Live Well Fitness is offering to the community an opportunity to utilize its agents, employees and contractors (“Trainers”); physical fitness equipment; and facility for the purpose of creating, maintaining, or participating in a personal, physical fitness regimen, which includes but is not limited to strength training, flexibility development, aerobic exercise, outdoor activities, health and well-being instruction, and pre and post-Activity nutritional supplements (collectively “Activities” or singularly “Activity”). Prior to participation in any services or Activities offered by Live Well Fitness, syou must read, acknowledge and sign this consent and release of liability agreement.
CONSENT, WAIVER AND RELEASE OF LIABILITY
In consideration of Live Well Fitness allowing me to participate in Activities and use their Trainers, physical fitness equipment or facility for the purpose of participating in Activities, I agree that I engage in said Activities or use of any facility on the Premises (“Premises” shall mean the property located at 1555 Simi Town Center Way #645 Simi Valley, CA 93065 , as well as any exterior locations used for any Activities, including but not limited to parking lots, streets, parks, trails, etc.) and the Premises, in general, at my own risk. This includes, without limitation, my presence on the Premises, my use of any equipment in the facility and my participation in any Activity, class, program or instruction. I, on behalf of myself, my heirs and/or assigns, agree to release and discharge Live Well Fitness , Trainers, and any of their related companies, officers, directors, instructors, employees, agents, independent contractors, volunteers, landlords, and co-participants from any and all liability whatsoever for injuries, damages, claims or causes of action (known or unknown) arising out of their negligence. This includes without limitation injuries or damages to myself and others which may result from (i) equipment that malfunctions or breaks; (ii) any and all defects, latent or patent, in the design or condition of any equipment; (iii) any and all slips, falls, or dropping of equipment; (iv) any and all improper maintenance of equipment or facilities; (v) any hazardous condition that may exist on the Premises; (vi) any hazardous conditions that may exist in outside areas that are used for Activities; (vii) negligent instruction or supervision by Live Well Fitness or their employees, agents, independent contractor, and volunteers; (ix) the improper handling or maintenance of any nutritional supplement; (x) tainted nutritional supplements; and/or (xi) any other improper or negligent act, omission or instruction, whether related to exercise, nutrition or otherwise. I fully understand that if any medical treatment is provided to me, with or without my consent, such treatment will be first aid type treatment, and I waive any and all claims or causes of action arising from or based upon the provision of such treatment, including claims or causes of action based upon the negligent provision of such treatment. I acknowledge that Live Well Fitness offers a service to their clients encompassing the entire recreational and/or fitness spectrum. This release is not intended as an attempted release of claims of gross negligence or intentional acts. By participating in or attending any Activity in connection with Live Well Fitness , whether on or off the Premises, I consent to the use of any photographs, pictures, film or videotape taken of me or provided by me for publicity, promotion, television, or any other use, and expressly waive any right of privacy, compensation, copyright or other ownership right connected to same. I acknowledge that I have carefully read this Waiver and Release and fully understand that it is a release of liability. I am waiving any right that I may have to bring a legal action to assert a claim against Live Well Fitness arising out of Live Well Fitness negligence. This waiver and release is intended to be interpreted as broadly and all encompassing as permissible under California law.
ASSUMPTION OF RISK
I agree that if I am present on Live Well Fitness Premises, and/or I engage in Activities or use any facility on the Premises, I do so at my own risk. I understand that presence at the Premises and/or participation in Activities offered by Live Well Fitness carries with it certain risks, known and unknown, including but not limited to the risk of personal injury, and fully assume that risk on my own behalf and on behalf of my heirs, assigns, and/or agents. This includes, without limitation, my mere presence on the Premises, my use of any equipment in the facility and my participation in any Activity, class, program or instruction. I agree that I am voluntarily present and/or participating in Activities and using these facilities and Premises and I assume all risks of injury including, without limitation, injuries or damages which may result from (i) equipment that malfunctions or breaks; (ii) any and all defects, latent or patent, in the design or condition of any equipment; (iii) any and all slips, falls, or dropping of equipment; (iv) any and all improper maintenance of equipment or facilities; (v) any hazardous condition that may exist on the Premises; (vi) any hazardous conditions that may exist in outside areas that are used for Activities; (vii) negligent instruction or supervision by Live Well Fitness or their employees, agents, independent contractor, and volunteers; (viii) the improper handling or maintenance of any nutritional supplement; (ix) tainted nutritional supplements and/or (x) any other improper or negligent act, omission or instruction, whether related to exercise, nutrition or otherwise. I, on behalf of myself, my heirs and/or assigns, hereby release Live Well Fitnesses , and any of their related companies, officers, directors, instructors, employees, agents, independent contractors, volunteers, landlord, and co-participants from any duty of reasonable care to protect me from injury or damage. This assumption of the risk is intended to be interpreted as broadly and all encompassing as permissible under California law.