I (the `Client`) voluntarily desire to participate in physical exercise training classes conducted on behalf of Location HITT FACTORY, located at 1279 Quarry Ln Pleasanton Ca 94566, understand and agree to the following:
IMPORTANT: RELEASE AND WAIVER OF LIABILITY AND INDEMNITY:
You hereby acknowledge and agree that use by Member or by Member`s minor children of HITT FACTORY facilities, services, equipment or premises, involves risks of injury to persons and property, including those described below, and Member assumes full responsibility for such risks. HITT FACTORY strongly recommended that Client receive a medical clearance from his/her private physician prior to starting or participating in an exercise training program. The HITT FACTORY training programs are not designed for individuals with known heart disease with or without functional impairment. In consideration of Member and Member`s minor children being permitted to enter any facility of HITT FACTORY for any purpose including, but not limited to, observation, use of facilities, services or equipment, or participation in any way, Member agrees to the following: Member hereby releases and holds HITT FACTORY, its directors, officers, employees, and agents harmless from all liability to Member, Member`s children and Member`s personal representatives, assigns, heirs, and next of kin for any loss or damage, and forever gives up any claim or demands therefore, on account of injury to Member`s person or property, including injury leading to the death of Member, whether caused by the active or passive negligence of HITT FACTORY or otherwise, to the fullest extent permitted by law, while Member or Member`s minor children are in, upon, or about HITT FACTORY premises or using any HITT FACTORY facilities, services or equipment. Member also hereby agrees to indemnify, defend, and hold HITT FACTORY harmless from any loss, liability, damage or cost HITT FACTORY may incur due to the presence of Member or Member`s children in, upon or about the HITT FACTORY premises or in any way observing or using any facilities or equipment of HITT FACTORY whether caused by the negligence of Member(s) or otherwise. You represent (a) that Member and Member`s minor children are in good physical condition and have no disability, illness, or other condition that could prevent Member(s) from exercising without injury or impairment of health, and (b) that Member has consulted a physician concerning an exercise program that will not risk injury to Member or impairment of Member`s health. Such risk of injury includes (but is not limited to): injuries arising from use by Member or others of exercise equipment and machines; injuries arising from participation by Member or others in supervised or unsupervised activities or programs at HITT FACTORY injuries and medical disorders arising from exercising at HITT FACTORY such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; and accidental injuries occurring anywhere in HITT FACTORY dressing rooms, showers and other facilities. Member 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 California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. Member has read this release and waiver of liability and indemnity clause, and agrees that no oral representations, statements or inducement apart from this Agreement have been made.