THIS RELEASE AND INDEMNITY AGREEMENT (“Release”) is made by the undersigned adult (the “Participant”) to release and indemnify Soza Fitness & Wellness, LLC and all their respective officers, directors, agents, contractors, employees, heirs, successors, and assigns (Collectively, the Club”) as set forth below.
1. Activity. Participant on Participant’s own behalf and on behalf of the other members of Participant’s family including Participant’s spouse, parents, children, heirs, and assigns, (singularly and collectively referred to as “Participant:) hereby grants to the Club this full release and indemnification as consideration in exchange for permitting Participant in the Club’s class and use of its equipment and facilities.
Participant is entering this Release after (i) having viewed or having had the opportunity to view the Club premises and equipment; (ii) having had the opportunity to review the instructor’s qualifications; (iii) having had the services and /or the associated risks explained to Participant; and/or (iv) having had the opportunity to ask questions regarding the services and/or the risk associated with the Activity;(v) shares with the club any medical conditions that may affect ability to perform certain exercises and had medical clearance from physician to perform exercises if required.
2. Release and Indemnity. PARTICIPANT IS VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH FULL KNOWLEDGE, UNDERSTANDING AND APPRECIATION OF THE RISKS OF INJURY INHERENT IN ANY PHYSICAL EXERCISE AND EXPRESSLY ASSUMES ALL RISKS OF INJURY AND EVEN DEATH WHICH COULD OCCUR BY REASON OF PARTICIPANT’S PARTICIPATION.
PARTICIPANT RELEASES CLUB FROM ANY LIABILITY AND AGREES NOT TO SUE CLUB WITH RESPECT TO ANY CAUSE OF ACTION FOR BODILY INJURY, PROPERTY DAMAGE, OR DEATH OCCURING TO PATICIPANT AS A RESULT OF PARTICIPANTING IN THE ACTIVITY.
PARTICIPANT HEREBY ASSUMES FULL RESPONSIBITY FOR RISK OF BODILY INJURY, PROPERTY DAMAGE OR DEATH TO THE PARTICIPANT DUE TO ORDINARY NEGLIGENCE OR GROSS NEGLIGENCE OF THE CLUB AND THE ORDINARY NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY THIRD PARTY INCLUDING OTHERS PARTICIPATING IN THE ACTIVITY.
PARTICIPANT AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS, AT PARTICIPANT’S COST, THE CLUB FROM ANY AND ALL CLAIMS ARISING OUT OF THE PARTICIPANT’S PARTICIPATION IN THE ACTIVITY.
ALL PERSONAL PROPERTY BROUGHT TO THE ACTIVITY IS BROUGHT AT THE SOLE RISK OF PARTICIPANT AS TO ITS THEFT, DAMAGE, OR LOSS.
3. Medical. Participant consents to emergency medical care and transportation in order to obtain treatment in the event of injury to Participant as the Club may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in event of an emergency.
4. Severability. Participant expressly agrees that the terms and release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of Ohio. Any provision or portion of this release found to be invalid by the courts having justification shall be invalid only with respect to such provision or portion. The offend ring provision or portion shall be construed to the maximum extent possible to confer upon the parties the benefits intended thereby. Said provision or portion, as well as the remaining provisions or portion hereof, shall be construed and enforced to the same effect as if such offending provision or portion thereof had not been contained herein.
PARTICIPANT HAS READ AND VOLUNTARILY SIGNS THIS RELEASE AND INDEMITY AGREEMENT.