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  • Waiver of Liability and Hold Harmless agreement*

    Physical exercise carries within it the inherent risk of injury, from minor cuts and scrapes to serious injuries such as broken bones, organ damage, and even death. By signing this agreement and by participating in training of any kind or type with Empower Fitness and Wellness (“Empower Fitness”), regardless of location, acknowledge these risks and assume all liability and responsibility for those risks, unless otherwise prohibited by law. You also acknowledge that by signing this agreement, you have been advised to consult your physician before beginning any physical exercise routine and before making any changes in your diet or using supplements that may be recommended by Empower Fitness. Having read the above paragraph and the remainder of this document, and having an appreciation for and an understanding of the risks associated with physical activity, dietary changes, and supplement use (hereinafter referred to as “training activities”), you hereby affirm and swear that your participation in training activities with Empower Fitness is voluntarily and that you agree to all of the following:

  • 1.*

    I assume all of the risks that may or can arise out of participating in training activities, including but not limited to the physical activities themselves, the use of equipment/field/facilities, the acts of others, or the unavailability of emergency care, and release Eastman Fitness from all liability concerning or relating to training activities to the fullest extent allowed by law. I agree agree not to sue Empower Fitness for any reason resulting from or associated with my participation in the training activities. This waiver and release is intended to include all claims for injuries, accidents, illnesses, or property loss, whether known or unknown or anticipated or unanticipated, which are in any way related to or associated with Empower Fitness or training activities.

  • 2.*

    • Read and understood

    I, on behalf of myself and/or my heirs, personal representatives, and/or assigns, also agree to indemnify and hold harmless Empower Fitness, as well as its affiliates, assigns, partners, members, employees, independent contractors, volunteers, officers, directors, and agents or any other person or entity associated in any way with Empower Fitness from any and all claims, causes of actions, lawsuits, arbitrations or proceedings as well as from any expenses, judgments, costs, fees, damages, expenses and/or liabilities, including attorneys’ fees

  • 3.*

    I have read this agreement and understand its contents. No verbal representations have been made to induce me to sign this agreement.

  • 4.*

    This Agreement represents the entire agreement of the parties, and supersedes any prior agreement between the parties, whether oral or written. The parties represent and agree that in entering this Agreement, they have not relied on relied on any statement or representation of the other party except as is contained within this Agreement.

  • 5.*

    I understand that the waiver of liability contained herein is intended to be as broad and inclusive as permitted under applicable law, and that if any portion of this agreement that is held invalid, the remaining provisions shall remain in full force and effect, and that any provision that is held invalid shall be interpreted and construed to afford Empower Fitness the widest waiver as permitted by applicable law.

  • 6.*

    MINORS. If the individual who will be participating in training activities with Empower Fitness is a minor, I hereby represent and guaranty that I am the parent and/or legal guardian of the individual listed below and I consent to the minor’s participation in such activities. I understand and acknowledge that I am fully aware of an assume all of the risks described above connected with training activities, I recognize my responsibility to ensure that the minor child only participates in activities that are suitable for him/her, and that all of the releases, waivers, agreement to hold harmless, and other provisions contained in this agreement apply in full force and effect to the minor’s participation in training activities. I agree, personally and on behalf of the minor child, to assume all risks and responsibilities surrounding the minor’s participation in training activities or use of Empower Fitness facilities, broadly defined.

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