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Liability waiver
Release and Indemnification Agreement

In consideration of Top Notch Performance Fit’s (hereafter “TNPF”) grant of permission to me to use its gym facilities located at 308 South Driver Street, Durham, North Carolina, 27703 (hereafter “Gym”), including all exercise equipment, electronic devices and training services located or provided therein, pursuant to the terms of the Membership Agreement I have entered with TNPF, I hereby understand, agree and affirm the following:

1. Acknowledgment and Acceptance of Risks.

I understand and am aware that strength, agility, flexibility, and aerobic exercise, including the use of equipment and machines for such exercise, are all potentially hazardous activities. I also understand that these forms of exercise and all other fitness training and activities involve a risk of physical, mental or emotional injury, including but not limited to disability and even death. I desire to voluntarily participate in these forms of exercise and fitness training, including the use of all related exercise equipment and machinery located in TNPF’s Gym, with full knowledge of the dangers involved with such exercise and fitness training. I hereby agree to expressly assume and accept any and all risks of physical, mental or emotional injury, including but not limited disability or death, involved with any exercise or fitness training in which I participate at TNPF’s Gym.

I further understand and am aware that the exercise and fitness training provided at TNPF’s Gym will be in a group setting and may require participants to perform strenuous exercises in close proximity to each other. As a result, I understand and acknowledge that I may be exposed to the COVID-19 virus while participating in exercise and fitness training offered by TNPF at its Gym. I hereby agree to expressly assume and accept any and all risks associated with contracting the COVID-19 virus while participating in exercise and fitness training at TNPF’s Gym. I further understand and agree that I will wear a face mask while participating in fitness classes offered at TNPF’s Gym or while otherwise upon the premises of TNPF’s Gym.

Given my full understanding of all the dangers and risks of injury associated with exercise and fitness training in which I participate at TNPF’s Gym, I hereby further declare myself to be physically and mentally sound and suffering from no known conditions, impairments, injuries, diseases, infirmities, or other illness that would prevent my participation in the exercise and fitness training offered by TNPF at its Gym, or would prevent my use of exercise equipment or machinery located at TNPF’s Gym. I represent that I have either had a physical examination and been given my physician’s permission to participate in the exercise and fitness training offered by TNPF at its Gym, or that I have decided to participate in exercise and fitness training offered by TNPF, including the use of exercise equipment and machinery at TNPF’s Gym, without the approval of my physician and do hereby knowingly assume all responsibility for any and all injuries, damages caused by my participation in any exercise and fitness training offered by TNPF, including but not limited to the utilization of all equipment and machinery in the performance of all such exercise and fitness training.

I further understand that no employee or representative of TNPF makes any representation or warranty to me regarding the suitability of any exercise or fitness training program, individual routine, or exercise, whether provided to me in person or by electronic app, equipment or machinery to my general health condition or level of fitness.

 

I further agree and assume responsibility for voluntarily reducing or ceasing my participation in any exercise, fitness training or other activity should I feel that I am overexerting, overly fatigued, injured or experiencing any other unusual symptom, condition, or pain.

I hereby give permission for TNPF’s staff to seek emergency medical attention for me to receive in the event of accident, injury, or illness I may experience while exercising or otherwise present at TNPF’s facilities. I understand and affirm that I have sufficient health insurance coverage to pay for any medical attention provided to me, and that I will be responsible for any and all costs of such medical attention and treatment provided to me.

2. Release, Hold Harmless and Indemnification of TNPF.

Given my full understanding and assumption of all the dangers and risks of injury associated with exercise and fitness training in which I participate at TNPF’s Gym, I hereby release, forever discharge and covenant not to sue TNPF, its owners, officers, managers, employees, agents, representatives, attorneys and their respective successors and assigns, from any and all liability, claims, demands, actions, causes of actions, suits of any nature whatsoever arising out of or related to any loss, property damage, personal injury, disability or death, mental or emotional injury or disease that I may sustain or contract while participating in any exercise or fitness training at TNPF’s Gym, or that I may otherwise sustain while upon TNPF’s premises, including but not limited to the COVID-19 virus and any related conditions or complications.

I understand and agree that TNPF shall not be responsible for any personal property that I may bring to its Gym. I fully and voluntarily assume all responsibility for any theft, loss, or damage to any of my personal property that I may bring to TNPF’s Gym.

I have received a copy of TNPF’s rules and regulations for use of its Gym and all exercise equipment located therein, and agree to abide by them while using the Gym. I understand and agree that TNPF may suspend or revoke my rights under the Membership Agreement to use its Gym upon determining, in its sole discretion, that I have violated any of the rules and regulation for use of its Gym.

I further agree to indemnify TNPF and hold it harmless against any and all loss, damages, claims, suits, demand, judgments, court costs, attorney fees, all other expenses asserted against, paid or otherwise incurred by TNPF that in any way arise directly or indirectly from my use of TNPF’s Gym, my breach of the membership agreement or my breach of this Liability Waiver, Release and Indemnification Agreement.

3. Interpretation and Binding Nature of This Agreement.

I understand and agree that this Liability Wavier, Release and Indemnification Agreement will be governed by and construed and enforced under the laws of the State of North Carolina. I further understand and agree that any legal action regarding the scope, enforceability or interpretation of this Liability Waiver, Release and Indemnification Agreement shall only be filed in the state Superior Court for Durham County, North Carolina.

 

I understand and agree that this Liability Waiver, Release and Indemnification Agreement pertains only to me and shall not be used by any other person for the purposes of accessing or using TNPF’s Gym.

If any term or provision of this Liability Waiver, Release and Indemnification Agreement shall be deemed illegal, invalid, or unenforceable under any present or future laws, then I understand and agree that only that term or provision shall be deemed stricken from this agreement and all remaining terms and provisions shall remain legal, valid and enforceable to the fullest extent allowed under North Carolina law.

I understand and agree that this Liability Waiver, Release, and Indemnification Agreement constitutes the entire agreement between me and TNPF regarding the subject matter of this agreement, and supersedes all prior agreements, understandings, or discussions about the subject matter of this agreement.

This Liability Waiver, Release and Indemnification Agreement will continue in full force and effect after my membership agreement is terminated and I cease using TNPF’s Gym. I further understand and agree that this Liability Wavier, Release and Indemnification Agreement not only binds me, but also binds my assigns, heirs, next of kin, executors, administrators, and any other personal representative.

I have read and fully understand all the terms and provisions of this Liability Waiver, Release and Indemnification Agreement and further understand that I am giving up legal rights by signing it. I affirm that I am freely and voluntarily signing this Liability Waiver, Release and Indemnification Agreement without inducement or coercion from TNPF, and that I agree to abide by the agreement’s terms and provisions. I further affirm that I have had the opportunity to consult with legal counsel of my choice about the scope and effect of this Liability Wavier, Release and Agreement if I so desire.

STATEMENT OF ACCEPTANCE: I understand and accept all terms and provisions in this Liability Waiver, Release, and Indemnification Agreement.

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I agree to the Top Notch Performance Fit liability waiver

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