Terms and Conditions
Kamps requires that all participants follow safety rules and instructions that are designed to protect the participant’s safety. However, participants must recognize that there is an inherent risk of injury when choosing to participate in fitness center activities. Please read this release of liability (the “Release”) carefully.
You are solely responsible for determining if you are physically fit and/or adequately skilled to participate in the workout at Kamps. It is always advisable, especially if the participant is pregnant, suffers from an underlying medical condition, takes medication, smokes cigarettes, has a family history of coronary disease, or has recently suffered an illness, injury or impairment, to consult a physician before undertaking any fitness center activity.
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment, including, but not limited to the Fitness studio and and locker rooms, (individually and/or collectively, the “Classes and Facilities”) of Kamps Madison, LLC and its subsidiaries (collectively, “Kamps”), you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers associated with Fitness & Exercise, Running on a treadmill, Lifting dumbbells or kettle bells or using resistance band based exercises and other exercise equipment in association with the Classes and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, blisters and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, broken bones, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Kamps staff, you would be at physical risk participating in Kamps Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Kamps with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Kamps’ concerns and stating that Kamps’ concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Kamps, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Kamps’ Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise.
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against Kamps, and its officers, directors, employees, agents, affiliates, members, successors and assigns (collectively, “Releasees”), on account of injury, death or property damage arising out of or attributable to my participation in the activities, whether arising out of the negligence of Kamps or any Releasees or otherwise. I covenant not to make or bring any such claim against Kamps or any other Releasee, and forever release and discharge Kamps and all other Releasees from liability under such claims.
I shall defend, indemnify and hold harmless Kamps and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Release and the cost of pursuing any insurance providers, incurred by/awarded against indemnified party, arising out or resulting from any claim of a third party related to the activities performed.
This Release constitutes the sole and entire agreement of Kamps and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of Kamps and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule."