DECLARATIONS:
This Agreement is entered into between Alexander Hood and/or FIND THE 90 LLC (collectively, “FIND THE 90”) and the undersigned (“Client”). The provision of sports/personal training services by FIND THE 90 to Client, and Client’s use of any premises, facilities, or equipment are contingent upon this Agreement.
ASSUMPTION OF RISK:
You agree that if you engage in any physical exercise or activity, including sports/personal training, or use an area/facility designated by FIND THE 90 or the client for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility or using any equipment, whether provided to you by FIND THE 90 or otherwise, including injuries or damages arising out of the negligence of FIND THE 90, whether active or passive, or any of FIND THE 90’s affiliates, employees, agents, representatives, successors, and assigns.
Your assumption of risk includes but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment.
You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, soccer, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor.
You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any damage, loss, or theft of any personal property, whether arising out of the negligence of FIND THE 90 or otherwise.
RELEASE:
You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge FIND THE 90 and FIND THE 90’s affiliates, related entities, employees, agents, representatives, successors, assigns, and owners of any premises where activity may be conducted (“FIND THE 90’s affiliates, related entities, employees, agents, representatives, successors, assigns, and owners of any premises where activity may be conducted” will be collectively referred to as “Releasees”) from any and all claims or causes of action (known or unknown) arising out of the negligence of FIND THE 90 and/or Releasees, whether active or passive.
This waiver and release of liability include, without limitation, injuries that may occur as a result of (a) your use of any exercise equipment, fields, or facilities that may malfunction or break, (b) improper maintenance of any exercise equipment, premises, or facilities, (c) negligent instruction or supervision, including sports/personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from sports/personal training, including injuries resulting from FIND THE 90’s or anyone else’s negligent inspection or maintenance of the facility or premises.
Participants involved in any activities offered by FIND THE 90 may be photographed or videotaped. Client hereby consents to the use of these photographs and/or videos without compensation, on FIND THE 90’s website, social media accounts, or in any editorial promotional or advertising material produced and/or published by FIND THE 90.
INDEMNIFICATION:
By execution of this agreement, you hereby agree to indemnify and hold harmless FIND THE 90 from any loss, liability, damage, or cost FIND THE 90 may incur due to the provision of sports/personal training by FIND THE 90 to you.
ACKNOWLEDGMENTS:
You expressly agree that the foregoing release, waiver, assumption of risk, and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Pennsylvania and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You expressly agree that any dispute or claim arising out of or relating to this agreement shall be settled by binding arbitration in the State of Pennsylvania. You further agree that any claim or dispute must be brought within six (6) months from the date of the incident giving rise to the claim or dispute, or it will be forever barred.
You acknowledge that FIND THE 90 and the other Releasees are not licensed dieticians, psychologists, or physicians and that any information or guidelines provided by FIND THE 90 or the other Releasees carries no warranty of any kind, expressed or implied, including, but not limited to, warranties regarding safety or suitability for any purpose. Client understands (s) that a physician’s approval is highly recommended prior to participating in any activity and that they will not participate unless they are in good health and capable.
You acknowledge that FIND THE 90 offers a service to clients encompassing the entire sport, recreational, and/or fitness spectrum. FIND THE 90 is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by FIND THE 90.
You acknowledge and agree that FIND THE 90 does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk, and indemnity agreement.
You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against FIND THE 90 and Releasees for any party’s negligence, or for any defective product used while receiving sports/personal training from FIND THE 90. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.