The individual named below (referred to as “I” or “me”) desires to participate in activities at the Raw Athletic Club (whether singular or plural, hereinafter referred to as the “Activities”) provided by Raw Athletic Club LLC, a Florida limited liability company with offices located at 760 NW Enterprise Dr., Port St. Lucie, FL 34986 (the “Company”). In consideration of being permitted by the Company to participate in the Activities and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this instrument ( “Release”).
I UNDERSTAND THAT ARE RISKS INHERENT IN MY PARTICIPATION IN THE ACTIVITIES, WHICH MAY INCLUDE THE USAGE OF OR ENGAGEMENT AROUND HEAVY MACHINERY, WHICH COULD RESULT IN INJURIES, DISABILITY, DEATH, OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCEOF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company and the Company’s affiliates, and their officers, directors, managers, employees, agents, members, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage, arising out of or attributable to the Activities, whether arising out of the negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for intentional torts or any other liabilities that Florida law does not permit to be released by agreement.
This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in St. Lucie County, Florida and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.