WAIVER AND RELEASE OF LIABILITY
NOTICE: THIS IS A LEGALLY BINDING CONTRACT. BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOR INJURIES OR LOSSES. PLEASE READ CAREFULLY BEFORE SIGNING.
In consideration of being permitted to participate in activities, including but not limited to fitness training, exercise classes, use of equipment, and other physical activities at Salome Fitness LLC, located at 64652 US 60, Salome, AZ 85348 (hereinafter “Facility”), I, the undersigned Participant, for myself, my heirs, executors, administrators, assigns, and personal representatives (collectively, “Releasor”), knowingly and voluntarily agree to the following terms:
1. Assumption of Risk: I acknowledge that participation in the Activities involves inherent risks, including but not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, property damage, or death. These risks may arise from my own actions or inactions, the actions or inactions of others, the condition of the Facility, or the negligence of the Releasees (defined below). I voluntarily assume all such risks, whether known or unknown, associated with my participation in the Activities.
2. Waiver and Release: I hereby waive, release, and forever discharge Salome Fitness LLC, its affiliates, owners, managers, members, employees, agents, volunteers, representatives, successors, and assigns (collectively, “Releasees”) from any and all claims, demands, or causes of action of any kind, whether for personal injury, property damage, or any other loss, arising out of or related to my participation in the Activities. This release includes, to the fullest extent permitted by law, claims arising from the ordinary negligence of the Releasees.
3. Indemnification: I agree to indemnify, defend, and hold harmless the Releasees from any and all claims, suits, or actions, including attorney’s fees and related costs, brought by me or on my behalf, or arising from my participation in the Activities, including claims resulting from my own actions or negligence.
4. Medical Authorization and Responsibility: In the event I require medical care or treatment, I authorize Salome Fitness LLC to provide or arrange for emergency medical care, including but not limited to first aid, CPR, use of automated external defibrillators (AEDs), and emergency medical transport. I agree to assume all costs associated with such treatment and acknowledge that I am responsible for maintaining my own health insurance coverage.
5. Physical Condition and Participation: I certify that I am physically and mentally capable of participating in the Activities and that I have consulted with a physician if necessary. I agree not to participate unless I am medically able and properly trained. I further agree to abide by any decision of Salome Fitness LLC or its representatives regarding my ability to safely participate in the Activities.
6. Equipment and Facility Damage: I acknowledge that I am responsible for any damage to equipment or the Facility caused by my willful actions, negligence, or recklessness, and I agree to reimburse Salome Fitness LLC for any costs associated with such damage.
7. Governing Law and Severability: This Agreement shall be governed by the laws of the state of Arizona, without regard to its conflict of law principles. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. If a court determines that a provision is invalid but could be enforceable if limited, such provision shall be construed and enforced as limited to the extent permitted by law.
8. Entire Agreement: This Agreement constitutes the entire understanding between the Participant and Salome Fitness LLC regarding the Activities and supersedes any prior oral or written agreements. No oral modifications to this Agreement shall be valid.
9. Duration: This Waiver and Release of Liability shall remain in effect for the duration of my participation in the Activities, including all initial and subsequent visits to the Facility.
10. Emergency Contact:
Name:
Phone:
Relationship:
Acknowledgment: I certify that I am at least 18 years of age and that I have carefully read and fully understand this Waiver and Release of Liability. I am aware that this is a legally binding contract and that I am signing it freely and voluntarily, without duress or coercion. I understand that by signing, I am waiving certain legal rights, including the right to sue Salome Fitness LLC or the Releasees for personal injury or property damage arising from ordinary negligence.
Participant’s Name:
Participant’s Address:
Signature: _____________________________
Date:
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PARENT/GUARDIAN WAIVER FOR MINORS
If the Participant is under 18 years of age, this section must be completed by a parent or legal guardian:
I certify that I am the parent or legal guardian of ___________________, the Participant named above, and I give my consent without reservation to the foregoing Waiver and Release of Liability on behalf of the minor. I understand that by signing, I am waiving certain legal rights on behalf of the minor, including the right to sue for personal injury or property damage arising from ordinary negligence.
Parent/Guardian Name:
Relationship to Minor:
Signature: _____________________________
Date:
Door Code: 0213