Terms and Conditions

In consideration for my participation in and use of OXYGEN FITNESS AND WELLNESS STUDIOS INC. (Oxygen) fitness classes and facilities, I consent to the following Informed Consent Waiver and Release of Liability Agreement (“Agreement”), set forth as follows:

ASSUMPTION OF RISK OF INJURY

I acknowledge and understand that my participation in/use of Oxygen’s fitness classes, facilities, and equipment can be dangerous and that I may sustain serious injury or even death as a result thereof. I hereby agree to assume all risks of injury and to forever waive all rights, claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages, and liabilities of every kind, whether known or unknown, in law or equity, I may have arising from or in any way related to my participation in/use of Oxygen’s fitness classes, facilities, and equipment, even if said injury is caused, in whole or part, by the negligence of Oxygen and/or its agents, representatives, employees, or independent contractors. In the event I should be injured while on Oxygen’s property, I will hold harmless Oxygen, its agents, representatives, employees, and independent contractors for any claims for injuries or damages whatsoever, including claims for contribution. I further acknowledge and understand that the instructors administering the fitness classes at Oxygen are not employees of Oxygen, but are instead independent contractors and that Oxygen shall not be liable for any negligent acts of said fitness instructors. This Agreement shall pass to my heirs and assigns.

PHYSICIAN CONSULTATION/PRE-EXISTING CONDITIONS

I understand that my participation in/use of Oxygen’s fitness classes, facilities, and equipment may cause injury or aggravate existing conditions and that I have been advised to consult with a physician before beginning such participation/use. I understand that my participation in/use of Oxygen’s fitness classes, facilities, and equipment is undertaken at my own risk. I agree to hold harmless, indemnify, and forever waive all liability against Oxygen, its agents, representatives, employees, and independent contractors for any injury I may sustain in the course of my participation in/ use of Oxygen’s fitness classes, facilities, and equipment as a result of any physical defect or condition that I may have, whether now known or later discovered–regardless of whether said injury or defect was made known to Oxygen, its agents, representatives, employees, or independent contractors and regardless of whether said injury was the result of any negligence by Oxygen and/or its agents, representatives, employees, or independent contractors. I hereby acknowledge that if I am uncomfortable with any activity, exercise, or training program that I may immediately state so, and that it is my right and responsibility to remove myself from that situation immediately and that I am encouraged to do so. This Agreement shall pass to my heirs and assigns.

PICTURES, IMAGES, AND USE OF LIKENESS

I understand and agree that by my participation in/use of Oxygen’s fitness classes, facilities, and equipment, I expressly consent to the use of any and all images or pictures containing my likeness by Oxygen, its agents, representatives, employees, and independent contractors, as long as such use is related to a legitimate business purpose, such as training of others or promotional activities. I hereby agree to release, indemnify, and hold harmless Oxygen, its agents, representatives, employees, and independent contractors from any liability arising out of or related to the taking or publishing of my image, picture, or photograph, even if such liability is caused in whole or part by the negligence of Oxygen, its agents, representatives, employees, or subcontractors. This Agreement shall pass to my heirs and assigns.

EFFECTIVE TIME PERIOD/TRAINING AT MY OWN RISK/ THIS AGREEMENT SHALL NOT EXPIRE

I acknowledge that in consideration for my participation in and use/of Oxygen’s facilities, fitness classes, and equipment, this Agreement SHALL NOT EXPIRE BUT SHALL INSTEAD BE CONSIDERED EFFECTIVE IN PERPETUITY.

I understand all that is expressed in this Agreement, and I certify that I am of sound judgment and legally competent to enter into this Agreement.

Client has approval from parent or guardian if client is not 18 of age.