Terms and Conditions
WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participating in The Block Fit BR fitness activities (hereinafter the ""activities"") and
IN CONSIDERAION OF my desire to participate in said ""activities"" and being given the right to participate in the same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereafter collectively, ""releasor"", ""I"" or ""me"", which terms shall also include releasor's parents or guardian if releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the activities: and
I HEREBY release and forever discharge The Block Fit BR, located at 711 Jefferson Hwy. Ste. 1-B, Baton Rouge, Louisiana 70806, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively ""releases""), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned activities.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITIES AND I AM PARTICIPATING IN THE ACTIVITIES ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THESE ACTIVITIES, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLICENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITES, OR FROM CONDITIONS AT THE ACTIVITIES LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THESE ACTIVITIES.
I FURTHER AGREE, to indemnify, defend and hold harmless the releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.
I FURTHER ACKNOWLEDGE, that releasees are not responsible for errors, omission, acts or failures to act of any party or entity conducting a specific event or activity on behalf of the releasees. In the event that I should require medical care or treatment, I authorize The Block Fit BR to provide all medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDS, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved an agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE, that these activities may involve a test of a person's physical and mental limits and may carry with the potential for death, serious injury, and property loss. I agree not to participate in activities unless I am medically able and properly trained, and I agree to abide by the decision of The Block Fit BR officials or agents, regarding my approval to participate in activities.
I HEREBY ACKNOWLEDGE THAT I WILL HAVE CAREFULLY READ THIS ""WAIVER AND RELEASE"" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARE The Block Fit BR BRAND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST The Block Fit BR FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of The Block Fit BR, its agents, and employees.
I agree that this release shall be governed for all purposes by Louisiana law, without regard to any conflict of law principles. This release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILTY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTCIPATION IN THE ACTIVITIES, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OR PARTICIPATION.
THIS AGREEMENT was entered into at arm's-length and or online, without duress or coercion, and is to be interpreted as an agreement between to parties of equal bargaining strength. Both participant and The Block Fit BR agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purpose for which it is entered into.
In the event that any provision contained within this release of liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
In the event of an emergency, please provide emergency contact information in your profile completion.
I, THE UNDERSIGNED PARTCIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT TIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILTY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.
***WAIVER IS CONSIDERED SIGNED BY CHECKING THE VERIFICATION BOX THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THIS RELEASE AND WAIVER. ***
PARENT/GUARDIAN WAIVER FOR MINORS
In the event that the participant is under the age of consent (18 years of age), then this release must be signed/authorized by a parent or guardian, as follows:
I HEREBY CERTIFY that I am the parent or guardian of the minor applying for membership and/or activities and do hereby give my consent without reservation to the foregoing on behalf of this individual.