NOTICE: If you have ever had, or are currently diagnosed with high cholesterol, a heart condition, a bone or joint problem that has been or may be exacerbated by physical activity, ever feel weak, fatigued, or sluggish, or if you are over 65 years of age & not accustomed to vigorous exercise, and if there are any reasons, not mentioned thus far, that would not allow you to participate in a physical fitness program, Fit Body Boot Camp, Foothill Ranch urges you and all members to obtain a physical examination from a doctor before participating in any activity, in addition to any and all Fitness & Rope Climb sessions of any kind, using any exercise equipment or participating in any exercise class. All exercises of any kind, including Fit Body Boot Camp, Fitness & Rope Climb sessions, the use of weights and use of any and all machinery, equipment, and apparatus designed for exercising shall be at the member's sole risk. Member understands that the agreement to use, or selection of exercise programs, methods, types of equipment, and result of the members participation in the aforementioned Activity shall be member's entire responsibility, and Fit Body Boot Camp, Foothill Ranch shall not be liable to member for any claims, demands, injuries, damages, or actions arising due to injury to member's person or property arising out of or in connection with the use of any equipment, or participation in any of the activities mentioned above and throughout this waiver, by member of the services, facilities, and whether on or off the premises of Fit Body Boot Camp, Foothill Ranch. Member hereby holds Fit Body Boot Camp, Foothill Ranch, its officers, owners, agents and employees harmless from all claims which may be brought against them by member or on member's behalf for any such injuries or claims.
PARTICIPANT ACKNOWLEDGMENT AND ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF FIT BODY BOOT CAMP, FOOTHILL RANCH, IN ADDITION TO ANY AND ALL ROPE CLIMBING SESSIONS.
In consideration of the risk of injury while participating in Fit Body Boot Camp, Foothill Ranch, Fitness & Rope Climb sessions of any kind (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Fit Body Boot Camp, Foothill Ranch, located at 19531 Pauling, North Lobby, Ste. 200, Foothill Ranch, California 92610, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this 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 traveling to and from as well as 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.
PARTICIPANT ACKNOWLEDGES THESE PHYSICAL ACTIVITIES INVOLVE THE INHERENT RISK OF PHYSICAL INJURIES OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, PULLS OR TEARS, BROKEN BONES, SHIN SPLINTS, HEART PROSTRATION, KNEE/LOWER BACK/FOOT INJURIES AND ANY OTHER ILLNESS, SORENESS, OR INJURY HOWEVER CAUSED, OCCURRING DURING OR AFTER PARTICIPANT’S PARTICIPATION IN THE PHYSICAL ACTIVITIES. PARTICIPANT FURTHER ACKNOWLEDGES THAT SUCH RISKS INCLUDE, BUT ARE NOT LIMITED TO, INJURIES CAUSED BY THE NEGLIGENCE OF AN INSTRUCTOR OR OTHER PERSON, DEFECTIVE OR IMPROPERLY USED EQUIPMENT, OVER-EXERTION OF A PARTICIPANT, SLIP AND FALL BY PARTICIPANT, OR AN UNKNOWN HEALTH PROBLEM OF PARTICIPANT. PARTICIPANT AGREES TO ASSUME ALL RISK AND RESPONSIBILITY INVOLVED WITH PARTICIPATION IN THE PHYSICAL ACTIVITIES, PARTICIPANT AFFIRMS THAT PARTICIPANT IS IN GOOD PHYSICAL CONDITION AND DOES NOT SUFFER FROM ANY DISABILITY THAT WOULD PREVENT OR LIMIT PARTICIPATION IN THESE PHYSICAL ACTIVITIES. PARTICIPANT ACKNOWLEDGES PARTICIPATION WILL BE PHYSICALLY AND MENTALLY CHALLENGING, AND PARTICIPANT AGREES THAT IT IS THE RESPONSIBILITY OF PARTICIPANT TO SEEK COMPETENT MEDICAL OR OTHER PROFESSIONAL ADVICE REGARDING ANY CONCERNS OR QUESTIONS INVOLVED WITH THE ABILITY OF PARTICIPANT TO TAKE PART IN THE FIT BODY BOOT CAMP, FOOTHILL RANCH, AND PHYSICAL ACTIVITIES. BY SIGNING THIS AGREEMENT, PARTICIPANT ASSERTS THAT HE OR SHE IS CAPABLE OF PARTICIPATING IN THE PHYSICAL ACTIVITIES. PARTICIPANT AGREES TO ASSUME ALL RISK AND RESPONSIBILITY FOR EXCEEDING HIS OR HER PHYSICAL LIMITS.
I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel, or the condition of the Activity location(s).
I agree to indemnify and hold harmless Fit Body Boot Camp, Foothill Ranch 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, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Fit Body Boot Camp, Foothill Ranch incurs any of these types of expenses, I agree to reimburse Fit Body Boot Camp, Foothill Ranch.
I acknowledge that Fit Body Boot Camp, Foothill Ranch and their directors, officers, volunteers, representatives and agents 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 Fit Body Boot Camp, Foothill Ranch.
I 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. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I 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 Fit Body Boot Camp, Foothill Ranch 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 Fit Body Boot Camp, Foothill Ranch for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Fit Body Boot Camp, Foothill Ranch, its agents, and employees.
In the event that I should require medical care or treatment, I 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.
In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
VISUAL MEDIA CONSENT - PARTICIPANT CONSENTS TO AND RELEASES FIT BODY BOOT CAMP, FOOTHILL RANCH, FROM ANY LIABILITY RESULTING FROM FIT BODY BOOT CAMP, FOOTHILL RANCH’S USE OF PARTICIPANT’S NAME AND/OR LIKENESS IN FIT BODY BOOT CAMP, FOOTHILL RANCH’S ADVERTISING, PROMOTIONAL AND MARKETING MATERIALS, CLIENT LISTS, WEBSITES AND/OR PUBLIC RELATIONS DOCUMENTS.
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.