Assumption of Risk & Waiver of Liability
The above named “participant” desires to participate in the exercise and fitness programs of Freakin FitnessLLC (“Freakin Fitness”) doing business at 200 SW 172 Ave. Pembroke Pines Fl., and 1728 N. CommerceParkway, Weston, FL. Freakin Fitness and operates under the trade names Freakin Fitness. At both locations referenced above Freakin Fitness conducts fitness related training and instructions involving weightlifting, powerlifting, Olympic lifting, gymnastics, plyometrics, calisthenics, running, swimming, rowing, biking, climbing, jumping, throwing, nutrition, other related activities; and also provides participants with an option to use its open gym facility with certain memberships or for private lessons. Participant may further desire to use the equipment and facilities located at 200 SW 172 Ave. Pembroke Pines Fl. and/or, 1728 N. Commerce Parkway,Weston, FL, and other private and public locations as designated by Freakin Fitness.
Acknowledgement of Health: I understand that the fitness and exercise programs of Freakin Fitness can be physically strenuous and intense, and I may experience the outer limits of my physical capabilities.
I declare and represent that I am physically and mentally sound and do not suffer from any condition, impairment, disease, infirmity, or other illness that would prevent my participation in any intense, rigorous or strenuous exercise or fitness program. I acknowledge that I am fully responsible for making decisions as to whether I am physically capable to engage in the exercise and fitness programs of Freakin Fitness. I acknowledge that if at any time I do not feel physically capable of performing any of the fitness or exercise programs, I shall remain solely responsible for scaling down any prescribed fitness exercise and/or workout session, or refrain from performing the exercise or fitness program until I feel sufficiently capable.
I acknowledge that I have been informed of the need for a physician’s approval to participate in any exercise/fitness activity or program. I recognize it is my responsibility to obtain a physical examination by a physician prior to involvement in any exercise program, including the rigorous and intensive training programs of Freakin Fitness. I acknowledge I have had a physical examination and been given permission by my physician to participate in the exercise and fitness programs of Freakin Fitness, or I have chosen not to obtain a physician’s permission prior to beginning the exercise and fitness programs of Freakin Fitness and acknowledge I am doing so at my own risk
ASSUMPTION OF RISK: I understand, acknowledge, and agree that the exercise and fitness programs at Freakin Fitness, are physically demanding and I may experience the outer limits of my physical abilities. I also understand and acknowledge that the exercise and fitness programs of FreakinFitness potentially involves hazardous activities with risk of property damage, personal injury and/or death, including but not limited to, rhabdomyolysis, kidney failure, musculoskeletal injuries, cardiovascular injuries, cardiovascular trauma, fractures, sprains, neurological and physical injuries, complete or partial paralysis, heart attack, stroke, heat exhaustion, heat stroke, drowning, fatigue and fall related injuries. I also understand and acknowledge there is a risk of injury or death due to my negligence, or due to the negligence or gross negligence of the below identified Releasees, or due to negligence on the part of myself or other people around me, or due to defective equipment, equipment failure or improper use.
I further understand and acknowledge there is a risk that persons providing first aid, physical therapy, massages, or medical care for any injury or illness I may sustain during my participation in the exercise and fitness programs of Freakin Fitness may cause injuries or death, or may aggravate injuries sustained or pre-existing medical conditions.
To further understand and acknowledge there’s a risk of injury or death that may arise out of the provision of nutritional consultation, services and/or related nutritional products that may be provided by Freakin Fitness, andI hereby understand, recognize and accept such risk.
I further recognize and understand there is a risk of personal injury or death that may arise out of, or may be related to using or being at the facility where Freakin Fitness conducts its exercise and fitness programs; including but not limited to all adjacent properties used for such activities and/or for vehicular parking. I understand and recognize that such risks include but are not limited to personal injuries and/or death due to falls, pedestrian accidents, motor vehicle accidents and parking lot accidents.
In addition, I recognize and understand there’s a risk of illness, injury and/or death as a result of getting infected by bacterial, viral or fungal contagions, including but not limited to Covid 19 and related variants, that may be transmitted to me by other individuals using the fitness equipment or from some other source at the FreakinFitness facilities.
I voluntarily and willingly accept and assume full responsibility for any and all risks of personal injury or death tome that may result from my participation or attendance in the exercise and fitness programs of Freakin Fitness, including but not limited to those referenced above.
WAIVER OF LIABILITY: In consideration for the opportunity to participate, attend or in any way be involved in the exercise and fitness programs of Freakin Fitness, and any and all related activities, I, the undersigned, hereby release, waive, and forever discharge Freakin Fitness LLC (d/b/a Freakin Fitness) and any of its principals, officers, directors, managers, agents, employees, staff, trainers, judges, volunteers, independent contractors, healthcare providers, massage therapist, emergency first responders, lifeguards, nutritionists, suppliers, food and nutritional supplement vendors, licensors, and licensees ( all of whom are referred to as “Releasees”),from any and all liability of any nature whatsoever, including but not limited to, any claim, demand, causes of action or right of action, which are related to, arise out of, or are in any way connected with the exercise and fitness programs of Freakin Fitness LLC, including any and all claims for property damage, personal injury or death caused by any negligent or grossly negligent act or omission, or any other wrongful conduct, of the Releasees.
Indemnification: I, the undersigned participant, agree and accept full financial responsibility for any injury or death I may cause to myself or to any other individual due to my negligence or other wrongful act of omission or commission.
The undersigned Participant further agrees to indemnify and hold harmless Releasees from any liability for injury or death I may suffer that may result from any negligence or gross negligence of the Releasees while participating in the exercise and fitness programs of Freakin Fitness.
Participant further agrees to indemnify and hold harmless Releasees from any liability for injury or death of any person that may result from my negligence while participating in the exercise and fitness programs of Freakin Fitness.
Severability and Enforcement: I further agree that all the terms of this document shall be binding upon me, the undersigned participant, my successors, legal representatives, heirs, executors, next of kin, administrators, or assigns. If any portion of this agreement is held invalid or unenforceable, I agree the remainder of this document shall remain enforceable.
I further agree that this document entitled “Assumption of Risk & Waiver of Liability” is enforceable and shall apply to any and all claims for property damage, personal injury or death arising out of my participation in any and all exercise and fitness programs of Freakin Fitness regardless of the duration of my membership or the type of membership I may have.
In the event I do not have a membership with Freakin Fitness, I agree this “Assumption of Risk & Waiver of Liability” document is enforceable and shall apply to any and all claims for property damage, personal injury or death, arising out of my participation in any Fitness program, session or class that is made available on a temporary basis, such as “on ramp” training, other orientation program and/or athletes dropping in to use the facility or participate in fitness programs or exercises on a temporary basis.
I further agree that this “Assumption of Risk & Waiver of Liability” document is enforceable and shall apply to any and all claims for property damage, personal injury or death arising out of my participation in any exercise and fitness program of Freakin Fitness regardless of the location of the incident giving rise to any such claims, including but not limited to; Freakin Fitness at 200 SW 172 Ave. Pembroke and/or at 1728 N. Commerce Parkway, Weston, FL, or other private and public locations as designated by Freakin Fitness.
Photo/Video Release: I, participant, hereby grant Freakin Fitness LLC d/b/a Freakin Fitness or any other trade name it may operate under, permission to use my photograph/video image in any and all publications for Freakin Fitness including web site entries, without payment or any other consideration in perpetuity. I hereby authorize Freakin Fitness to edit, alter, copy, exhibit, publish or distribute all photos and images. I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my photo or video appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph or video images.