Assumption of Risks/Consent and Waiver of Liability
I, __________________________________________________, fully acknowledge and understand that participation in the physical activities and fitness training services offered by Iditarod Fitness may result in personal injury to me. Such personal injury may result from my own action or inaction and/or the action or inaction of others. It is understood that Iditarod’s fitness training and classes may be difficult and strenuous and that there could be dangers inherent in exercise for some individuals. I acknowledge that the possibility of certain unusual physical changes during exercise does exist. These changes include abnormal blood pressure, fainting, disorders in heartbeat, heart attack, and in rare instances, death. Therefore, I assume all responsibility for any of the physical changes that could occur through my participation in any Iditarod Fitness program.
By the use of the facilities of Iditarod Fitness and/or by the attendance at any of the facilities owned by Lobo Gymnastics, Inc., Stone’s Gym and Iditarod Fitness, I expressly agree that Lobo Gymnastics, Inc., Stone’s Gym and Iditarod Fitness shall not be liable for any damages arising from personal injuries sustained by myself in, on, or about the premises of the said facilities or as a result of using the facilities and the equipment therein. By the execution of this agreement, I assume full responsibility of any such injuries or damages which may occur to myself in, on, or about the premises of the said facilities and further agree that Lobo Gymnastics, Inc., Stone’s Gym and Iditarod Fitness shall not be liable for any loss, damage to or theft of personal property. I assume full responsibility for any injuries, damages, or losses which may occur to myself in, on, or about the premises of said facilities and do hereby hold harmless and fully and forever release and discharge Lobo Gymnastics, Inc., Stone’s Gym and Iditarod Fitness and all associated facilities, their owners, heirs, employees, contractors, assigns and agents from any and all claims, demands, damages, rights of action, or cause of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out of my participation and use or intended use of the said facilities and equipment thereof. THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES WHICH MAY OCCUR AS A RESULT OF EQUIPMENT THAT MAY MALFUNCTION OR BREAK, ANY SLIP, FALL AND/OR DROPPING OF EQUIPMENT AND ANY NEGLIGENT INSTRUCTION OR SUPERVISION.
I hereby grant permission to Iditarod Fitness and its employees, agents, representatives, licensees and assignees to photograph my image, likeness or depiction. In addition, I grant Iditarod Fitness permission to edit, crop or retouch such photographs; and waive any right to inspect the final photographs. I hereby consent to and permit photographs of me to be used by Iditarod Fitness for any purpose, including advertisement purposes, and in any medium, including print and other means of communiqué. I also fully and forever release and discharge and hold harmless Iditarod Fitness from any claim for damages of any kind including, but not limited to, invasion of privacy, defamation, false light or misappropriation of name, likeness or image arising out of the use or publication of photographs of me by Iditarod Fitness and covenant and agree not to sue or otherwise initiate legal proceedings against Iditarod Fitness for such use or publication on my own behalf.
I warrant, represent, and agree that I am in good physical condition and that I have no disability, impairment or ailment preventing me from engaging in active or passive exercise that will be detrimental or inimical to my health, safety, comfort, or physical condition if I engage or participate. I acknowledge that Lobo Gymnastics, Inc., Stone’s Gym and Iditarod Fitness has NOT and will NOT render any medical services including medical diagnosis of my physical condition, and that I have the consent of my physician to undertake a sport or physical exercise.
I represent that I will not use pool, sauna, or spa with any open cuts, abrasions, open sores, infections or the like, in accordance with local public health requirements. The management of Iditarod Fitness shall have the final determination in this regard. Their decision is final.
All grants of permission and consent, and all covenants, agreements and understandings contained herein are irrevocable.
I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THE ABOVE ASSUMPTION OF RISKS/CONSENT AND WAIVER OF LIABILITY AND FULLY UNDERSTAND ITS TERMS, INCLUDING UNDERSTANDING THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY POTENTIAL RIGHT TO SUE. I ACKNOWLEDGE THAT I AM AGREEING FREELY AND VOLUNTARILY, AND INTEND BY MY PARTICIPATION TO COMPLETELY AND UNCONDITIONALLY RELEASE THE IDENTIFIED PARTIES, INCLUDING ANY EMPLOYEE, AGENT OR CONTRACTOR OF LOBO GYMNASTICS, INC., STONE’S GYM AND IDITAROD FITNESS, FROM AND OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. BY SIGNING THIS DOCUMENT, I AM WAIVING ANY RIGHT I OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM.