In consideration of the fee paid, Alchemy Strength & Conditioning agrees to provide to participant (“Class” and/or "Personal Training") activity. In exchange, the undersigned ("Participant") agrees to release and discharge from liability Alchemy Strength & Conditioning and its owners, directors, officers, employees, contractors, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as "Releasees"), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate. Specifically, participant agrees to hold harmless Alchemy Strength & Conditioning and its Releasees from all losses, damages, injuries, causes of actions, claims, or complaints in the event that the participant is damaged or injured in any way during the participation, instruction and/or performance of any exercise or during any activity associated with the class location or during transit to or from the class.
Participant also agree as follows:
1. Participant acknowledges that participating in class activities involves known and unanticipated risks which could result in physical or emotional injury, paralysis, or permanent disability, death, and property damage. Risks include, but are not limited to, broken bones, torn ligaments or other injuries as a result of falls or contact with other participants medical conditions resulting from physical activity; and damaged clothing or other personal property. Participant understands such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
2. Participant expressly accepts and assumes all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
3. Participant hereby voluntarily releases, forever discharges, and agrees to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with participation in this activity, or use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney's fees and costs to enforce this agreement, Participant agrees to indemnify and hold them harmless for all such fees and costs.
4. Participant represents they have adequate insurance to cover any injury or damage Participant may suffer or cause will participating in this activity, or else agrees to bear the costs of such injury or damage themselves. Participant further represents that they have no medical or physical condition which could interfere with their safety in this activity, or else is willing to assume - and bear the costs of - all risks that may be created, directly or indirectly, by any such condition.
5. In the event that Participant files a lawsuit, Participant agrees to do so solely in the state where Releasees' facility is located, and further agrees that the substantive law of that state shall apply.
6. Participant agrees that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
7. Participant further agrees to strictly obey instructors and observe safety rules.
8. Because of the physical demands of this program, participant understands that he/she must be in good physical condition to
participate in the class. Participant understands that in case of injury, the only medical treatment Alchemy Strength & Conditioning will provide is first aid.
9. Participant agrees that any pictures, audio, or visual recordings taken of him/her in connection with the class can be used for publication, promotion, articles, shows and advertisement without additional consent and without compensation at this time or any other time.
I, the undersigned, have read and understand this release and agreement and agree to its provisions. I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I am not under their influence of any drugs, alcohol, or other intoxicants. I am not suffering from any illness or incapacity. I am over 18 years of age. (If not over 18 years of age, parent or guardian must sign.)
By signing this document, I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
I have read and understood this document and I agree to be bound by its terms.