ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
In consideration of being permitted to participate in personal training services with Chasing Dreams Fitness, LLC, Releasor, for himself or herself, and his or her personal representatives, heirs, and next of kin, releases, waives, discharges and covenants not to sue Chasing Dreams Fitness, LLC, its Trainer, Trainer affiliates, its agents, members, owners, officers, servants, and employees, their heirs, administrators, executors, all referred to as “Releasees”, from all liability to the Releasor, his or her personal representatives, assigns, heirs and next of kin for all loss or damage, and any claim or damage, on account of injury to the person or property or resulting in death of the Releasor, whether caused by the negligence of Releasees or otherwise while the Releasor is participating in any activity with Releasees. This waiver and release includes, but is not limited to, injuries which may occur as a result of using exercise equipment or facilities which may malfunction or break, improper maintenance of exercise equipment, premises or facilities, negligent instruction or supervision by Trainer and injuries resulting from Trainer’s negligent inspection or maintenance of the facility or premises.
Releasor agrees to indemnify and hold harmless the Releasees and each of them from any loss, liability, damage or cost Releasees may incur due to the personal training provided by Releasees, whether caused by the negligence of the Releasees or otherwise.
Releasor assumes the risk and full responsibility for any and all bodily injury, illness death or property damage due to negligence of Releasees or otherwise while engaged in the physical exercise activities with Releasees, including assuming the risk of using any exercise equipment (aerobic, strength, free weights, mechanical or otherwise), whether provided by the Releasees or not. Releasor acknowledges that there are inherent risks associated with physical fitness and training. Releasor assumes the risk of participating in any activity or instruction, including but not limited to, running, jogging, aerobic activities, weightlifting, yoga, pilates, stretching, or any other sporting or recreational endeavor. Releasor further acknowledges that Releasees are not liable in damages in tort or other civil action for harm Releasor sustains during the training sessions provided for by Releasees.
Releasor agrees that this assumption of risk, waiver and release of liability and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of Ohio and that if any portion of the agreement is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.
Releasor, being of lawful age, in consideration of being permitted to participate in the activities of Releasees, does for himself or herself, his or her heirs, executors, administrators, and assigns, releases, waives and forever discharges Releasees from any and every claim, demand, action or right of action, of whatsoever kind or nature, either in law or in equity arising from or by reason of any bodily injury or personal injuries known or unknown, death and/or property damage resulting or to result from any accident which may occur as a result of participation in the personal training services offered by Releasees, or any activities in connection with such training services, whether by negligence or not.
Releasor further states that he or she has carefully read this waiver and release and fully understands that it is a release of liability, express assumption of risk and indemnity agreement. Releasor further understands that by executing this agreement, he or she is giving up the right to bring legal action or assert a claim against Releasees for negligence, or for any equipment malfunctions that occur while receiving personal training services from Releasees.
Releasor further releases all Releasees from any claim whatsoever on account of first aid, treatment or service rendered to him or her during his or her time exercising and training with Releasees.
In signing the foregoing release, the undersigned acknowledges and represents:
(a). That he or she has read the foregoing agreement, understands it, and signs it voluntarily, knowingly and intelligently;
(b). That he or she is 18 years of age or older and of sound mind, or that he or she is the parent and natural guardian of a person under age 18 and is signing this release on behalf of himself or herself, and on behalf of his or her child; and
(c). That he or she is not an agent, servant, or employee of Releasees.