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Waiver & Release of Liability As a 24-hour secure-access fitness facility, T's Sports Club LLC (hereafter referred to as "club"), has a few different policies and procedures than a typical facility. Please read the information carefully. If you have any questions, please ask. Acknowledgement of Risk and Waiver of Liability I voluntarily assume the risk of injury, accident, death, loss, cost or damage to my person or property which might arise from my use of the club, and I agree to hold harmless and release the club and all affiliated corporations, and its officers, directors, board members, agents, employees, representatives, executors, and all others from any and all liability. I also release all of those mentioned and any others acting on their behalf from any responsibility or liability for any injury or damage to myself including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with my participation in any activities or the use of any equipment at the club during staffed or non-staffed hours. General Statement of Program Objectives and Procedures I understand that a physical fitness program may include exercises to build the cardiorespiratory system (heart and lungs), the musculoskeletal system (muscle endurance, strength and flexibility), and to improve body composition (decrease of body fat in individuals needing to lose fat, with an increase in muscle and bone). Exercise may include aerobic activities (treadmill walking/running, bicycle riding, rowing machine exercise, group aerobic activity, swimming, and other such activities), calisthenics, and weight lifting to improve muscular strength and endurance, and flexibility exercises to improve joint range of motion. Description of Potential Risks I understand that the reaction of the heart, lung, and blood vessel system to such exercise cannot always be predicted with accuracy. I know there is a risk of certain abnormal changes occurring during or during exercise, which may include abnormalities of blood pressure or heart rate, in effect of functioning of the heart, and in rare instances heart attacks. Use of the weight lifting equipment, and engaging in heavy body calisthenics, can lead to musculoskeletal strains, pain, and injury if adequate warm-up, gradual progression, and safety procedures are not followed. (PAR-Q) Physical Activity Readiness Questionnaire Regular physical activity is fun and healthy, and increasingly more people are starting to become more active every day. Becoming more active is very safe for most people. However, some people should check with their Doctor before they start becoming much more physically active. If you are planning to become much more physically active than you are now, start by answering the seven questions in the box below. If you are between the ages of 15 and 69, this questionnaire (the PARQ) will tell you if you should check with your Doctor before you start. If you are over 69 years of age and you are not used to being active, check with your Doctor. Cleared for Exercise I certify that I am in good physical health and I am able to undertake and engage in the range of physical activities in which I choose to participate at the club. I assume all responsibility for updating the facility with respect to any changes in my physical or mental condition and for reporting all injuries sustained at the facility to the club staff. I understand and am aware that strength, flexibility, aerobic and anaerobic exercise, including the use of any equipment, is a potentially hazardous activity. I also understand that fitness activities involve a risk of injury and even death and that I am voluntarily participating in these activities and using equipment with knowledge of all the dangers involved. I do hereby agree to expressly assume and accept any and all risks of injury or death either accidental or otherwise. This waiver, release and indemnification agreement includes, without limitation, all injuries which may occur as a result of (a) my use of all amenities and equipment in the facility and my participation in any class, activity or personal training, (b) sudden unforeseen malfunctioning of any equipment and (c) my slipping or falling while in the facility, on the facility premises, including adjacent sidewalks and parking areas. I acknowledge that I have carefully read this waiver, release and indemnification agreement and fully understand that it is a full and complete release of all liability. Duty to Inform of Changes in Health Condition - I understand that I am required to inform the club of any material changes in my health condition in the future, including but not limited to, any changes which would cause me to change my responses to the PARQ above. This contract represents the complete understanding between you and the club . No representations, written or oral, other than those contained in this contract are authorized or binding upon the club . Should any part of this agreement due to legal or other regulatory changes become unenforceable, the remaining provisions within this agreement not impacted by such change shall remain in full force as originally written. You agree to promptly update the club of any changes of address, phone, e-mail address and/or bank account/credit card information. No use of tanning beds, spa area, personal training room, or back room during non-staffed hours. Unauthorized areas are clearly marked and secured with motion sensors and cameras during non-staffed hours. Please do not access these areas. As additional consideration for allowing both my participation in an exercise training or instruction and use of its facilities, I agree to the following Waiver and Release: I acknowledge that participation in an any exercise training program, including but not limited to weight lifting, running, jumping, balance, nutrition counseling, and sports performance training has certain inherent risks, hazards, and dangers which cannot be completely eliminated despite all safety precautions, including the potential for severe injury, paralysis, or death. I AM VOLUNTARILY PARTICIPATING IN AN EXERCISE TRAINING PROGRAM(S) AND INSTRUCTION WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJRY OR DEATH. I, for myself, my heirs, successors, executors, and assigns, hereby KNOWINGLY AND INTENTIONALLY WAIVE, RELEASE, AND HOLD HARMLESS [T's Sports Club LLC] its members, directors, officers, agents, employees, instructors, coaches and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorney’s fees) arising directly or indirectly from my participation in any exercise training program or instruction or arising while I am under the instruction, supervision, and/or control of any of the released parties, regardless of whether the damage, loss, injury, paralysis, or death results from negligence of any released party or from some other cause. I HAVE CAREFULLY READ, CLEARLY UNDERSTAND, AND VOLUNTARILY SIGN THIS WAIVER AND RELEASE AGREEMENT. You must be at least 18 years old to sign, otherwise the signature of a parent or legal guardian is required IN PERSON. SIGN (in the white space) BELOW IF OVER 18.
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