DISCLAIMER, CONSENT TO PARTICIPATE, AND LIABILITY WAIVER

 

In consideration of the opportunity to participate in any activity guided by KP Fitness LLC (KP), I understand that I must read and sign the Membership Agreement, if applicable, and abide by all terms and conditions provided by KP, as well as sign this agreement where I assume the risks for participation, waive liability, and acknowledge receipt and agreement with KP policies and procedures (hereafter, this Wavier):

 

  1. I ASSUME THE RISKS. I understand that my participation in the Program is voluntary and subjects me to the possibility of physical injury (which could be minimal, serious, and/or result in death) and loss of or damage to my property, including, but not limited to, serious neck and spinal injuries resulting in complete or partial paralysis, heart attack, stroke; injuries to bones, joints, or muscles; and slips, falls, and unintended loss of balance could result in muscular, neurological, orthopedic or other bodily injury. I understand that part of the risk involved in undertaking any activity or program is relative to my own state of fitness or health (physical, mental, or emotional) and to the awareness, care and skill which I conduct myself in that activity or program (collectively, Risks). Knowing these risks and appreciation, knowing, and reasonably anticipating that other injuries are a possibility, I agree to the following:

    1. I hereby expressly assume all of the delineated risks of injury, all other possible risk of injury, and even risk of possible death, which could occur by reason of my participation.

    2. I recognize the physical exertion involved in the Program. I have completed the Physical Activity Readiness Questionnaire and attest and certify that I am physically fit to participate in the Program safely, and I have not been advised otherwise by a health care professional.

  2. I WILL FOLLOW THE RULES. Further, I have been supplied, read, and agree to abide by all safety rules, and KP policies and procedures. I further agree and warrant that, if at any time, I feel the need to cease activity at any time, I will do so and immediately notify KP.

  3. I RELEASE KP. I hereby waiver, release, hold harmless, and forever discharge KP, its officers, directors, employees, agents, volunteers, and contractors (collectively, Releasees) from any present or future claim, demand, loss, liability, damages, and attorney fees and costs whatsoever arising from, related to, or resulting from these Risks (Claims), including those related to the use of equipment or caused by the negligent acts or omissions of any or all of the Releasees. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the Program, or else, as between each of the Releasees and me, I will be solely responsible for any and all medical and related bills that I may incur because of any injury, as well as costs related to loss or damage to my property, that I may sustain as a result of my participation in the Activities, including those sustained on KP property or elsewhere.

  4. I WILL INDEMNIFY KP. Should KP or anyone acting on their behalf be required to defend themselves against any claim or demand or incur attorney’s fees and costs to enforce this Waiver, any other Waiver, any agreement with KP, terms and conditions of KP, or any other attending document, I agree to indemnify and hold them harmless for all such fees and costs, and pay actual attorney fees arising from such enforcement or defense.

  5. THIS IS THE ENTIRE AGREEMENT AND IS BINDING. This Waiver, the Personal Training Agreement, and all attending documents, contain the entire understanding between and among the parties concerning these matters. No waiver, modification, or amendment of any of the terms of this Waiver shall be effective unless made in writing and signed by the party to be charged. This Waiver shall be binding on my estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a Claim on my behalf or on behalf of my estate. I hereby expressly agree that if any portion of this Waiver is held invalid, the remainder of the Waiver shall nonetheless continue in full legal force and effect.

  6. MICHIGAN LAW. I hereby expressly agree that (1) this Waiver shall be governed and construed according to the laws of the state of Michigan without regard to its conflict of laws provisions and (2) any action or proceeding concerning any Claim or the meaning or effect of any provision of the Waiver shall be conducted only in the federal or state courts located in the Western District of Michigan or Kent County, Michigan, and that for such purposes, I expressly submit to the jurisdiction of such courts.

 

I warrant that I have read and understand that this Waiver involves my waiver and release of significant rights and my assumption of significant indemnification responsibilities in participating in the Activities.


 

SIGNATURE:

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