Express assumption of risk, waiver of liability, agreement not to sue, and indemnity agreement
In consideration of being permitted to enroll and participate in a fitness camp program operated by Busy People Fitness (hereinafter “BPF”) or to use any property, equipment, facilities or services associated with such program, THE UNDERSIGNED for himself/herself, his/her personal representatives, assigns, heirs and next of kin affirms as follows:
1. I AFFIRM that I am 18 years of age or older, and am in good physical condition appropriate for participation in such a training program and do not suffer from any disability that would prevent or otherwise limit my participation in a physical fitness program that might include but is not limited to aerobic conditioning, strength training, flexibility training, boxing/kick-boxing, running, circuit training or related activities. I have either undergone a physical examination by a licensed medical professional who has approved my participation in this program, or hereby waive my right to consult with a medical professional prior to commencing participation in the program.
2. I RELEASE, WAIVE AND DISCHARGE BPF, its owners, officers, directors, employees, agents and legal representatives from any and all liability to the UNDERSIGNED, his/or personal representatives, assigns, heirs and next-of-kin on account of, arising out of or in connection with any and all injuries, losses or damages, and any claims or demands for any injuries, losses or damage to the person or property of THE UNDERSIGNED or resulting in the death of THE UNDERSIGNED, whether or not caused by the negligence or fault, passive negligence or fault, or sole negligence or fault of BPF, its officers, directors, employees, agents and legal representatives, while THE UNDERSIGNED is participating in any way in the fitness camp program operated by BPF or using any property, equipment, facilities or services associated with such program.
3. I AGREE NOT TO SUE BPF, its owners, officers, directors, employees, agents and legal representatives, on account of, arising out of or in connection with any and all injuries, losses or damages, and any claims or demands for any injuries, losses or damage to the person or property of THE UNDERSIGNED or resulting in the death of THE UNDERSIGNED, whether or not caused by the negligence or fault, passive negligence or fault, or sole negligence or fault of BPF, its officers, directors, employees, agents and legal representatives, while THE UNDERSIGNED is participating in any way in the fitness camp program operated by BPF or using any property, equipment, facilities or services associated with such program.
4. I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BPF, its owners, officers, directors, employees, agents and legal representatives, from any loss, liability, damage or cost the incur, or on any claim or lawsuit filed against them, on account of, arising out of or in connection with THE UNDERSIGNED’s participation in any way in the fitness camp program operated by BPF or use of any property, equipment, facilities or services associated with such program, whether or not caused by the negligence or fault, passive negligence or fault, or sole negligence or fault of BPF, its officers, directors, employees, agents and legal representatives, while THE UNDERSIGNED is participating in any way in the fitness camp program operated by BPF or using any property, equipment, facilities or services associated with such program.
5. I ASSUME ANY AND ALL RISKS OF INJURY, DEATH, LOSS OR DAMAGE to the person of THE UNDERSIGNED, whether or not caused by the negligence or fault, passive negligence or fault, or sole negligence or fault of BPF, its officers, directors, employees, agents and legal representatives, while THE UNDERSIGNED is participating in any way in the fitness camp program operated by BPF or using any property, equipment, facilities or services associated with such program.
6. THE UNDERSIGNED, for himself/herself, his/her personal representatives, assigns, heirs and next-of-kin, further expressly agrees that this agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall remain in full force and effect.
7. THE UNDERSIGNED, for himself/herself, his/her personal representatives, assigns, heirs and next-of-kin, has read and understands this agreement and verifies this statement by placing his/her initials under the paragraph and each of the above-numbered paragraphs. THE UNDERSIGNED, for himself/herself, his/her personal representatives, assigns, heirs and next-of-kin, voluntarily signs this agreement and further agrees that no oral representations, statements or inducements apart from those expressed in this agreement have been made.
I understand that photos or video may be taken during the course of my involvement in Boot Camp, which may be used for promotional purposes, such as the website.
I am aware that fitness camp training and physical exercise is a potentially hazardous activity. I am voluntarily participating in these activities with knowledge of the dangers involved and hereby agree to accept and assume any and all risks of personal injury or death as a result, and verify this statement and the above statements by checking below.
Checking the following box indicates you agree with the Waiver of Liability above.
