☆ GFit Teens
TM Please print out and complete all highlighted areas in this document. Bring your completed waiver to your first class. Make sure it’s signed by your parent or guardian. WAIVER, RELEASE, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT FOR GFIT WOMEN, LLC D/B/A GFIT TEENS GFit Women, LLC, 646 Welsh Road, Huntingdon Valley, PA 19006 This is an important legal document. Please read this document thoroughly BEFORE signing! In consideration for my participation in GFit Women, LLC's Fitness Program and Activities1 (hereinafter "GFit"), I/we (teen and parent/guardian) agree to all of the terms and conditions of this Agreement as described and detailed throughout. I understand that in consideration for my voluntary participation in/at GFit, that I am relinquishing SUBSTANTIAL LEGAL RIGHTS, including but not limited to the right to file a lawsuit or court action or obtain any other remedy or relief for any damage or injury to myself or my property, however caused, which arises out of or is in any way related to my participation in/at GFit. This is a legally binding document voluntarily by me, on behalf of myself, my heirs, representatives, executors, administrators and assigns. 1
GFit's Fitness Program and Activities include but are not limited to: observation of activities, introduction classes/sessions, group fitness classes, wellness challenges, team or individual competitions, fitness assessments, power lifting, gymnastics, strength conditioning, metabolic conditioning, plyometrics, interval training, bodyweight conditioning, stretching, outdoor activities (on trails, tracks, parks, sidewalks or fields), and any and all programs, clinics, seminars, and services or personal training provided to the member by GFit Women, LLC. GFit's Fitness Program and Activities include any activities held on or off the premises including those held at locations not owned or operated by GFit Woman, LLC and at public locations such as parks, playgrounds, and similar locales. ¶ ONE. RISK FACTORS I UNDERSTAND and ACKNOWLEDGE that my participation in/at GFit's and my use of GFit's programs, facilities, services, equipment, premises, etc. involves SIGNIFICANT RISKS including: (a) the risk of property damage and (b) the risk of injury to myself and/or others. I understand and acknowledge that such RISKS involve physical, mental, and emotional injuries. I understand and acknowledge that the RISKS include but are not limited to: death, paralysis, serious bodily injury, permanent disabilities, broken bones, muscle strains, muscle pulls, muscle tears, sprains, bruises, lacerations, dislocations, exercise induced rhabdomyolysis2,heart attacks/heart failure, concussions, frostbite, hypothermia, heat illness, dehydration, trauma, anxiety, fears, and emotional distress, etc. 2
Rhabdomyolysis is a painful and potentially dangerous muscle condition that can result from extreme exertion. I recognize and acknowledge that there may be other risks or dangers, inherent or not, known or unknown, that may exist or arise whether or not those risks are expressed in this document. I understand that the above list is not inclusive of all possible risks associated with my participation in/at GFit and that the above list in no way limits the extent or reach of this Agreement. I understand that these and other risks not mentioned may result from my participation in/at GFit. I understand that the risks may result from the use of the equipment or facilities, from the activity itself, or from the acts or inactions of myself or others, in addition to the acts or actions of GFit Women, LLC, its owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors/assigns, and anyone acting on GFit Women, LLC's direction or behalf. We have read and understand the "RISK FACTORS" paragraphs above. Teen initials____ Parent/guardian initials____ ¶ TWO. ASSUMPTION OF RISK By signing this document, I understand that I am ASSUMING FULL RESPONSIBILITY for any and all of the RISKS that I am exposing myself to as a result of my participation and accept full responsibility for any injury or death, that in any way may arise out of or result from my participation in/at GFit. By signing this document, I ASSUME FULL RESPONSIBILITY for all of the RISKS described herein in addition to all other risks or dangers, inherent or not, known or unknown, that exist or arise, directly or indirectly, from my participation in/at GFit. I understand that I am ASSUMING RESPONSIBILITY for INJURIES that occur anywhere inside of or outside of GFit's facilities and for those injuries which may result from dangerous, faulty, defective equipment or products, and/or the improper maintenance of any equipment or facility. I understand that by signing this document that I am AGREEING TO ASSUME FULL RESPONSIBILITY for any and all CLAIMS or INJURIES that are based on the negligent actions or inaction of myself, the negligent actions or inactions of other parties, and the negligent acts or inactions of GFit Women, LLC, its owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors/assigns, and anyone acting on GFit Women, LLC's direction or behalf, to the fullest extent permitted by law. We have read and understand the "ASSUMPTION OF RISK" paragraphs above. Teen initials____ Parent/guardian initials____ ¶ THREE. WAIVER