Release, Hold Harmless and Indemnity Agreement
In consideration of my participation in health and fitness club training (“Training”) conducted by Tri County Ninja LLC, (“TCN”) as well as receiving permission from TCN to participate in Training, I agree and acknowledge as follows:
1. ACKNOWLEDGMENT OF RISK. I am aware that participation in Training has risks involved and I am voluntarily participating in this activity with knowledge of the dangers involved. I understand that my participation in obstacle courses, weight lifting, fitness classes, personal training, and all other activities at the facility operated by the TCN is at my own risk. The risks include but are not limited to: falling off of obstacles, loose or damaged training equipment or obstacles, falling to the ground, falling on others, or being fallen on by others; training out of control or beyond one’s personal limits. I agree to pay attention to the state of equipment and obstacles in the gym and to advise staff if I do any damage or notice any damage. Furthermore, TC trainers may be unaware of a participant’s fitness or abilities. I agree to participate in all activities at my own risk and to be aware of my own personal limitations. I also understand that no assurance guaranteeing my safety is being made by the TCN or its members, managers, employees, volunteers, trainers, agents, and/or representatives.
2. ASSUMPTION OF RISK. I hereby assume the risks incidental to participation in Training, which risks may include, but are not limited to, muscle injuries and injuries to internal organs, broken bones, lacerations, serious injury, serious neck and spinal injuries resulting in complete or partial paralysis, brain damage, and death. I acknowledge that my participation in Training is entirely voluntary. I also understand such risks simply cannot be eliminated without jeopardizing the essential qualities of Training.
3. RELEASE, HOLD HARMLESS AND INDEMNITY. On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and/or assigns, I hereby release, forever discharge, indemnify, and hold harmless TCN, all of its officers, directors, shareholders, employees, agents, representatives, successors and assigns of and from all liabilities, claims, actions, damages, costs or expenses of any nature whatsoever for bodily injury (including death) and property damage arising out of or in any way connected with my participation in Taining; even if such injury, loss, or damage is caused by the negligence of TCN, any of its related and affiliated companies, or any of its officers, directors, shareholders, employees, agents, representatives, successors, and assigns. This release, discharge, indemnity, and agreement to hold harmless TCN, any of its officers, directors, shareholders, employees, agents, representatives, successors and assigns cover bodily injury (including death) and property damage, whether suffered by me before, during or after my participation in Training.
4. INSURANCE AND HEALTH. I represent that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in Training, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in Training, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
5. SEVERABILITY. If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be executed to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and comes closest to expressing the intention of such invalid or unenforceable term.
6. GOVERNING LAW. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Michigan, without regard to its conflict of laws rules.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY IN ADDITION, I DO HEREBY WAIVE ANY RIGHT THAT I MAY HAVE, BY OR ON BEHALF OF MYSELF, MY SPOUSE OR AN CHILD (MINOR OR OTHERWISE), TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST TCN FOR NEGLIGENCE OR ARISING OUT OF OR RELATING TO PARTICIPATION BY MYSELF, MY SPOUSE OR CHILD IN ANY OF THE TRAINING, OR USE OF THE EQUIPMENT, FACILITIES, OR SERVICES TCN PROVIDES AS DESCRIBED IN THIS PARAGRAPH, OR ON ACCOUNT OF ANY ILLNESS, ACCIDENT DAMAGE TO OR LOSS OF MY PERSONAL PROPERTY.
If participating client is under the age of 18, a parent or guardian must sign this release.
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Document Name: Release, Hold Harmless and Indemnity Agreement
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