WAIVER OF CLAIMS AND LIABILITY
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It is expressly agreed that all use of UPTOWN FITNESS facilities and any transportation provided by UPTOWN FITNESS shall be undertaken by a member or guest at his/her sole risk. UPTOWN FITNESS shall not be liable for any injuries or any damage to any member or guest, or the property of any member or guest, or be subject to any claim or demand for any such injury or damage including, without any limitation, those damages resulting from acts of active or passive negligence on the part of UPTOWN FITNESS, its officers, employees, independent contractors, partners or agents. The facilities and activity programs offered by UPTOWN FITNESS have been designated and established to provide the optimum level of beneficial exercise and enjoyment. Because of the nature of the programs available at UPTOWN FITNESS and the equipment which is an integral part of many of these activities, there is an inherent risk of injury which characterizes any exercises, utilizing the equipment, or taking advantage of the various other facilities at UPTOWN FITNESS. UPTOWN FITNESS would enlist Applicant’s assistance in assuring that the facilities and the equipment are utilized in a proper manner so that those inherent risks which exist under the control of UPTOWN FITNESS as well as those outside the control of UPTOWN FITNESS and partially within the control of each individual participant are minimized by the participant’s thoughtful and cautions use of both the equipment and the facilities in general.
For and in consideration of the mutual promises and agreements contained herein, the Applicant hereby acknowledges the existence of certain risks inherent in the activities which take place at UPTOWN FITNESS and, if granted a membership to UPTOWN FITNESS, hereby agrees to assume the full risk and responsibility for any injury he/she may sustain in the course of his/her use of UPTOWN FITNESS facilities and/or equipment. Specifically, the undersigned hereby accepts full responsibility for, and hereby waives any claim he/she may have against UPTOWN FITNESS for any injury to his/her person or property arising from or related to any activity conducted at or sponsored by UPTOWN FITNESS. In addition, the undersigned hereby accepts full responsibility for, and hereby waives any claim he/she may have against UPTOWN FITNESS for, any injury to his/her person or property arising from his/her use of UPTOWN FITNESS facilities in general, including, but limited to, UPTOWN FITNESS locker rooms, dressing rooms and shower rooms.
UPTOWN FITNESS shall not be responsible or liable to members or their guests for articles damaged, lost or stolen in or about UPTOWN FITNESS, or in lockers, or for loss or damage to any property, including, but not limited to, automobiles and the contents thereof. Members and guests of members who bring their children to UPTOWN FITNESS during the specified times further agree to accept full responsibility for the safety and well being of their children and agree to maintain control and discipline over their children while they are at UPTOWN FITNESS.
Having read the preceding, the undersigned, for himself/herself and on behalf of his/her executors, administrators, heirs, assigns and successors, acknowledges his/her understanding of those risks set forth herein, knowingly agrees to accept full responsibility for his/her own exposure to such risks and does hereby expressly forever release and discharge UPTOWN FITNESS, its owners, officers, employees, agents, assigns and successors from all such claims, demands, injuries, damages, actions or causes of action. In addition, the undersigned hereby agrees to indemnify UPTOWN FITNESS, its owner, officers, employees, agents, assigns and successors for any and all costs, liabilities and losses arising from the undersigned’s or the undersigned’s invitee, injury at UPTOWN FITNESS.