LIABILITY WAIVER AND RELEASE AGREEMENT - PLEASE READ CAREFULLY
Introduction: This document explains that by participating in any activities at NYTG("Property"), you choose to do so at your own risk, including the use of the Property by
minors. You should and must show caution when participating in the activities and
always follow the Property's Rules and Regulations as well as instructions given by
signs, messages at the location, website, and Company personnel. You will not be able
to sue for damages if an accident or injury occurs.
I understand that I am entering the premises of Not Your Typical Gym for the purpose of engaging in physical exercise, including exercise with weights and other gym equipment. I understand that physical exercise carries inherent risks of injury. I understand that it is my responsibility to consult with a healthcare provider of my choice to assess my physical fitness and the appropriateness of engaging in physical activity. I further understand that Not Your Typical Gym does not keep a health care professional on staff and cannot provide individualized medical advice.
1. I agree, on behalf of myself and the minor(s) listed on this document to RELEASE,
WAIVE, DISCHARGE, and COVENANT NOT TO SUE [insert Company name here]
("Company"), NYTG, any respective affiliates, subsidiaries, or parent companies and
each of its owners, employees and agents, or anyone else directly or indirectly
connected with the Property from any liability whatsoever arising from any injury,
including death, to me or my child(ren), or damage to property belonging to me or my
child(ren) while on the Property and participating in any activity on the Property. The
scope of this release includes but is not limited to acts of ordinary or gross negligence
as well as medical treatment provided or failed to be provided.
2. WARNING: Inherent risks of entering the Property include, among others, risks
of injury as well as the potential for you to act in a negligent manner that may
contribute to your injury or death. You are assuming the risk of participating in
this activity.
3. I fully understand and assume the risks and potential dangers associated with
entering the Property and participating in any activity on the Property. Understanding
these risks and dangers, I ASSUME FULL RESPONSIBILITY FOR ANY PROPERTY
DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, which may be suffered by
me/my child(ren).
4. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the Company from
any loss, liability, damage, or cost, including court costs and attorney's fees, that may
result for my/my child(ren)'s presence on the Property and participation in any activity
on the Property.
5. I acknowledge and agree that this Agreement shall be binding upon the members of
my family and spouse, if I am alive, and my heirs, assigns, and personal representative,
if I am deceased, and shall be considered a RELEASE, WAIVER, DISCHARGE AND
COVENANT NOT TO SUE the Company.
6. I acknowledge and agree that the laws of the State where the Property is located
shall apply to this Agreement and to any matters arising out of or related to this
Agreement. I agree that any legal claim or dispute arising out of or any way relating to
this Agreement or my entry onto the Property will be adjudicated exclusively by and in
the courts of where the Property is located.
7. I represent that I am at lease eighteen (18) years of age or represented by a legal
guardian who is at least eighteen (18) years of age, and fully competent to enter a
binding contract.
8. I acknowledge and agree that I am executing this Agreement in consideration of
being permitted to enter upon the Property and being allowed to participate in any
activity on the Property and accept and agree to always act in accordance with the
regulations and instructions given by the Company and its personnel for each activity I
participate in.
9. This Agreement shall be construed to provide a release and waiver to the maximum
extent permissible under the laws of the state where the Property is located. I
acknowledge and agree that the terms of this Agreement shall remain in full effect
regardless of any software errors or updates that may inadvertently delete my member
account from the records of the Company.
10. I agree, on behalf of myself and the individual(s) listed below, that I have no
medical, mental, emotional, or physical conditions which could interfere with my safe
participation in activities at the Property or else I am willing to assume - and bear the
costs of - all risks that may be created, directly or indirectly, by any such conditions. At
any time, I have the right to not participate in or to discontinue my participation in a
specific activity with which I am not comfortable.
11. I agree and consent for all purposes, on behalf of myself and the individual(s) listed
below, to allow for the reproduction, selling, and/or use of photographs or videos of
myself, and the individual(s) listed below (with or without the use of my name) by the
Company, and any of its designees in media, promotional materials, brochures and/or
website. In giving this consent, I release the Company or their designees from liability
for any violation of any personal and/or proprietary right I may have in connection
therewith.
12. If any provision of this Agreement or this application thereof is held invalid, the
invalidity shall not affect other provisions or applications of this Agreement which can be
given effect without the invalid provisions or applications.
I REPRESENT THAT I HAVE READ THIS AGREEMENT, I FULLY UNDERSTAND
THAT I HAVE WAIVED RIGHTS BY SIGNING IT. I AM UNDER NO PRESSURE OR
DURESS TO SIGN, AND I SIGN THIS AGREEMENT INTENTIONALLY,
VOLUNTARILY, AND OF MY OWN FREE WILL.
Not Your Typical Gym
