Waiver and Release of Liability
Express assumption of risk: I, the undersigned, am aware that significant risks are involved in all aspects of physical training, including, but not limited to, the physical training inherent to working out, and that my participation in any such physical training program carries with it the potential for death, injury, and/or property damage. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, actions of other people including but not limited to, participants, volunteers, spectators, coaches, and trainers and lack of hydration. These risks are not only inherent to physical training and athletics, but are also present for volunteers and spectators. I hereby assume all of the risks of participating, volunteering, or watching in any and all physical training. I realize that liability may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault. With full understanding of the potential risks, I HEREBY ASSUME THE RISKS OF PARTICIPATING, IN ANY WAY, IN PHYSICAL TRAINING SESSIONS, CLASSES, OR EVENTS, INCLUDING THE PROGRAMMING.
I certify that I am physically fit to participate in this physical training and have not been advised otherwise by a qualified medical person. I consent to receive medical treatment which may be deemed advisable in the event of injury, accident and/or illness during my participating in any training session, class or event.
I understand and give my permission for my photo to be taken during classes and used on the gym’s social media platforms including, but not limited to: facebook, instagram, twitter, and website.
I understand that this Accident Waiver and Release of Liability (AWRL) is being relied upon by the persons or entities being released, so that I may participate in the sessions, classes, or events. Further, this AWRL will govern my actions and responsibilities at the sessions, classes or events. In the event that my actions in a session, class, or event are disrespectful, offensive, or simply unacceptable toward Johnathon and Colleen Bohnert or fellow members. I understand that Johnathon and Colleen Bohnert reserves the right to discontinue my participation and require that I leave the property immediately.
I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
I WAIVE, RELEASE, and DISCHARGE Colleen Bohnert, Johnathon Bohnert, Underground Fitness ENC inc., their directors, officers, employees, volunteers, representatives, Landlords, Landlord’s businesses, and agents from any and all liability, and any and all claims, rights, demands, or causes of action of whatsoever kind, for my injury, death, disability, damage, or property theft, which may hereafter occur by participating in any physical training and/or classes, or events. I AGREE NOT TO SUE any of the entities or persons listed above for any of the claims or liabilities that I have waived, released and discharged herein; and I AGREE TO INDEMNIFY AND SAVE HARMLESS the parties herein released, from any loss, claim, expense, demand, or cause of action of any kind or character through the assertion by any party or stranger hereto of a claim or claims connected with the subject matter of this release, and from any loss incurred directly or indirectly by reason of the falsity or inaccuracy of any representation herein by the undersigned.
This AWRL shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. In the event any part of this AWRL is deemed invalid, I agree that the remainder of the ARWL shall remain in full legal force and effect.
I have read and understood the foregoing assumption of risk, and release of liability. I understand that signing it obligates me to indemnify and save harmless the parties herein released, from any loss, claim, expense, demand, or cause of action of any kind or character through the assertion by any party or stranger hereto of a claim or claims connected with the subject matter of this release, and from any loss incurred directly or indirectly by reason of the falsity or inaccuracy of any representation herein by the undersigned. I understand that by signing this form I am waiving valuable legal rights.
This AWRL contains the entire agreement between the parties hereto. The terms of this AWRL are contractual and not a mere recital. This AWRL is executed without reliance upon any representation by any person and the undersigned has carefully read and understands the contents of this AWRL and signs the same as his/her own free act. This AWRL shall apply to each and every time I participate in any session, class, or event.