In consideration of my use of the exercise equipment, sports equipment and facilities provided and also of my participation in any activities provided by TopHand, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that the company and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me, or my guest in, on, or about the premises, during participation in a provided activity or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of TopHand or any employees of TopHand.

By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest, and I hereby fully and forever release and discharge TopHand, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities.

I expressly agree to protect and hold TopHand harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.

I agree to be solely responsible for safety and well-being of my guest and myself. I understand that TopHand does not, in all circumstances, provide supervision, instruction, or assistance for the use of the facilities and equipment.

I agree to comply with all rules imposed by TopHand regarding the use of the facilities and sports or exercise equipment. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.

I understand and acknowledge that the use of exercise or sports equipment and participation in activities provided by TopHand involves risk of serious injury, not limited to but including permanent disability and death.  I understand and agree that TopHand is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises of TopHand.

I HAVE READ THE FOREGOING WAIVER AND RELEASE OF LIABILITY AND VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT.