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LIABILITY WAIVER

anatomie Liability Waiver and Release Form

I hereby acknowledge and agree to the following terms and conditions in consideration of being permitted to participate in fitness activities, classes, and/or use the facilities provided by anatomie located at anatomie 52 and 30 N Greenbush Rd, Troy, NY 12180 (hereinafter referred to as “the Studio”).

  1. Assumption of Risk: I understand and acknowledge that the activities offered by the Studio, including but not limited to fitness classes, weightlifting, cardio workouts, and the use of exercise equipment, involve inherent risks, including the risk of injury, illness, or even death. I voluntarily assume all risks associated with my participation in these activities.

  2. Health and Fitness Representation: I represent that I am in good health and physical condition and have no medical reason or impairment that might prevent me from safely participating in the Studio’s activities. I acknowledge that it is my responsibility to consult with a physician prior to beginning any exercise program.

  3. Release and Waiver of Liability: In consideration of being permitted to participate in the activities offered by the Studio, I hereby release, discharge, and hold harmless anatomie its owners, employees, agents, and representatives, from any and all claims, liabilities, damages, costs, or expenses (including attorney fees) arising out of or in connection with my participation in the Studio’s activities, whether caused by the negligence of the Studio or otherwise.

  4. Indemnification: I agree to indemnify and hold harmless anatomie, its owners, employees, agents, and representatives, from any and all claims, liabilities, damages, costs, or expenses (including attorney fees) arising out of or in connection with my breach of this Agreement or my negligent or intentional acts or omissions.

  5. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

  6. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

By signing, I acknowledge that I have read and understand this Liability Waiver and Release Form, and I voluntarily agree to its terms and conditions.

 

ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT DECLARATIONS:

In consideration of my participation in personal training, all classes and the use of the exercise equipment and facility provided by the company, anatomie LLC, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, representatives, successors and assigns, that the company and its principals, members, insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death), whether known or unknown, sustained by me, or my guest in, on, or about the premises, or as a result of the use of the equipment or facilities or as a result of personal training or any events or activities conducted on the premises, regardless of whether such injuries result, in whole or in part, from the negligence of the company.

ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use our equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injuries and/or damages you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by the company or otherwise, including injuries or damages arising out of the negligence of the company, whether active or passive, or any of the company’s affiliates, principals, members, employees, agents, representatives, successors and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, biking or yoga. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of the company or otherwise.

By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest, and I hereby fully and forever release and discharge the company, its insurers, employees, officers, directors, principals, members and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities. I expressly agree to indemnify and hold the company harmless from and against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.

In consideration of my use of the exercise equipment and facilities provided by the company, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, representatives, successors and assigns, that the company and its insurers, employees, officers, directors, principals, members and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me, or my guest in, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the company.

By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest, and I hereby fully and forever release and discharge the company, its insurers, employees, officers, directors, principals, members and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities.

I agree to be solely responsible for safety and well being of my guest and myself.

I agree to comply with all rules imposed by the company regarding the use of the premises, the facilities and equipment. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.

I understand and acknowledge that the use of exercise equipment involves risk of serious injury, including permanent disability and/or death.

I understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.

I understand and agree that my use of the facilities and equipment is only to be undertaken on my own personal time, and that my use of the premises, facilities and equipment is not within the course or scope of my employment.

I understand that I am responsible for determining whether I am physically or medically able to participate in an activity on the premises before I participate in any activity. I declare that I am physically and medically able to participate in any program and the use of any equipment on the premises.

RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge the company (and the company’s members, principals, affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of the company, whether active or passive, or any of the company’s members, principals, affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from the company’s or anyone else’s negligent inspection or maintenance of the facility or premises.

You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against the company, anatomie LLC, or the trainer for trainer’s negligence, or for any defective product used while receiving training from trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

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