IN CONSIDERATION of being permitted to utilize the facilities, services and programs of FFC for any purpose, including, but not limited to observation or use of facilities or equipment, or participation in any off-site program affiliated with FFC, the undersigned, for himself or herself and any personal representatives, heirs, and next of kin, hereby acknowledges, agrees and represents that he or she has or immediately upon entering or participating inspect and carefully consider such premises and facilities or the affiliated program. It is further warranted that such entry into FFC for observation or, use of any facilities or equipment or participation in such affiliated program constitutes an acknowledgment that such premises and all facilities and equipment thereon and such affiliated program have been inspected and carefully considered and that the undersigned finds and accepts same as being safe and reasonably suited for the purpose of such observation, use or participation.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER FFC FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO OBSERVATION OR USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY OFF-SITE PROGRAM AFFILIATED WITH FFC, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:
THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES, AND CONVENANTS NOT TO SUE Force Fitness Club, LLC, its owners, directors, officers, managers, employees, independent contractors, instructors, personal trainers and agents (hereinafter referred to asâ€releaseesâ€) from all liability to the undersigned, his personal representatives, assigns, heirs, and next of kin for any loss or damages, and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the releasees or otherwise while the undersigned is in, upon, or about the premises or any facilities or equipment therein or anticipating in any program affiliated with Force Fitness Club, LLC.
THE UNDERSIGNED HEREBY AGREES TO INDEMNITY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability, damage, or cost they may incur due to the presence of the undersigned in , upon or about FFC premises or in any way observing or using any facilities or equipment of FFC or participating in any program affiliated with FFC whether caused by the negligence of the releasees or otherwise.
III. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE due to negligence of releasee or otherwise while in about or upon the premises or FFC and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with FFC.
IV. I declare that I have completed the FFCâ€™s pre-activity screening questionnaire and/or health/medical information questionnaire and that I am physically able to participate in physical activity. Furthermore, I acknowledge that FFC has advised me to obtain a physicianâ€™s clearance in the event the answers on either the pre-activity screening questionnaire and/or health/medical information questionnaire indicates that I should not participate in a program of physical activity without a physicianâ€™s clearance, or if FFC is unsure of my physical health yet I maintain that I am physically capable of pursuing physical activity in FFC without such steps being taken or has done so.
THE UNDERSIGNED further expressly agrees that the foregoing RELEASE, WAIVER, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the law of the State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force an effect.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE REEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
I HAVE READ THIS RELEASE.