LIMITATION OF LIABILITY; RELEASE
If the Participant enrolling in the Services of Tone House is under the age of 18 (the “Minor”), the person who signs this document must be the guardian of the Participant. If you are not the guardian of the Participant who is under 18, you cannot sign this document on their behalf and the Minor cannot participate in the Services.
By signing this document, I hereby acknowledge and agree that I and/or my Minor, if applicable, (hereafter, the “Participant”) has/have voluntarily chosen to participate in a program of intense physical exercise (the “Services”) at Tone House Fitness LLC and/or its affiliates doing business as Tone House (“Tone House”). I, for myself and for my Minor, if applicable, understand the nature of the Services; acknowledge and agree that the Participant is in good health and in proper physical condition to participate in the selected Services; that there are certain inherent risks associated with participating in the Services; and that the Participant is willing to assume such risks. I, for myself and for my Minor, if applicable, further acknowledge that Tone House strongly recommends that the Participant consult with a physician prior to taking the first class. I, for myself and for my Minor, acknowledge and agree that I am fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to, abnormal blood pressure, fainting, heart attack or death.
By signing this document, I, for myself and for my Minor, if applicable, assume in perpetuity all risk for the Participant’s health and wellbeing, and fully release and hereby fully and forever discharge, release, covenant not to sue and hold harmless from any responsibility, liability, or cost, including without limitation attorneys’ fees or damages, Tone House Fitness LLC and any and all of its affiliates doing business as Tone House, and the instructors, members and employees of these entities. I acknowledge that my agreement to this document applies to today and each time I visit Tone House hereafter and in perpetuity.
THE SERVICES OR EQUIPMENT PROVIDED BY TONE HOUSE ARE PROVIDED “AS IS” AND “WHERE IS” WITHOUT WARRANTY OF ANY KIND AND TONE HOUSE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERRUPTION OF USE; OR THAT THE RESULTS OBTAINED THROUGH the USE OF THE SERVICES OR TONE HOUSE EQUIPMENT WILL MEET YOUR OR THE MINOR, IF APPLICABLE, NEEDS.
I hereby acknowledge that I, and my Minor, if applicable, have voluntarily chosen to participate and to agree to the terms herein.
PERMISSION
For myself and my Minor, if applicable, I hereby grant permission to Tone House, and its affiliates and Tone House and their employees, agents and representatives to photograph or video my or, if applicable, my Minor’s image, likeness, or depiction (together, the “Photos”). I, for myself and my Minor, if applicable, hereby further grant permission to Tone House to edit, crop, or retouch such Photos, and I, for myself and my Minor, if applicable, waive any right to inspect or use or view such Photos. I, for myself and my Minor, if applicable, hereby consent to and permit the Photos to be used by Tone House for advertising and promotional purposes in any medium, including print and electronic publishing. I, for myself and my Minor, if applicable, understand and agree that Tone House may use such Photos with or without associating names thereto. I, for myself and my Minor, if applicable, agree to and do hereby waive any claim for compensation of any kind as a result of Tone House's use or publication of Photos. I, for myself and for my Minor, as applicable, hereby fully and forever discharge and release Tone House from any claim for damages of any kind arising out of the use or publication of any such Photos.
for myself and for my Minor, if applicable, acknowledge and agree that the look and feel of the facilities, workout routines, equipment names, trade dress, trademarks and phrases/slogans used at Tone House by its employees and agents or use on the Tone House website or materials (the “Tone House IP”) are the intellectual property of Tone House. I, for myself and for my Minor, if applicable, acknowledge and agree that I or my Minor, as applicable, may not use or replicate the Tone House IP in any matter without the express written consent of Tone House. I, for myself and for my Minor, as applicable, agree that ownership of the Tone House IP and the goodwill relating thereto shall at all times vest in Tone House and agree not to challenge, contest or question the validity of Tone House's ownership of the Tone House IP and related goodwill or any registration therein by Tone House.
