Orangetheory Activity Risk Agreement Logo
  • Activity Risk Agreement

  • 1. Preamble. This is a release of liability & waiver of legal rights. BY MY SIGNATURE, I CERTIFY THAT I HAVE READ THE ENTIRE AGREEMENT AND I UNDERSTAND AND CONSENT TO ALL ITS PROVISIONS.

    2. Definitions. "Activity" or "Activities" include, but are not limited to, taking part in fitness classes, physical training, exercise, rowing, treadmills, weight training, aerobic activities, heart rate monitoring, the use of any equipment or facilities in connection those activities, including the entire premises, entrances, restrooms, exterior and adjacent areas, and parking lot, whether or not during a scheduled workout, for any purpose, including exercise, fitness, wellness, recreation, and fun. Activities include those directed by staff or others, classes, and undirected activities. The person participating in the Activity shall be referred to as "Participant." By signing below without a parent or legal guardian's signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. Participant also includes all past,present or future trustees, heirs, devisees, legatees, beneficiaries, guardians, representatives, successors, conservators, receivers, transferees and assigns.The "Released Parties" are Orange Theory Fitness ("OTF") and We Spread Health ("WSH"), including but not limited to: WSH Parent Fitness,LLC;WSH CO Region, LLC; OTF Denver, LLC; OTF Colorado Boulevard, LLC; Washington Park WSH, LLC; OTF Aurora, LLC; WSH Highlands Ranch, LLC; WSH Lowry, LLC; WSH Stapleton, LLC; WSH DTC, LLC; WSH Denver Uptown, LLC; WSH West Highlands Ranch, LLC; WSH Thornton, LLC; WSH West Washington Park, LLC; WSH Cherry Creek, LLC; WSH Longmont, LLC; WSH Five Points, LLC; WSH Lone Tree, LLC; WSH Broadmoor, LLC; WSH Boulder 29th, LLC; WSH Ft Collins Drake, LLC; WSH Ft Collins Harmony, LLC; WSH South Boulder, LLC; Fit in Golden, LLC; FIT In Anywhere, LLC; BMFIT LLC; OTF Broomfield INC, LLC; DR Castle Rock, LLC; Meadow Inc., LLC; GG2G, LLC; Circling Again, LLC; Circle One Nine, LLC; LLC; DR Holdings, LLC; N2 Fitness, LLC; LVFIIT, LLC; Fit In Parker, LLC; MW Team, LLC; DR Fitness, LLC; Northgate Fitness, LLC; Fit in Pine Bluffs, LLC; Fit in West Arvada, LLC; DR SloHi, LLC,Fit in Evergreen, LLC and all their successors in interest, affiliated organizations and companies, insurers, agents, employees, contractors, representatives, assignees, directors, officers, attorneys, members, shareholders, and owners, including Ultimate Fitness Group.

  • 3.  Risks of Activity.  The Participant agrees and understands that taking part in these Activities can be HAZARDOUS AND INVOLVES RISK OF PHYSICAL INJURY, MENTAL INJURY, PROPERTY LOSS, FINANCIAL LOSS, AND DEATH. The Participant acknowledges that the Activities may be inherently dangerous and fully realizes the dangers of participating in these activities. The risks and dangers include, but are not limited to fault and negligence of Released Parties, fault and negligence of Participants and third parties, equipment failure, defective equipment, improper use of equipment, slips or falls, deficient or improper instruction, lightheadedness, fainting, abnormalities of blood pressure or heart rate, heart attack, stroke, other cardiovascular issues, muscle strains or other muscle injury, soft tissue injury, broken bones, joint damage, brain injury, infections, exposure to viruses or bacteria, any other illness, dehydration, allergic reactions, other medical conditions and reactions, emotional distress, pain and suffering, and dangerous conditions and activities at the Activity Site, and at Released Parties’ entire premises. THE PARTICIPANT ACKNOWLEDGES AND UNDERSTANDS THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THESE ACTIVITIES MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS.

  • 4. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate:

    (a)      Release. Participant hereby irrevocably and unconditionally releases and agrees not to sue or bring any legal action against the Released Parties with respect to any and all claims and causes of action of any nature, whether currently known or unknown, which the Participant, or any of them, have or which could be asserted on behalf of the Participant in connection with the Participant’s involvement in the Activity, including, but not limited to claims of negligence, strict liability, product liability, premises liability, torts, breach of warranty, misrepresentation, non-disclosure, state and federal statutory claims, unfair trade or business practices, and breach of contract.

    (b)      Indemnification. Participant hereby agrees to indemnify and defend the Released Parties from and against any and all liability, costs, expenses and damages of any kind or nature whatsoever, and from any suits, claims, administrative actions, and demands, including legal fees and costs, whether or not in litigation, arising out of, or related to, Participant’s involvement in the Activity. This provision shall give the Released Parties rights to pursue claims. Such obligation on the part of the Participant shall survive the period of the Participant’s involvement in the Activity.

    (c)      Assumption of Risk. Participant agrees and understands there are risks with these Activities, including, but not limited to, the fault and negligence of the Released Parties, the fault and negligence of other guests and third parties, and all risks outlined above. Participant recognizes property loss, injury and death are possible while participating in the Activity. Recognizing the risks, the Participant understands the nature of the Activity and voluntarily chooses to participate in and expressly assumes all risks and dangers of involvement in the Activity, whether or not described above, known or unknown, inherent, or otherwise.

  • 5. Medical Care. Participant authorizes the Released Parties to call for medical care for Participant if, in the opinion of Released Parties, medical attention is needed. Participant agrees to pay all costs of such medical care and transportation, and to defend and indemnify Released Parties for such costs. Participant represents that he/she has sufficient insurance to cover any loss, injury, or damage sustained by him/her or third party.

    6. Photo Release. Participant authorizes Released Parties to use Participant testimonials, photograph images, and video images of the Participant for advertising materials, including television, printed marketing material, Internet sites, exhibits, and promotions.

  • 7. Consent to Receive Communication. Participant agrees that Released Parties may contact member at the email address(es) and telephone number(s) provided in this form, including Participant’s wireless/cellular telephone number(s). Participant agrees that, by providing such information, Released Parties may make calls and send voice, text, or email messages for any purpose, including but not limited to billing, accounting, marketing, and advertising of current and future goods and services.

    8. Miscellaneous.  Participant further agrees and understands: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations, ordinances and Released Parties’ rules; (b) this Agreement shall be governed by the laws of the State of Colorado; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications and representations, whether oral or written, between the parties relating to the subject matter hereof; (d) the Participant represents that he/she is medically, physically and mentally fit to engage in the Activity; (e) it is the intent of the Participant that this agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Participant; and (f) the participant understands and acknowledges that this agreement is a contract and shall be binding to the fullest extent permitted by law. If any provision, part, or term of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative to the narrowest extent permissible; and the remainder of this Agreement shall remain operative and binding on the Participant.

  • I HAVE CAREFULLY READ AND UNDERSTOOD THIS ENTIRE DOCUMENT. I AM ENTERING INTO THIS AGREEMENT BECAUSE I WANT TO PARTICIPATE IN THE ACTIVITY.

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