Terms and Conditions
Waiver, Release and Assumption of Risk:
All individuals who participate in any activity or class or who utilize any equipment of/at the facilities are known as (the ""Participant""). Any instruction
and/ or equipment provided by ELEMENTS FITNESS STUDIOS, INC. or any associate of Elements (references herein as the ""Company""). The participant
must assume all risk of bodily Injury and/or death, and to the fullest extent permitted by the by law, waive, release, and hold harmless the Company from
any liability as a willing participant at the Company’s facilities.
On behalf of myself as the Participant and/or any and/all minor child/children under my supervision or guardianship and control (signature release for
minor child Participant) (collectively referenced herein as the ""Releasing Party’s” hereby volunteer to participate in the classes and activities and utilize
the facilities and equipment offered by the Company.
In consideration for being permitted to partake in activities and classes and to utilize the facilities and equipment offered by the Company, the Releasing
Party hereby represents, acknowledges, and agrees as follow:
The Company offers exercise classes, activities, with and without equipment at our facilities, including but not limited to Indoor/outdoor classes,
rebounding(trampoline), cycling, yoga, yoga in a heated environment, climb, barre, hardcore, HIIT, Rip, and Bootcamps.
There is a risk of physical injury and/or death associated with the exercise classes, activities, equipment, and facilities offered by the Company, including risk of equipment failure, fatigue, dizziness, and injury or death by exceeding the Participant's physical strengths or abilities. The Releasing Party acknowledges this risk for himself/herself and/ or on behalf of any minor child under their supervision.
Participant acknowledges, and agrees that it Is the sole responsibility of the Releasing Party to determine whether the Releasing Party and/ or any minor child under their supervision is sufficiently fit, healthy, and able to participate in the exercise, activities, classes and to utilize the equipment and facilities offered by the Company.
Participant acknowledges, and agrees that it Is the sole responsibility of the Releasing Party to determine whether the Releasing Party and/ or any minor child under their supervision is sufficiently fit, healthy, and able to participate in the exercise, activities, classes and to utilize the equipment and facilities offered by the Company.
The Releasing Party further acknowledges and agrees that he/she/they and any minor children under their supervision are voluntarily participating in the
exercise classes and activities and using the equipment and facilities offered by the Company, and the Releasing Party voluntarily assumes all risks associated
with such participation and use of the equipment and facilities on behalf on themselves and any minor children.
The Releasing Party and/or any minor child participant under their supervision, hereby forever, irrevocably and unconditionally releases, waives, discharges, covenants not to sue, demand, claim or proceed to indict the Company, any affiliates, and/or its shareholders, officers, directors, employees, trainers, and independent contractors for any damages, claims, demands, or injury or death, arising from or relating to, whether directly or Indirectly, the Releasing Party's participation or that of any minor child under their supervision In any class or activities offered by the Company or the Releasing Party's use of any equipment or the facility offered by the company.
If any claim ls asserted against the Company, which Is within the scope of risks assumed and the claims waived and released by this agreement, the
Releasing Party shall indemnify, defend, and hold harmless the Company, including indemnifying the Company for the payment of any claims covered by
this agreement and the payment of all reasonable attorney fees.
The Releasing Party understands that this waiver, release, and hold harmless agreement applies to and includes all activities and classes that the Releasing
Party engages in on the Company premises, whether inside or outside.
The Releasing Party understands and agrees that the terms and conditions set forth in this agreement extend forever into the future and will have full
force and effect every time the Releasing party and/or any minor children under their supervision participates in any activity or class provided by the Company or utilizes the equipment and facility provided by the Company.
The Releasing Party represents and acknowledges that no person is permitted to participate in any class or activity or utilize any equipment or facility
offered by the Company unless the Participant voluntarily executes this Participant Waiver, Releasing all liability and assumption of risk, to the
Company.
The Releasing Party does, for himself/herself and each minor child Participant Identified herein sign and acknowledge the agreement with the intention of
being bound by its terms as stated herein.