The Fitness Ethic Client Terms
Please read the following terms (the “Terms”) carefully before participating in any session, class, health program or workshop (collectively, the “Services”) offered by ROMERO PENN GRUBB LLC d/b/a “The Fitness Ethic” (the “Company”, “our”, “us” or “we”). By signing below, you indicate your unconditional acceptance of the following Terms on your own behalf (“I,” "you" or "your"). These Terms may change at any time at the sole discretion of Company; in the event of any change to these Terms, Company will attempt to notify you of any updates within 30 days of their enactment using the contact information provided. If you do not agree to any portion of these Terms, you should not participate in or use the Services.
1. LIABILITY WAIVERS
In consideration of my being able to participate in and use the Services, I understand that I must read, agree to and sign the General Release and Waiver of Liability attached hereto as Exhibit A and the COVID-19 Release and Waiver of Liability attached hereto as Exhibit B. The provisions of Exhibit A and Exhibit B are incorporated herein by reference.
GENERAL RELEASE AND WAIVER OF LIABILITY
I will receive information and instruction while participating in the Services offered by the Company. I understand during my exercise program every effort will be made to assure all safety measures. However, as with any exercise program, there are risks including but not limited to increased heart stress and the chance of musculoskeletal injuries. I recognize that the Services will require physical exertion, which may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved.
I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Services or any other activity associated with Company. I represent and warrant that I am physically fit and have no medical conditions that would prevent my full participation in the Services.
I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I may incur as a result of participating in the Services. I understand that the risk of injury by participation in the Services may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Company’s employees, agents or representatives, and other individuals participating in the Services.
I knowingly, voluntarily and expressly waive any claim that I may have against Company or its employees, coaches, agents or representatives for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense (including attorney fees), of any kind, that I may experience or incur in connection with my participation in the Services (collectively, the “Claims”). On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Company, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Company, its employees, agents, and representatives.
Heirs, my legal representatives and I release, covenant not to sue, discharge, and hold harmless Company or its employees, coaches, agents or representatives for any Claim arising out of or related to my voluntary participation in the Services.
By signing this document, I agree that if I am injured during my participation in the Services, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that the Services might not be made available to me or that the cost of such Services would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to use the Services at the stated cost in return for the execution of this release is a reasonable bargain. I agree that this Release and Wavier of Liability shall be governed by and construed in accordance with Pennsylvania law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of this Release and Wavier of Liability as a whole.
I HAVE READ THE ABOVE RELEASE AND WAIVER OF LIABILITY AND FULLY UNDERSTAND THEIR CONTENTS. I VOLUNTARILY AGREE TO THE TERMS AND CONDITIONS STATED ABOVE.
