In exchange for participation in the activity of Kangoo Fitness Classes, organized by Brittney Mossell of Rebound Babes, LLC and/or use of the property, facilities and services of Brittney Mossell, of Rebound Babes, LLC, and Keith Mitchuson owner of the property located at 9120 West 1200 North, Demotte, Indiana 46310, or any place that the Kangoo Fitness Class travels to work-out, I agree for myself, and for the members of my family if applicable, to the following:
1. Agreement to Follow Directions: I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Brittney Mossell, or the employees, representatives or agents of Rebound Babes, LLC.
2. Assumption of the Risks and Release. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and my family members if applicable, and further release and discharge Brittney Mossell, Keith Mitchuson and Rebound Babes, LLC for injury, loss or damage arising out of my or my family's use or presence upon the facilities, driveway, and land located at 9120 West 1200 North, Demotte, Indiana, whether caused by the fault of myself, my family, or other third parties.
I recognize there are certain risks in wearing a Kangoo boot, and will not hold Brittney Mossell, Rebound Babes, LLC or Keith Mitchuson liable for any injury caused while wearing the boots that have been rented to me or if I have brought my own pair of boots. The boots are the property of Rebound Babes, LLC and Brittney Mossell, and must be returned at the end of each daily session.
3. Indemnification. I agree to indemnity and defend Brittney Mossell, Keith Mitchuson and Rebound Babes, LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Rebound Babes, LLC.
4. Fees. I agree to pay for all damages to the facilities of Rebound Babes, LLC, Keith Mitchuson and/or Brittney Mossell, located at 9120 West 1200 North, Demotte, Indiana, caused by any negligent, recklessness, or willful actions by me or my family.
5. Applicable Law. Any legal or equitable claims that may arise from participation in the above shall be resolved under Indiana law.
6. No Duress. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Rebound Babes, LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
7. Arm's Length Agreement. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provision, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. Enforceability. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek analternativeformofresolutioninaccordancewithanyotherrightsandremediesaffordedtothembylaw. Ifthematterisnotresolvedby negotiation, or mediation, the parties will resolve the dispute using the Alternative Dispute Resolution (ADR) procedure.