By this Waiver, I agree that if I engage in any physical exercise or activity or use any facility on the premises of ELEMENTUS a California corporation (“ELEMENTUS”) or off-site, or rely upon consultation from any ELEMENTUS representative, I do so at my own risk. Furthermore, I assume any risk, and take full responsibility and waive and release any claims of personal injury, death or damage to personal property associated with such activities, including but not limitation to, taking personal training classes, aerobics classes or other cardiovascular activities classes at the facility, practicing and/or engaging in weightlifting activities or other related activities, my use of the equipment, locker room, showers, sauna steam room, parking or sidewalks or any other facilities of ELEMENTUS in any manner, form or fashion, whether on and off the premises (hereinafter the “Uses and Activities”).
On behalf of myself, my heirs, assigns and next of kin, I, ________________________, HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge ELEMENTUS and its agents, employees, officers, directors, affiliates, successors and assigns, of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the Uses and Activities conducted by, on the premises of, or for the benefit of, ELEMENTUS, provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct.
I hereby acknowledge that I have been advised by ELEMENTUS to obtain a physical examination from a doctor before engaging in any exercise program. I agree to list any physical limitations on the reverse side of this form and made known to ELEMENTUS’ personal trainers prior to any exercise/training session or massage.
I understand that ELEMENTUS’ personnel are not licensed medical professionals. I further understand that none of the information conveyed in a session is meant to be taken as a diagnosis and that I should see a physician for any medical condition. I understand that ELEMENTUS does not accept insurance and that I am personally responsible for all charges related to the Uses and Activities.
I HAVE CAREFULLY READ, UNDERSTAND AND FULLY AGREE TO THE TERMS OF THIS WAIVER AND RELEASE. I UNDERSTAND AND CONFIRM THAT BY SIGNING THIS WAIVER AND RELEASE I HAVE UNCONDITIONALLY RELEASED ALL LIABILITIES RELATING TO THE USES AND ACTIVITIES ON BEHALF OF MYSELF, MY HEIRS, ASSIGNS AND NEXT OF KIN. I HAVE SIGNED THIS AGREEMENT FREELY, VOLUNTARILY, UNDER NO DURESS OR THREAT OF DURESS, WITHOUT INDUCEMENT, PROMISE OR GUARANTEE BEING COMMUNICATED TO ME. I AM 18 YEAR OF AGE OR OLDER AND MENTALLY COMPETENT TO ENTER INTO THIS WAIVER.
This WAIVER AND RELEASE contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE, and may not be waived, altered, amended or repealed, in whole or in part, without the prior written consent of all parties. This WAIVER AND RELEASE will continue in full force and effect even after the termination of the USES AND ACTIVITIES conducted by, on the premises of, or for the benefit of ELEMENTUS, whether by agreement, by operation of law, or otherwise.