RELEASE AND WAIVER OF LIABILITY AGREEMENT (Regency Centers)
I, ___________________________, acknowledge that I have voluntarily accepted permission to enter certain areas of Southbury Green (the “Property”) located at 775 Main Street South for the purposes of participating in the Tone It Up Tuesdays.
In exchange for being allowed to enter the Property and for other good and valuable consideration, the receipt and sufficiency of which I acknowledge, I hereby freely and voluntarily execute this Release and agree to the following terms:
1. Assumption of Risk. I am aware and understand that participating in the “Tone It Up Tuesday” series may be inherently dangerous and may expose me to a variety of foreseen and unforeseen hazards and risks. I acknowledge that I am voluntarily entering the Property and am voluntarily participating in the “Tone It Up Tuesday Series” and have considered those risks. I hereby expressly and specifically assume such risks, including any and all risk of injury, harm, or loss that I may incur as a result of my participation in the “Tone It Up Tuesday Series”.
2. Release and Waiver.
a. I hereby fully and forever release and discharge Regency Centers, L.P., and its past, present and future parent(s), subsidiaries, predecessors, successors, affiliates, officers, directors, agents, members, and employees (collectively “Regency”) from, and expressly waive, any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, arising out of or in any way relating to my entering the Property. I promise not to make or bring any such claim or demand against Regency and fully and forever release and discharge Regency from liability under such claims or demands.
b. I UNDERSTAND THAT THIS RELEASE DISCHARGES REGENCY FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST REGENCY WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR PROPERTY LOSS THAT MAY RESULT FROM MY VISIT TO THE PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OF REGENCY OR OTHERWISE.
3. Insurance. I UNDERSTAND THAT REGENCY DOES NOT ASSUME ANY RESPONSIBILITY FOR OR OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE OR OTHER ASSISTANCE, INCLUDING BUT NOT LIMITED TO MEDICAL, HEALTH, OR DISABILITY INSURANCE OF ANY NATURE IN THE EVENT OF MY INJURY, ILLNESS, OR DEATH, OR DAMAGE TO OR LOSS OF MY PROPERTY.
4. Indemnification. I hereby agree to indemnify, defend, and hold harmless Regency from any and all liability, losses, damages, judgments, or expenses, including attorneys' fees and legal expenses that it may incur or sustain arising out of or relating to my visit to the Property, or arising out of any third-party claim relating to my visit to the Property.
5. Miscellaneous. I hereby agree that this Release represents the full understanding between Regency and me and supersedes all other prior agreements, understandings, representations, and warranties, both written and oral, between us, with respect to the subject matter hereof. If any term or provision of this Release shall be held to be invalid by any court of competent jurisdiction, that term or provision shall be deemed modified so as to be valid and enforceable to the full extent permitted. The invalidity of any such term or provision shall not otherwise affect the validity or enforceability of the remaining terms and provisions. This Release is binding on and inures to the benefit of Regency and me and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. Section headings are for convenience of reference only and shall not define, modify, expand, or limit any of the terms of this Release.
6. Governing Law and Applicable Jurisdiction. I hereby agree that this Release is intended to be as broad and inclusive as permitted, and that this Release shall be governed by and interpreted in accordance with the laws of the State of Florida, without reference to any choice of law doctrine. Any disputes arising out of or in any way relating to the visit, Regency, or this Agreement shall be brought before state or federal courts located in Jacksonville, Florida.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE REGENCY.
Signature of Visitor: ________________________________________________
Name of Visitor (please print): _____________________________________________
Date: ________________________________________________
Brighter Life Fitness Waiver
Assumption of Risk and Waiver of Liability
I,(Client)_________________________________________, through the purchase of training and coaching sessions/classes, have agreed to voluntarily participate in an exercise program, including, but not limited to, cardiorespiratory, muscular, and flexibility training under the guidance of Brighter Life Fitness LLC. I hereby stipulate and agree that I am physically and mentally sound and currently have no physical conditions that would be aggravated by my involvement in an exercise program.
I understand and am aware that physical-fitness activities, including the use of equipment, are potentially hazardous activities. I am aware that participating in these types of activities, even when performed properly, can be dangerous. I
agree to follow the verbal instructions issued by the personal trainer. I am aware that potential risks associated with these types of activities include, but are not limited to: death, fainting, disorders in heartbeat, serious neck and spinal
injuries that may result in complete or partial paralysis or brain damage, serious injury to virtually all bones, joints, ligaments, muscles, tendons, and other aspects of the musculoskeletal system, and serious injury or impairment to
other aspects of my body, general health and well-being.
I understand that I am responsible for my own medical insurance and will maintain that insurance throughout my entire period of participation with Brighter Life Fitness LLC. I will assume any additional expenses incurred that go beyond my health coverage. I will notify Brighter Life Fitness LLC of any significant injury or change in health status that requires medical attention (such as emergency care, hospitalization, etc). Brighter Life Fitness LLC or I will provide the equipment to be used in connection with workouts. I represent and warrant any and all equipment I provide for training sessions is for personal use only. Brighter Life Fitness LLC has not
inspected my equipment and has no knowledge of its condition. I understand that I take sole responsibility for my equipment. I acknowledge that although Brighter Life Fitness LLC takes precautions to maintain their equipment, any
equipment may malfunction and/or cause potential injuries. I take sole responsibility to inspect any and all of my or Brighter Life Fitness's equipment prior to use.
I understand that Touch training may be used during my session. This technique would be used to correct form, alignment and/or to focus concentration on a particular muscle area to be targeted during exercise. If at any time
during my personal training session, I feel uncomfortable or experience any type of discomfort, I will immediately request discontinuing exercise or training technique.
Although, Brighter Life Fitness LLC will take precautions to ensure my safety, I expressly assume and accept sole responsibility for my safety and for any and all injuries that may occur. In consideration of the acceptance of this entry,
I, for myself and for my executors, administrators, and assigns, waive and release any and all claims against Brighter Life Fitness LLC and any of their staff, officers, officials, volunteers, sponsors, agents, representatives, successors or assigns and agree to hold them harmless form any claims or losses, including but not limited to
claims for negligence for any injuries or expenses that I may incur while exercising, training or coaching or while traveling to and from training sessions. These exculpatory clauses are intended to apply to any and all activities occurring the time for which I have contracted with or following an exercise program provided by Brighter Life Fitness LLC.
I represent and warrant I am signing this agreement freely and willfully and not under fraud or duress. HAVING READ THE ABOVE TERMS AND INTENDING TO BE LEGALLY BOUND HEREBY AND UNDERSTANDING THIS DOCUMENT TO BE A COMPLETE WAIVER AND DISCLAIMER IN FAVOR OF BRIGHTER LIFE FITNESS
LLC, I HEREBY AFFIX MY SIGNATURE HERETO.