FUNction and FITness WAIVER AND RELEASE FORM
Because physical exercise can be strenuous and subject to risk of serious injury, FUNction and FITness urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest, and all participating family members) agree that if you engage in any physical exercise or activity, or use any club amenity on the premises or off the premises, including any FUNction and FITness sponsored 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 body building enhancement products are 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 use of these facilities and premises and assume all risks of injury, illness or death. We are also not responsible for any loss of your personal property.
This waiver and release of liability includes, without limitation, all injuries which may occur, regardless of negligence, as a result of; (a) your use of all amenities and equipment in the facility and your participation in the activity, class, program, personal training or instruction: (b) the sudden and unforeseen malfunctioning of any equipment; (c) our instruction, training, supervision or dietary recommendations: and (d) your slipping and/or falling while in the studio or on FUNction and FITness premises, including adjacent sidewalks and parking areas.
With your signature below, you grant FUNction and FITness and is licenses permission to publish your personal profile and/or testimonial and any accompanying photographs in any media now known or hereafter invented(including online interactive products) without further cost or any time or geographic limitation. You also authorize FUNction and FITness and its licensees to use your name, personal profile and or testimonial, photo and/or right to use your likeness in/for advertisements and publicity efforts for FUNction and FITnes, including promotions o the Internet. At the same time, you recognize that FUNction and FITness is under no obligation to use or distribute this material.
You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge FUNction and FITNess and all affiliates, employees, agents, representatives, successors or assigns from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may have otherwise to bring legal action against FUNction and FITness for negligence, personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of FUNction and FITness, its agents and employees.
If any portion of this release from liability is deemed by a court of competent jurisdiction to be invalid, then the remainder of the release shall remain in full force and effect and the offending provision(s) severed from here.
By signing this entry form/questionnaire/waiver and release, I acknowledge that all of the information is complete and correct and that nothing has been omitted. I understand it’s content and that this document cannot be modified orally.
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