BREAK FREE FITNESS LLC AND CUSTOMER
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
DECLARATIONS: This Agreement is entered into between BREAK FREE FITNESS LLC. (Company) and the undersigned (“Client”). The provision of personal training services by BREAK FREE Fitness LLC to Client, and Client’s use of any premises, facilities, or equipment are contingent upon this Agreement ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility or using any equipment, whether provided to you by BREAK FREE Fitness LLC or otherwise, including injuries or damages arising out of the negligence of BREAK FREE Fitness LLC, whether active or passive, or any of Break Free Fitness LLC’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of break Free Fitness LLC or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Break Free Fitness LLC and Break Free Fitness LLC’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Break Free Fitness LLC, whether active or passive, or any of Break Free Fitness LLC’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Break Free Fitness LLC’s or anyone else’s negligent inspection or maintenance of the facility or premises.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Break Free Fitness LLC from any loss, liability, damage, or cost Break Free Fitness LLC may incur due to the provision of personal training by Break Free Fitness LLC to you.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Break Free Fitness LLC offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Break Free LLC is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Break Free Fitness LLC. You acknowledge and agree that Break Free Fitness LLC does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts.
MEDIA RELEASE FORM
I grant permission to Break Free Fitness LLC to use my image (photographs and/or video) for use in Break Free publications including videos, email blasts, recruiting brochures, newsletters, and magazines and to use my image in electronic versions of the same publications or on the Break Free Fitness website or other electronic forms of media. I hereby waive any right to inspect or approve the finished photographs or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the image. Please check the paragraph below which is applicable to your present situation:
I am 20 years of age or older and I am competent to contract in my own name. I have read this release before signing below, and I fully understand the contents, meaning and impact of this release. I understand that I am free to address any specific questions regarding this release by submitting those questions in writing prior to signing, and I agree that my failure to do so will be interpreted as a free and knowledgeable acceptance of the terms of this release.
I am the parent or legal guardian of the below-named child. I have read this release before signing below, and I fully understand the contents, meaning and impact of this release. I understand that I am free to address any specific questions regarding this release by submitting those questions in writing prior to signing, and I agree that my failure to do so will be interpreted as a free and knowledgeable acceptance of the terms of this release.
You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk, and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Break Free Fitness LLC for Break Free Fitness LLC’s negligence, or for any defective product used while receiving personal training from Break Free Fitness LLC. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.