ASSUMPTION OF RISK, INDEMNIFICATION AND WAIVER OF LIABILITY
In consideration of the permission granted to me to access, use and/or otherwise avail myself of those certain facilities available to me as a user or guest at the facility operated by Apex Fitness Inc. (“Gym”), I, the undersigned, hereby irrevocably and unconditionally release, discharge, hold harmless, indemnify, and covenant not to sue the Gym, Apex Fitness Inc., and any other legal entities related to the operation or ownership of the Gym, affiliates, subsidiaries, members, employees, officers, instructors, volunteers, aides, contractors and/or agents (collectively, the “Released Parties”) from any and all liabilities, injuries, illness, disability, death, losses, claims, damages, demands, rights of action or causes of action, present or future, known or unknown, foreseen or unforeseen, arising out of or in any manner resulting from my presence at or use of the Gym or the facilities, any real property upon which the Gym is located or otherwise used in connection with the Gym, any improvements, rental equipment, personal property, apparatus, appliance, facility, privilege or service whatsoever owned, leased or operated by the Gym (collectively, “Gym Facilities”), whether caused in whole or in part by the negligence, acts, omissions, carelessness, or other conduct of the Released Parties (collectively, “Claims”). This Assumption of Risk, Indemnification and Waiver of Liability (this “Release”) shall be binding upon my heirs, executors, administrators and assigns. Further, I hereby agree to release and discharge the Released Parties from any and all liability for any loss or theft of, or damage to, any personal property within the Gym.
ASSUMPTION OF RISK: I understand that my access to, use of, or participation at the Gym Facilities, and the various attractions offered by the Gym, including but not limited to engaging in any workout, using free weights, weight machines, cardio equipment, games, competition or other activity operated, organized, arranged or sponsored by the Gym (collectively, “Activities”), carry certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Further, I understand that there are inherent risks associated with exercise and participation in recreational activities, including but not limited to those associated with use of the exercise equipment, free weights, weight machines, cardio equipment and facilities, and other Gym Facilities (as applicable). Some of these risks are outlined below, but there may be other, unknown risks that are an inevitable part of using the Gym Facilities and participating in Activities. Because of these risks and hazards, serious accidents can occur. All of these risks and hazards, and others not listed here, may result in injuries severe enough to require serious medical care, short or long-term disability, dismemberment or death.
By signing this Release, the undersigned acknowledges that he or she are in good health and know how to utilize fitness equipment safely. The undersigned acknowledges that the Gym does not provide supervision, instruction, or assistance for the use of all Gym Facilities. The undersigned agrees to comply with all rules imposed by the Gym regarding the use of Gym Facilities and equipment, as amended from time to time. The undersigned agrees to conduct himself or herself in a controlled and reasonable manner at all times, and to refrain from using any Gym Facilities in a manner inconsistent with its intended design and purpose.
My access to, use of, or participation in Activities is completely voluntary, and I assume all risk associated therewith, including, without limitation, scrapes, lacerations, impact injuries, illness, infection, mental stress and anxiety, weather conditions, slips and falls, equipment failure, sexual assault, damage to property, drowning, disfigurement, death, and any other risks foreseeable or not foreseeable. I authorize the Released Parties to call for medical care for myself if, in the sole opinion of the Released Parties, medical attention is prudent or needed and I hereby agree to pay all costs associated with such medical care. IN EXCHANGE FOR THE GYM ALLOWING ME TO USE THE GYM FACILITIES AND THE OPPORTUNITY TO PARTICIPATE IN ANY SERVICE, ACTIVITY, OR EVENT ASSOCIATED WITH THE GYM, I AGREE THAT BY SIGNING THIS RELEASE I (SUBJECT TO FLORIDA LAW), WAIVE AND FOREVER RELEASE THE RELEASED PARTIES FROM LIABILITY FOR ANY CLAIMS. IN OTHER WORDS, I ASSUME ALL THE RISKS AND ALL THE RESPONSIBILITY FOR MY OWN WELLBEING.
INDEMNIFICATION: I agree to defend, indemnify and hold harmless the Released Parties from and against any and all losses, damages, claims or suits arising out of or caused by the intentional or negligent acts or omissions of myself in connection with the Gym, including personal injury, property damage, use of the Gym Facilities or participation in Activities.
WAIVER OF LAWSUIT/LIABILITY: I hereby waive, release, covenant not to sue, discharge, and hold harmless the Released Parties of and from any Claims arising out of or relating to use of the Gym, Gym Facilities or participation in Activities. I understand and agree that this Release waives any Claims based on the actions, omissions, or negligence of the Released Parties, whether during, or after participation in any Activity. I understand this Release means I give up the right to bring any Claims.
MISCELLANEOUS
: I HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY OR TO HAVE A JURY PARTICIPATE IN ANY DISPUTE RESOLUTION ARISING OUT OF THIS RELEASE. I fully understand and agree that: (a) this Release is a release of, without limitation, any liabilities, losses, claims, damages, demands, rights of action or causes of action resulting from or arising out of the acts, omissions and negligence of the Released Parties; (b) this Release is intended to be as broad and inclusive as permitted by the laws of the State of Florida; (c) if any portion of this Release is for any reason held invalid or legally unenforceable, then the balance shall, notwithstanding, continue in full force and legal effect; and (d) I have read this Release in its entirety and have had the opportunity to ask any questions about this Release and I fully understand its terms and meaning. Any litigation arising out of or related to my utilization of the Gym and/or Gym Facilities shall be brought in the appropriate state court in Clay County, Florida, and in no other court. Florida law shall govern this Release.
I, the undersigned, hereby agree that if while participating in the Activities or using the Gym Facilities, I observe any unusual hazard or condition, which I believes jeopardizes my personal safety or others, I will remove myself from participation in the Activities and/or use of the Gym Facilities and immediately bring said hazard or condition to the attention of the Gym. My signature below, in physical or digital form, reflects my express assent to be bound to the terms of this Release.
ELECTRONIC SIGNATURE: Pursuant to Section 668.50, Florida Statutes, this Release may be electronically signed and such electronic signatures are the same as handwritten signatures for purposes of validity, enforceability, and admissibility.
Member Signature: ________________________________ Date: ____________________
Printed Name: {name} - Full name
