WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participating in CHAIR ONE FITNESS (hereinafter the "Activity"); and
IN CONSIDERATION OF my desire to participate in said Activity and being given the rightto participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal
representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall alsoinclude Releasor's parents or guardian if Releasor is under 18 years of age), knowingly andvoluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive anyand all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge KERRI DELAROSA, CHAIR ONE FITNESS
AND KOKO FITCLUB, located at 5055 S Kipling Pkwy, Unit C2, Littleton, Colorado 80127, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY
AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK.
I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS
ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR
PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT,
TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS),
ECONOMIC OR EMOTIONAL LOSS, AND DEATH.
I UNDERSTAND THAT THESE
INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS'
NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE
ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S).
NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND
UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees.
In the event that I should require medical care or treatment, I authorize Kerri DeLaRosa, Chair One Fitness and Koko FitClub to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the Kerri DeLaRosa, Chair One Fitness and Koko FitClub official or agent, regarding my approval to participate in the Activity
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER
AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF
LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Kerri
DeLaRosa, Chair One Fitness and Koko FitClub AND ALL OF ITS AFFILIATES,
MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS,
REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY
AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY
GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A
LEGAL ACTION AGAINST Kerri DeLaRosa, Chair One Fitness and Koko FitClub
FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Kerri DeLaRosa, Chair One Fitness and Koko FitClub, its agents, and employees.
I agree that this Release shall be governed for all purposes by Colorado law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE
DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND
ALL SUBSEQUENT EVENTS OF PARTICIPATION.