Release of Liability, Waiver of Claims, and Assumption of Risks Agreement
Because fitness activities can be strenuous and subject to risk of serious injury, the Saddle Row Team and HC Amber Athletics, Inc. urges you to consult and obtain a physical examination from a doctor before using any fitness equipment or participating in any fitness activity, such as but not limited to, indoor cycling and rowing classes. You agree that if you engage in any fitness exercise or activity, or use any fitness amenity on or off the premises, including any sponsored fitness event, you do so entirely at your own risk. Any recommendation for changes in diet, including the use of food supplements, weight reduction, and/or bodybuilding enhancement products is entirely your responsibility, and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and in the use of these facilities and premises, and assume all risks of injury, illness, or even death. You further agree that you shall be solely responsible for the safety and well-being of your guest(s). We are also not responsible for any damage to or loss of your personal property and/or your guest(s).
This waiver and release of liability include, without limitation, all injuries which occur as a result of (1) the use of all amenities and equipment in the facility and the participation in any activity, class, program, personal training, or instruction; (2) the sudden and unforeseen malfunctioning of any equipment; (3) our instruction, training, supervision, or dietary recommendations; (4) slipping and/or falling while in the building, or on the premises, including adjacent sidewalks and parking areas; (5) contact with other participants; and, (6) the effects of the weather, including high heat and/or humidity, and all other such risks being known and appreciated by you and/or your guest(s).
NOW, THEREFORE, for and in consideration of the foregoing premises, you undertake to acknowledge and accept this RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AGREEMENT:
“I hereby acknowledge my responsibility in communicating any physical and psychological concerns and health conditions that might conflict with my participation in any activity and use of fitness equipment. I acknowledge that I am physically fit and mentally capable of using any fitness equipment and of performing the physical activities I choose to participate in. After having read this waiver and knowing these facts, and in consideration of acceptance of my participation and Saddle Row (HC Amber Athletics, Inc.) furnishing services to me, I agree, for myself, for my guest(s), and anyone entitled to act on our behalf, to HOLD HARMLESS, WAIVE AND RELEASE THE SADDLE ROW TEAM AND HC AMBER ATHLETICS, INC., its owners, officers, agents, employees, organizers, representatives, and successors from any and all claims or causes of action, and I agree to voluntarily give up or waive any right that I, or my guest(s) or anyone acting on our behalf, may otherwise have to bring legal action against the facility for personal injury or death, or property damage or loss. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of the facility, its agents, and employees.
If any portion of this release from liability shall be deemed by a court of competent jurisdiction to be invalid, the remainder of this release from liability shall remain in full force and effect, and the offending provision(s) be severed therefrom.
I acknowledge that I understand the content of this RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AGREEMENT, and that this release cannot be modified orally.