In recognition of the possible dangers connected with any physical activity, member(s)/ client(s) hereby acknowledge and voluntarily waive any right of cause of action, of any kind whatsoever, arising as the result of such activity from which any liability may or could accrue to BodyWorx Clubs (BWC or Clubs) , its owners, agents, managing agents, independent contractors or instructor/trainers. I am participating in the activities, exercise classes, equipment use, personal training and fitness programs offered and use of the facilities offered by BWC or independent contractors, such as personal trainers, massage therapists and group instructors, during which I will receive information and instruction about movement, exercise and health. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in these exercise classes, personal training and fitness programs. I represent and warrant that I am physically fit and I have no physical, mental, medical or emotional condition which would prevent my full participation in these activities, exercise classes, equipment use personal training, fitness programs and use of the facilities.¬¬ In consideration of being permitted to participate in activities, exercise classes, equipment use, personal training and fitness programs, and use of the facilities, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the program or the use of the facilities. Member agrees for himself/herself, and on behalf of Member`s heirs and estate to each of the following: Club will not be liable for any injury and/or death, relating to, arising out of, or in connection with, member`s use of the Club`s facilities, services, equipment or premises, whether related to exercise or not. Member further agrees to waive and release Club from any and all negligence of the Club, its agents, employees or anyone acting on Club`s behalf as well as any independent contractors. This waiver and release of all liability includes, without limitation, injuries which may occur as a result of (a) your use of any premises or facility, or its improper maintenance; (b) your use of any exercise equipment which may malfunction or break; (c) Club`s improper maintenance of any exercise equipment or premises; (d) Club`s lack of staffing, negligent instruction or supervision; (e) Club`s negligent hiring or negligent retention of any employee or independent contractor; (f) loss of consortium; (g) your slipping and falling while in any club or on the surrounding premises; or (h) first aid, emergency treatment or any other services which are negligently rendered or failed to be rendered by Club or its employees, emergency personnel or good Samaritans, or Club`s negligently preventing a good Samaritan from rendering first aid. Member further acknowledges that Club does not manufacture fitness or other equipment, but purchases and/or leases equipment from manufacturers or distributors. Member understands and acknowledges that Club is providing recreational or health related services, and will not be held liable for an alleged defective product. Member acknowledges they are joining a 24hr key club, which will require the use of an access card/fob which will be provide at time of signup.
In further consideration of being permitted to participate in exercise classes, personal training and fitness programs, I knowingly, voluntarily and expressly waive any claim I may have against BWC, its owners, agents, managing agents, independent contractors and employees, for injury or damages that I may sustain as a result of participation in any BWC programs or the use of the facilities. It is specifically understood that BWC, its owners, agents, managing agents, independent contractors and employees shall not be responsible or liable to those who use the facilities of EF Body Works or their guests for articles of personal property lost or stolen in the facilities nor damages to their automobiles and contents thereof. I, my heirs or legal representatives forever release, waive discharge and covenant not to sue BWC for any injury or death caused by their negligence or other acts or omissions.
I acknowledge that I have voluntarily chosen to participate in one or more physical exercise or fitness activity or sport programs (the "Programs"). I acknowledge (i) the nature of the risks of the particular Programs 111 vvhich I have chosen to participate,
and (ii) the strenuous nature of those P grams. I understand, for example,the risks associated with physical inj ury, abnormal blood pressure, heart attack and even death; as well as the risks associated with the negligence of a Tivity Health Services, LLC participating location and any othe1 organization or individual participating or involved in providing or promoting any classes, functions, Programs, testing, or other activities that I participate in as a Tivity HealthTM Program member (including without limitation the owners, officers, directors, employees, and representatives of any of the foregoing).
By signing this document, I expressly assume all risk for my health and well-being and expressly assume the other risks associated with participating in the Programs, including, but not limited to, the negligence of a Tivity Health participating
location and any other organization or individual participating or involved in providing or promoting any classes, functions, Programs, testing, or other activities that I pa1�ticipate in as a Tivily Health Program member (including without limitation the owners, officers, directors, employees, and representatives of the foregoing). I also hereby release,waive, discharge and covenant not to sue any class instructor, any Tlvity Health participating location, any sponsoring organization, Tivity Health, Inc., or any of their subsidiaries or any other organization or individual providing or promoting classes, funct ions, Programs,
testing, or other activities that I participated in as a Tivity Health Program member (including without limitation the owners, officers, directors,employees, and representatives of any of the foregoing) at any time hereafter, from any and all demands, liabilities, losses, or damages (including death, bodily injury or damage to property) caused or alleged to be caused in whole or in part by the negligence of any of the foregoing people or entities. In addition, I agree that Tivity Health may engage in - and
I hereby expressly consent to - (i) the recording (in video and/or still photo format) of my participation in Tlvity Health classes, workshops or other programs, and (ii) the publication or other use by Tivity Health of any such recordings in socia l media, broadcast media, print media, general advertising and similar purposes.
I have read and understand this waiver and express assumption of risk. I have also read, understand, and will adhere to all guidelines and policies in regard to this benefit This waiver and release shall survive the term of any agreement with a Tivity Health participating location or individual.
In the event that my physicia n has recommended any limitations to my physical activlty or I have experienced any of the . following conditions, I hereby attest that I have informed my physician of the condition(s) and have obtained express consent from my physician to participate in the Programs.
Chest pains while at rest and/or during exertion, previous heart attack or high blood pressure
Any heart or circulatory conditions, such as vascular disease, stroke,chest pain,congestive heart failure, poor circulation to the legs, valvular heart disease, blood clots
Frequent fast, irregular heartbeats OR very slow heartbeats
Previous hip or spinal fracture (as an adult)
Lung disease or shortness of breath after mild exertion, at rest, or in bed
Open cuts on my feet that do not seem to heal
An unexplained weight loss of ten (10) pounds or more in the past six (6) months
More than two fal ls in the past year (no matter what the reason)
More than one year since I have engaged in regular physical activity