TERMS AND CONDITIONS FOR PARTICIPATION
Brinn Strange, LLC, (“AUXO Fitness”) a Florida limited liability company, presents this class/event/activity under the following terms and conditions. By your participation, you agree and accept these terms.
1. Acknowledgement of Risk. I, the participant, am aware that I will be participating in an activity with inherent risks of serious injury and/or death, and am voluntarily participating in this activity with knowledge of the danger involved and hereby agree to accept any and all risks of injury, including death, or loss of any kind. I AM PERSONALLY ASSUMING ALL RISK, FORESEEABLE AND UNFORESEEABLE, OF DAMAGE TO MY PERSON AND PROPERTY ARISING FROM MY VOLUNTARY PARTICIPATION IN SUCH ACTIVITIES.
2. Release. In consideration of being permitted to participate in any and all activities conducted by AUXO Fitness, I hereby release, waive and discharge Brinn Strange, LLC, its members, officers, employees, agents and contractors, including venue, facility or facilities operators (the “Released Parties”), from all liability to me and my heirs and assigns, for any and all claims for loss or damage on account of injury to my person or property, including my death, resulting from my participation in such activities. I further covenant not to sue or bring any legal action whatsoever against the Released Parties with respect to any claims arising from my participation in such activities and shall pay the reasonable attorney fees and costs should any Released Party have to defend such claims. This waiver and release of liability includes, without limitation, all injuries which may occur, regardless of negligence, as a result of; (a) your use of all amenities and equipment in or about the facility, (b) your participation in any activity, class, program, personal training or instruction, (c) the malfunctioning of any equipment and/or (d) your slipping and/or falling while in or about the Facility, including restrooms, adjacent sidewalks and parking areas.
3. Representations. Physical exercise contains inherent risk for serious injury. AUXO Fitness urges you to obtain a physical examination from a licensed physician before using participating in any exercise activity. You (each member, guest, or participant) agree that if you engage in any physical exercise or activity, within the AUXO Fitness facility or off of the premises, including any sponsored AUXO Fitness event, you do so entirely at your own risk. You agree that you are voluntarily participating in the classes/programs/events and use of this facility and assume all risks of injury, illness or death. I hereby warrant and represent that I am in good physical health to participate in said activities. Further I suffer no medical conditions which may impair my mental judgment or physical ability to participate. In addition, AUXO Fitness shall not be held responsible for any loss or damage to your personal property within the parking lot.
4. Governing Law. The law of the State of Florida shall govern this agreement. Any dispute arising hereunder shall be held within the courts of Alachua County, Florida. Should any part of this agreement be found by a court of law to be against public policy or in violation of any state statute or case precedence, then only that wording shall be removed and the remainder of this agreement shall remain in full force.
5. Indemnification. I agree to indemnify, defend and hold harmless the Released Parties against any claims from any party arising from my participation in such activities. You acknowledge that you have carefully read this "waiver and release" and fully understand that it is a release of liability. You expressly agree to release and discharge the Facility, and all affiliates, employees, agents, representatives, successors, or assigns of AUXO Fitness, from any and all claims or causes of action. You agree to voluntarily waive any right that you may otherwise have to bring a legal action against AUXO Fitness, for negligence, either by omission or commission, personal injury or property damage or other tortable acts.
6. Photo Release. AUXO Fitness or any authorized designee may use my photograph taken while participating in such activities for reasonable promotional purposes.