WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
Hott Striker Fitness
(Read Carefully Before Signing)
Upon signing this Agreement and forever thereafter, you (Buyer of membership, each member (the parent(s) and / or legal guardian(s) and all guests) agree that if you engage in any physical exercise or activity, use any Hott Striker Fitness facility, or are present on the premises, you do so at your own risk and assume the risk of any and all injury and/or damage you might sustain, regardless of whether such injury or damage arises out of or during Hott Striker Fitness physical exercise. Your assumption of risk includes but is not limited to your use of any exercise equipment (mechanical, free weights, heavy bags, medicine ball, suspension trainers or otherwise) sidewalk, parking lot, lobby area, fence, restroom or any other part or item in or around the Hott Striker Fitness facility. You agree to assume the risk of your participation in any activity, classes, program, instruction or Hott Striker Fitness Sponsored event. You agree that you are voluntarily participating in the aforementioned activities and assume all risk, known and unknown, associated with using the Hott Striker Fitness facilities, equipment and premises including, without limitation, any loss or theft of any personal property. You agree on behalf of yourself (and your spouse, all your children, personal representatives, heirs, executors, administrators, agents and assigns) to forever release and discharge Hott Striker Fitness owners, employees, agents, representatives, affiliates, successors, and assigns from any and all claims or causes of action (known or unknown) arising out of the negligence of Hott Striker Fitness, whether active or passive, or that of any of its affiliates, employees, agents, representatives, successors and assigns. Hott Striker Fitness recommends that you seek the advice of your physician before commencing any exercise routine. The member assumes any and all risks of injury associated with or in any manner related to his or her use of or presence upon Hott Striker Fitness premises, including injury resulting from the negligence of Hott Striker Fitness or its employees. The member assumes any and all risks of injury associated with or in any manner related to his or her use of any exercise equipment (including, but not limited to, free weights, suspension trainers, muay thai heavy bags, kick shields, medicine ball, exercise ball, etc.) located within Hott Striker Fitness Facility. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) Hott Striker Fitness improper maintenance of any exercise equipment or facilities,(c) Hott Striker Fitness negligent instruction or supervision, including personal training and (d) you slipping and falling while in the facility or any portion of the premises for any reason, including Hott Striker Fitness negligent inspection or maintenance of its facility. By executing this Agreement, you hereby agree to indemnify and hold harmless Hott Striker Fitness from any loss, liability, damage, or cost Hott Striker Fitness may incur due to your presence at the Hott Striker Fitness facility. You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the law of the state in which this agreement is entered into, and that if any portion of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that the Hott Striker Fitness is designed to and does offer service to its members encompassing the entire fitness spectrum. Hott Striker Fitness is not the business of selling, leasing or otherwise placing into the stream of commerce weightlifting equipment, or other such product, and the use of any such items is incidental to the service provided by Hott Striker Fitness.
*On behalf of the participant and individually, the undersigned partners(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite the release, the participant makes claim against any of the Releases, the parents(s) and /or legal guardian(s) will reimburse for any money which they have paid to the participant, or on his behalf, and hold them harmless.
*I hereby permanently waive any compensation whatsoever for the use of pictures, videos, media, coverage, etc. utilized by those associated with Hott Striker Fitness facility, which may be used for profit-making purpose.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. YOU ARE AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST HOTT STRIKER FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS PREMISES. YOU HAVE READ AND VOLUNTARILY SIGNED THE WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAS BEEN MADE. YOU AGREE, FOR YOURSELF AND YOUR SPOUSE, CHILDREN, SUCCESSORS, HEIRS AND ASSIGNS, THAT THE ABOVE REPRESENTATIONS ARE CONTRACTUALLY BINDING, AND ARE NOT MERE RECITALS,AND THAT SHOULD YOU OR YOUR SUCCESSORS ASSERT ANY CLAIM IN CONTRAVENTION OF THIS AGREEMENT, THE ASSERTING PARTY SHALL BE LIABLE FOR EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) INCURRED BY THE OTHER PARTY OR PARTIES IN DEFENDING AGAINST ANY SUCH ACTION.