this Just Pedal Cycle Studio, LLP employees, Just Pedal Cycle Studio, LLP Franchising’s employees, or at this Just Pedal Cycle Studio, LLP Studio and events of Just Pedal Cycle Studio, LLP, that contain my name, image, voice, likeness or account, in any and all media now or hereafter known, including, without limitation, Just Pedal Cycle Studio, LLP records, television, radio, print media and distribution over the internet, for illustration, exhibition, promotion, art, editorial, advertising, sale, press conferences, meetings, hearings, educational conferences, trade, or any other purpose whatsoever, either with or without my name or photo accompanying such use. I waive the right to inspect, approve or edit any such use or reproduction, and Just Pedal Cycle Studio, LLP may make any and all changes, modifications, rearrangements, additions or deletions in its use reproductions without any approval. This permission extends to all languages, media, formats and markets now known or hereafter devised. I am aware, acknowledge and agree that if any provision of this Participation Waiver and Release Form is found to be unenforceable or invalid in any way, the remaining provisions will remain in force and effect.
I acknowledge that I have read this PARTICIPATION waiver AND RELEASE and have received the opportunity to discuss this with my legal counsel, fully understand its terms, and understand that I am giving up substantial rights including my right to sue Just Pedal Cycle Studio, LLP and further, I acknowledge that I fully understand the terms of this PARTICIPATION waiver AND RELEASE is indefinite and acknowledge that I have signed it freely and voluntarily without any inducement, assurance, guarantee, or oral representation being made.