I, the undersigned, in consideration of my use of the fitness and other equipment (collectively, the “Equipment”) and/or participating in fitness programs at Warrior Sports (the “Company”) hereby agree to the following, on behalf of myself, my heirs, my children, executors, administrators, successors and assigns:
1. I am voluntarily using the Equipment and/or participating in fitness programs at the Company’s premises. I recognize that the use of the Equipment and/or participation in fitness programs requires physical exertion, and I am fully aware of the risks and hazards involved, including the risk of serious injury, including permanent disability and death.
2. I understand that it is my responsibility to consult with a medical professional prior to and regarding my use of the Equipment and/or participation in fitness programs. I hereby represent and warrant to the Company that, to the best of my knowledge, after such consultation, I have no medical condition that would prevent my safe use of the Equipment and/or participation in fitness programs.
3. I assume full responsibility for any and all risks, injuries, and/or damages, known or unknown, which I might incur as a result of the use of the Equipment and/or participation in the fitness programs.
4. I knowingly, voluntarily, and expressly waive any claim I may have against Andrew Mariage, the Company and its insurers, officers, directors, associates, agents, contractors, and employees (collectively, the “Indemnified Parties”), for injury and/or damages (both economic and non-economic) sustained as a result of use of the Equipment and/or participation in fitness programs, regardless of whether such injuries result, in whole or in part, from the negligence of the Company or any of the other Indemnified Parties (collectively, “Damages”). I hereby accept full responsibility for any and all Damages and agree to indemnify and hold harmless the Company and the other Indemnified Parties from any and all claims, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, relating to the Damages.
5. I understand and agree that none of the Indemnified Parties are responsible for property that is lost, stolen or damaged while in, on or about the Company’s premises.
6. I agree to use the Equipment in the company of at least one other individual so that there are at least two individuals in the room at all
times that I am using the Equipment.
7. I agree to abide by all other terms and conditions required for the use of the Equipment and/or participation in fitness programs, including attending an orientation session to familiarize myself with the proper operation of the Equipment.
The provisions of this agreement shall be governed by and construed in accordance with the laws of the State of Missouri without regard to its conflict of laws principles. If any clause or provision of this agreement is illegal, invalid, or unenforceable under present or future laws, then the remainder of this agreement shall not be affected thereby and in lieu of such clause or provision, there shall be added as a part of this agreement a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid and enforceable.
I HAVE READ THE ABOVE LIABILITY WAIVER AND INFORMED CONSENT FORM, UNDERSTAND THAT THIS AGREEMENT IS A LEGAL DOCUMENT, UNDERSTAND THIS WAIVER COUNTS FOR BOTH PARENT AND CHILD, AND I HAVE BEEN GIVEN THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY REGARDING ITS EFFECT, AND FULLY UNDERSTAND ITS CONTENTS. I VOLUNTARILY AGREE TO THE TERMS AND CONDITIONS STATED ABOVE.