By initialing and signing this agreement and forever thereafter you, as a member and/or guest, agree that if you engage in any physical exercise or activity, using the club facility, or are present on the premises, you do so at your own risk, and assume the risk of any and all injury and/or damage you might sustain, regardless of such injury arises out of or during physical exercise. Your assumption of risk includes, but is not limited to, the use of any exercise equipment (mechanical or otherwise), the locker room, restrooms, sidewalk, parking lot, lobby area, or any other part or item in and around the club facility. You agree to assume the risk of your participation in any activity, class, program, instruction, or club-sponsored event. You agree that you are voluntarily participating in the aforementioned activities, and assume all risks. known and unknown, associated with using the club facilities, equipment, and premises, including, without limitation, any loss or theft of any personal property.
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You agree that this facility will not provide supervision when you use it. You are also aware that if you are injured, become unconscious, suffer a stroke or heart attack, that there will be likely be no one to respond to your emergency and this facility has no duty to provide assistance to you. Even though this facility is equipped with surveillance cameras and/or panic buttons, it is likely that you should require immediate assistance, none will be provided. We highly recommend that you have a workout partner accompany you while at the club, but it is entirely up to you.
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Because physical exercise can be strenuous and subject to risk of serious injury, the club urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that if you engage in any physical exercise or activity, or use any club amenity on the premises or off premises including any sponsored club event, you do so entirely at your own risk. You agree that you are voluntarily participating in the use of this facility and assume all risks of injury, illness, or death.
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You agree on behalf of yourself (and your spouse, all your children, personal representatives, beirs, executors, adıninistrators, agents, and assigns) to forever release and discharge Nharris Fitness LLC and our owners, employees, agents, representatives, affiliates,
from any and all claims or causes of actions (known or unknown) arising out of the negligence of the club, whether active or passive, or that of any of its 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 including the malfunctioning or a break, (b) NHarrisFitness LLC's improper maintenance of any exercise equipment or facilities, (C) NH-arrisFitness LLC's negligent instruction or supervision, including personal training, and (d) The slipping and falling while in the facility or any portion of the premises for any reason, including NHarris Fitness LLC's negligent inspection or maintenance of its facility,
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You further expressly agree that the foregoing Waiver & Release is intended to be as broad and inclusive as permitted by the law of the State of Iowa, and that if any portion of this agreement is held invalid, it is agreed that the balance, shall, not withstanding, continue in full force and effect. This Release is not intended as an attempted release of claims of gross negligence or intentional acts.
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YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND 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 NHARRISFITNESS LLC FOR IT'S NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS PREMISES. YOU HAVE READ AND VOLUNTARILY SIGN THIS WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. YOU AGREE, FOR YOURSELF AND YOUR SPOUSE, CHILDREN, SUCCESSORS, HEIRS AND ASSIGNS, THAT THE ABOVE REPRESENTATIONS : ARE CONTRACTUALLY BINDING, AND ARE NOT MERE RECITALS. THAT SHOULD YOU OR YOUR SUCCESSORS ASSERT ANY CLAIM IN
OF THIS AGREEMENT, THE ASSERTING PARTY SHALL BE LIABLE FOR THE EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) INCURRED BY THE OTHER PARTY OR PARTIES IN DEFENDING AGAINST SAID ACTION.
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