Liability Waiver, Release and Indemnification Agreement
In consideration of Top Notch Performance Fit (“TNP FIT”) grant of permission to me to use its gym facilities, 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 TNP FIT, I hereby understand, agree and affirm the following:
1. Acknowledgment and Acceptance of Risk.
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 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 TNP FIT gym facilities, 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 TNP FIT facilities.
Given my full understanding of all the dangers and risks of injury associated with exercise and fitness training in which I participate at TNP FIT facilities, 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 TNP FIT at its gym facilities, or would prevent my use of exercise equipment or machinery located at TNP FIT gym facilities. 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 TNP FIT at its facilities, or that I have decided to participate in exercise and fitness training offered by TNP FIT, including the use of exercise equipment and machinery at TNP FIT facilities, 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 TNP FIT, 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 TNP FIT makes any representation or warranty to me regarding my 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 or symptom, condition or pain.
I, the undersigned, hereby give permission for TNP FIT 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 TNP FIT 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 TNP FIT.
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 TNP FIT gym facilities, I hereby release, forever discharge and covenant not to sue TNP FIT, its owners, officers, managers, employees, agents, representatives 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, including disability and death, mental or emotional injury that I may sustain while participating in any exercise or fitness training at TNP FIT gym facilities, or that I may otherwise sustain while upon TNP FIT premises. I understand and agree that TNP FIT shall not be responsible for any personal property that I may bring to its gym facilities. I fully and voluntarily assume all responsibility for any theft, loss or damage to any of my personal property that I may bring to TNP FIT gym facilities.
I have received a copy of TNP FIT rules and regulations for use of its gym facilities and agree to abide by them while using the gym facilities. I understand and agree that TNP FIT may suspend or revoke my rights under the Membership Agreement to use its gym facilities upon determining, in its sole discretion, that I have violated any of the rules and regulation for use of its gym facilities.
I further agree to indemnify TNP FIT and hold it harmless against any and all loss, damages, claims, suits, demand, judgments, court costs, attorney fees, all other expenses asserted, paid or otherwise incurred by TNP FIT that in any way arise directly or indirectly from my use of TNP FIT gym facilities, 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 TNP FIT gym facilities.
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 TNP FIT 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 TNP FIT gym facilities. 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 of 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 TNP FIT, 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 Agreement.
NOTICE TO THE MINOR CHILD'S (UNDER 18) NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF TNP FIT LLC USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM TNP FIT LLC IN A LAWSUIT FOR PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, TNP FIT LLC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
Children under 18 years old prohibited.
Disclaimer: The "Never Late Again" slogan is the name of the business model and does not guarantee that customers will not have to adhere to the policies put in place for arriving after the class starts.