WAIVER OF LIABILITY AND ACKNOWLEDGMENT OF ASSUMPTION OF RISK
In consideration for the use of the premises known as 1330 North Main Street Suite A, Orrville, Ohio 44667 and owned, maintained, and controlled by Crossfit Orrville and Zephyrs Fitness aka Zephyrs Barbell Gym, LLC and Jarrett Companies, Inc. and the services provided by the same, I, the undersigned, fully and forever release and waive and agree not to bring or cause to be brought any and all claims, or causes of action of every possible kind and nature whatsoever, known or unknown, or otherwise against Crossfit Orrville and Zephyrs Fitness or any of its shareholders, members, or employees, and/or its successors (collectively, the "Releasees"), now or in the future, by reason of, arising out of, or relating to the services provided by the Releasees.
I further agree to indemnify, defend and hold the Releasees harmless from damages, including, without limitation, special and consequential damages, losses or expenses suffered or paid, directly or indirectly, as a result of any and all claims, causes of action, suits, judgments, assessments and liabilities, including reasonable attorney's fees incurred in litigation or otherwise, assessed, incurred or sustained by or against the Releasees by reason of, arising out of or relating to the services provided by the Releasees. I, the undersigned, understand and acknowledge that exercising and strength training could result in an inherent risk to my health, and therefore the undersigned has consulted with a physician prior to beginning an exercise or strength training regimen.
Thus, the undersigned hereby assumes the risk to my health, and covenants and agrees to and with the Releasees, its successors and assigns, that neither I, nor anyone claiming through me, will hereafter bring, commence, prosecute or maintain, or cause or permit to be brought, prosecuted or maintained, any suit or action, either at law or equity, in any court in the United States or in the State of Ohio, or elsewhere, against the Releasees, for, on account of, or in any way connected with, certain injuries and the injurious results arising thereto, or hereafter to arise therefrom, my use of Crossfit Orrville and Zephyrs Fitness’ premises and property, or the services of Crossfit Orrville and Zephyrs Fitness and the undersigned completely understands and agrees that his or her participation and use, is at his or her own risk and that the Releasees will not be held responsible or liable for any injurious accidents that may occur as a consequence of the nature of the activity involved. I acknowledge that it is my intention with this instrument to make a complete, general and unconditional waiver and release of any and all claims whatsoever against the Releasees as set forth above. Furthermore, I acknowledge that the Releasees have not made any representations or warranties whatsoever regarding the materials and/or services provided. I acknowledge for myself that I have read and understand this waiver, and I have signed my name to the foregoing Waiver voluntarily on the date below. IN WITNESS WHEREOF, I have executed this instrument on the date set forth below.