WAIVER AND RELEASE FROM LIABILITY AND INDEMNITY AGREEMENT
I, the undersigned, hereby request permission to use the facilities owned and operated by The Pit Barbell Club & Fitness Center LLC, and to participate in tournaments, exhibitions, and other similar activities to be held in conjunction therewith. I know the risks and dangers in using said facilities and in participating in such activities, and that unanticipated and unexpected dangers may arise during the use of said facilities and during the participation in said activities, and I ASSUME ALL RISKS OF INJURY TO MY PERSON that may be sustained in connection with the stated and associated activities.
In consideration for being permitted to use the facilities of The Pit Barbell Club & Fitness Center LLC. and to participate in tournaments, exhibitions and other similar activities to be held in conjunction therewith, I agree, in addition to paying my membership fee, to release The Pit Barbell Club, & Fitness Center LLC, its instructors, operators, and owners, servants, agents, officials, officers, and sponsors from all claims from liability, demands, actions, and causes of actions of any sort made by myself, my heirs, administrators and assigns arising out of injury to my person or property or out of my death, whether caused by the negligence of The Pit Barbell Club & Fitness Center LLC, its instructors, operators, owners, servants, agents, officers, officials or sponsors while I am using the facilities of The Pit Barbell Club & Fitness Center LLC, on or off the premise of The Pit Barbell Club & Fitness Center LLC.
I also agree to indemnify and hold harmless The Pit Barbell Club & Fitness Center LLC, its instructors, operators and owners, servants, agents, officers, officials and sponsors, for any loss, liability, damage or cost they may incur due to my presence on the premises of The Pit Barbell Club & Fitness Center LLC, or due to my participation on a team or in a contest sponsored by The Pit Barbell Club & Fitness Center LLC, whether caused by the negligence of The Pit Barbell Club & Fitness Center LLC, its instructors, operators, owners, servants, agents, officers, officials or sponsors or otherwise. I agree that The Pit Barbell Club & Fitness Center LLC does not employ or recognize personal trainers.
In consideration of participating in health or fitness club activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence, The Pit Barbell Club & Fitness CenterLLC, and its owners, directors, officers employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as "Releasees"), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
1. I acknowledge that health or fitness club activities involve known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, musculoskeletal injuries, broken bones, and/or overuse injuries, injuries caused by equipment that breaks or otherwise fails; death as a result of drowning or brain damage caused by near drowning; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
2. I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney's fees and costs of enforce of this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
4. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume - and bear the costs of - all risks that may be created, directly or indirectly, by any such condition.
5. In the event that I file a lawsuit, I agree to do so solely in the state where Releasees' facility is located, and I further agree that the substantive law of that state shall apply.
6. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By signing this document, I agree that if I am hurt or my property is damaged during my