RISE MIND BODY FITNESS
TRAIN FOR LIFE. RISE ABOVE AVERAGE.
THIS IS A WAIVER AND RELEASE OF LIABILITY TO WHICH YOU WILL FOREVER BE BOUND. READ IT CAREFULLY AND DO NOT SIGN IT UNLESS YOU HAVE READ AND UNDERSTOOD IT.
Upon signing this Agreement and forever thereafter, you (for yourself or minor child, as the case may be) in consideration of the premises and subject to the representations, warranties, covenants and other terms and conditions contained herein, agree as follows:
1. You, or your minor child, as the case may be, has enrolled in a program of strenuous physical exercise and nutrition program which may include but not limited to lifting weights, strength train, stretching, aerobic activity, various physical and other exercises ( the “Workout”).
2. You represent and warrant to RISE Mind Body Fitness (“RISE” or the “Company”) that the RISE Application was completed completely, truthfully and accurately on behalf of the participant (“Participant”);the Participant consulted with his/her personal physician with respect to participation in the workout and you or your child does not suffer from any health condition or disability that would prevent or limit the Workout, that you or your child’s personal physician has authorized the Workout.
3. If you or your child engage in the Workout or any other physical exercise or activity, uses any RISE facility, or is present on the RISE premises, you or child 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 our of or during the Workout or physical exercise.
4. The assumption of risk includes but is not limited to any injury arising out of or related to the Workout, use of weights, any exercise equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, stairs, sauna, lobby area, or any other part or item in or around the RISE facility.
5. You agree to assume the risk of your participation in any activity, class, program, instruction, or RISE-sponsored event. You agree that you are voluntarily participating in the aforementioned Workout, activities and assume all risk, known and unknown, associated with the Workout and using RISE facilities, weights, equipment and premises including, without limitation, any loss or theft or destruction of any personal property
6. The undersigned fully understands and acknowledges that the Workout involves strenuous physical activity and that the physical injury may occur as a result of participation in the Workout. N consideration of the undersigned’s (or his or her child’s) participation in the Workout with RISE,the Undersigned on behalf of the Participant ( or his or her child, as the case may be) and, his or her heirs, successors, and assigns herby releases and forever release and discharges RISE from any and all claims, demands, injuries, personal injuries, or causes of action arising from or out of the undersigned’s participation in the Workout and any and all liability for heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, stress fractures of bones, shin splits, tendonitis, heat prostration, knee injuries, hip injuries, shoulder injuries, and any other illness or physical injury related to arising from or out of the undersigned’s participation in the Workout.
7. You agree on behalf of yourself or minor child, as the case may be (and your spouse, all your, children, personal representatives, heirs, executors, administrators, agents, and assigns) to forever release and discharge RISE and its owners, employees, agents, representatives, attorneys, affiliates, successors, and assigns from any and all claims or causes of action (known or unknown) arising out of negligence of RISE, whether active or passive, or that of any of its affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur or arise out of (a) the Workout (b) your or your child’s use of any exercise equipment or facilities which may malfunction or break, (c) RISE’s improper maintenance of any exercise equipment or facilities, (d) RISE’s negligent instruction or supervision, including but not limited to RISE’s negligent inspection or maintenance of it’s 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 laws of the State of Michigan, and that if any portion of this agreement is held invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and effect
8. 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 RISE FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON IT’S PREMISES. YOU HAVE READ AND VOLUNTARILY SIGNED THE WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT PART FROM THE FOREGOING WRITTEN A YOURSELF AND YOUR SPOUSE, CHILDREN, SUCCESSORS, HEIRS, AND ASSIGNS, THAT THE ABOVE REPRESENTATIONS ARE CONTRACTUALLY BINDING, AND ARE NOT MIRER RECITALS, AND THAT SHOULD YOU OR YOUR SUCCESSORS ASSERT ANY CLAIM IN CONTRAVENTION OF THIS AGREEMENT, THE ASSERTING PARTY SHALL BE LIABLE FOR THE EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) INCURRED BY THE OTHER PARTY OR PARTIES IN DEFENDING AGAINST ANY SUCH ACTION
The undersigned agrees to the foregoing and if a parent or guardian represents that he or she is authorized to sign as the guardian/parent of the minor child. Please type your name (or your childs name) and initials below as your signature of consent.