AND RELEASE OF LIABILITY I HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE, AND HOLD HARMLESS GFit Women, LLC, its owners, directors, officers, employees, trainers, instructors, agents, volunteers, independent contractors, representatives, successors/assigns, and anyone acting on GFit Women, LLC's direction or behalf, FROM ALL LIABILITY for any loss, damage, and/or injury that is in any way related to my participation in/at GFit. I hereby FOREVER GIVE UP ANY CLAIMS or demands on account of damage or injury to my property or person, including injury leading to my death, that is in any way related to my participation in/at GFit. I hereby agree to waive any and all claims that I may have now or in the future against GFit Women, LLC and its owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors/assigns, and anyone acting on GFit Women, LLC's direction or behalf. I understand that this waiver and release includes any and all claims based on the negligent actions or inactions of myself, the negligent actions of inactions of GFit Women, LLC, in addition to the negligent actions or inactions of others. We have read and understand the "WAIVER AND RELEASE OF LIABILITY" paragraphs above. Teen initials____ Parent/guardian initials____ ¶ FOUR. INDEMNIFICATION CLAUSE I hereby agree to INDEMNIFY, DEFEND, and HOLD HARMLESS GFit Women, LLC from and against any and all injuries, damages, losses, expenses, claims, demands, suits, fines, or judgments (including costs and expenses incidental thereto) from any and all claims resulting from injuries, damages, or losses sustained by myself, or arising out of, connected with, or in any way associated with my participation in/at GFit. I hereby agree to indemnify against claims from members, emergency or rescue workers, and all others which arise from my conduct during my participation in/at GFit. I hereby agree to INDEMNIFY, DEFEND, and HOLD HARMLESS GFit Women, LLC from and AGAINST ANY AND ALL LIABILITY whether caused by a negligent or intentional act or omission of myself, GFit Women, LLC or by the negligent or intentional act or omission of another member. We have read and understand the "INDEMNIFICATION CLAUSE" paragraphs above. Teen initials____ Parent/guardian initials____ ¶ FIVE. NEGLIGENCE OF GFIT WOMEN, LLC AND OTHERS The risk of negligence and the results thereof that I am assuming, waiving, and agreeing to indemnify for include the ORDINARY and GROSS NEGLIGENCE of GFit Women, LLC, myself, and others. Ordinary negligence is the failure to exercise the care that a reasonably prudent person would exercise in like circumstances; Gross negligence is more extreme and includes the reckless disregard for the rights of another and for the consequences to the safety or property of another. We have read and understand the "NEGLIGENCE OF GFIT WOMEN, LLC AND OTHERS" paragraph above. Teen initials____ Parent/guardian initials____ ¶ SIX. HEALTH STATUS AND PREREQUISITE SKILLS I represent that I have the requisite skills, fitness level, physical and mental ability necessary to property and safely participate safely in GFit's Fitness Program and Activities. I represent that I am physically capable of participating in GFit's Fitness Program and Activities and I have consulted a physician before beginning this program. I represent that I am not currently pregnant nor do I have any disability, illness, or other condition(s) that could prevent me from exercising without injury or impairment to my health. If my health status changes, I will immediately notify GFit Women, LLC. ¶ SEVEN. ATTORNEY'S FEES Should GFit Women, LLC be required to incur attorney's fees and and/or other costs and expenses to enforce this Waiver, Release, Assumption of Risk and Indemnification Agreement, I agree to reimburse GFit Women, LLC for all such fees, costs and expenses. ¶ EIGHT. JURISDICTION AND VENUE This is a Pennsylvania contract. By signing this Agreement, I consent to the jurisdiction and venue of Montgomery County, Pennsylvania for any action(s) related to this Agreement, regardless of my residence or domicile. ¶ NINE. SEVERABILITY AND ENFORCEABILITY I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the Law of the State of Pennsylvania. Every provision of this Agreement is severable. If any term, clause, or provision hereof is held to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. ¶ TEN. INTEGRATION CLAUSE I affirm that this Agreement supersedes any and all previous oral or written promises, negotiations, agreements, and understandings regarding the subject matter of this Agreement. ¶ ELEVEN. DURATION I agree that this Agreement shall not expire and shall continue into perpetuity regardless of any changes in the status of my GFit membership. WE HAVE READ THIS WAIVER, RELEASE, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT AND WE FULLY UNDERSTAND ITS TERMS. WE UNDERSTAND THAT WE’RE GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT. WE ACKNOWLEDGE THAT WE’RE SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. Print Name of Teen_______________________________________ Teen Signature__________________________ Date_________ Print Name of Parent/Guardian______________________________ Relationship to Teen__________ Emergency Phone____________ Parent/Guardian Signature__________________ Date_________