Terms and Conditions

This following paragraphs contain waivers of claims and assumption of risk that will affect your legal rights. Please read it carefully before clicking. I acknowledge and agree that the activities in which I am about to engage involve physical activity which may from time to time be strenuous and which carries the inherent risk of injury, including death. I must: (1) judge my own capabilities with respect to participating in classes and other activities at STAR FITCLUB (“STAR FITCLUB”) facilities; and (2) consult with a qualified physician before beginning any exercise regime and from time to time thereafter pursuant to my physician’s recommendations. I hereby assume all risk of injury, illness, damage or loss to me or to my property that might result, including, without limitation, any loss or theft of any personal property. I acknowledge that it is my responsibility to inform STAR FITCLUB personnel immediately should an injury occur. In consideration of my participation in the classes offered by, and use of the facilities and equipment located at, STAR FITCLUB, I hereby: (1) waive and release STAR FITCLUB, LLC, its principals, officers, owners, agents, employees, instructors, independent contractors, and affiliates (collectively, the “STAR FITCLUB Parties”) from any and all claims, demands, causes of action, damages, expenses (including attorney’s fees), losses, and liabilities of any type whatsoever, past, present, or future arising out of or relating to my activities at STAR FITCLUB (collectively, “Claims”) (excepting Claims caused by grossly negligent, reckless or willful conduct, except to the extent such a waiver is permitted under applicable law); (2) agree to indemnify and hold harmless the STAR FITCLUB Parties with respect to any and all Claims for which I may be liable to others; and (3) covenant not to sue the STAR FITCLUB Parties with respect to any Claim. The foregoing waiver of claims, agreement to indemnify, and covenant not to sue apply whether or not I am participating in a class, using any equipment, or acting under the supervision of STAR FITCLUB personnel, at the time of any occurrence, act or omission. I hereby waive any other statute or common law doctrine of like effect, which provide that a general release does not extend to certain claims which the releasing party does not know or suspect to exist at the time of executing a release, it being my express wish that the foregoing release extend to include unknown and future claims. The foregoing agreements are expressly intended to: (1) extend to my heirs, executors, administrators, legal representatives, assignees and successors in interest; (2) include injuries which may occur as a result of (a) my use of any exercise equipment or facilities which may malfunction or break, (b) the STAR FITCLUB Parties’ improper maintenance of any exercise equipment or facilities, (c) the STAR FITCLUB Parties’ negligent instruction or supervision, including without limitation the absence of any supervision by a STAR FITCLUB Party in connection with any personal training session, (d) my slipping and falling while at the STAR FITCLUB Facility, and (e) the acts or omissions of other guests of STAR FITCLUB; and (3) include any Claims arising out of or relating to occurrences, acts and omissions anywhere on the STAR FITCLUB premises, including without limitation the parking structure and the walkways between it and the STAR FITCLUB workout facility. In addition, and also in consideration of my participation in the classes offered by, and use of facilities and equipment located at STAR FITCLUB, and other good and valuable consideration, and intending to be legally bound, I: (x) authorize STAR FITCLUB to take my photograph, and to display, reproduce and distribute such photographs and all related copyrightable images of the me (the """"Images"""") and to allow STAR FITCLUB to use the Images and avoid any dispute with respect to ownership of the Images and I wish to waive my right to sue or otherwise proceed against STAR FITCLUB for such use, whether direct or indirect, of the Images; (y) irrevocably and unconditionally release and discharge STAR FITCLUB, including each of its present, or former parent companies, subsidiaries, divisions, units, and affiliates and their respective licensees, sub-licensees, insurers, distributors, suppliers, partners, officers, directors, employees, shareholders, principals, photographers, successors, predecessors, agents, assigns, representatives and all persons acting through, under or in concert with STAR FITCLUB, from any and all claims, suits, causes of action, debts, damages, costs, expenses, liabilities, and demands of any kind, whether in law or equity, whether known or unknown, asserted or unasserted, related to the Images and for copyright infringement in connection with STAR FITCLUB’S use, whether direct or indirect, of the Images for which I have any rights to date; and (z) I intend my execution of this Participant Release and Waiver Agreement to be a license for any ongoing or future use by STAR FITCLUB and or its photographers of the Images, and I authorize STAR FITCLUB to bring legal action for any improper use of the Images, including unauthorized use by me and for any infringement occurring after the date of thereof against third parties. I have carefully read, fully understand and agree to each provision of the foregoing agreement.