Terms and Conditions

Waiver and Release

 

By attending classes, activities, events, and other programs and/or signing up for any of the foregoing and/or using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of Incline Running, you hereby acknowledge on behalf of yourself, your heirs, parents, spouses, children, personal representatives, assigns, estates, successors, attorneys, insurers, and all other persons, firms, partnerships or corporations connected therewith, that there are certain inherent risks and dangers in indoor walking, running and use of the exercise equipment in association with the Classes and Facilities. You acknowledge and agree that the inherent risks and dangers cannot be eliminated regardless of the care taken to avoid injuries and damage. You also acknowledge and agree that the specific risks vary from one type of exercise or activity to another, but range from (1) property damage, (2) minor injuries including but not limited to scratches, bruises, muscle soreness, and sprains; (2) major injuries including but not limited to eye injuries, loss of sight, arm or leg injuries, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including but not limited to paralysis and death. You acknowledge and agree that at all times you will comply with all verbal instructions, usual and customary terms, posted safety signs, and rules given to you by the Incline Running staff. If in the sole opinion of the Incline Running staff, you would be at risk participating in or accessing any Incline Running Classes and Facilities, you understand, acknowledge and agree that you may be denied access to the Classes and Facilities. In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (i) agree to assume full responsibility for any and all injuries and damage (known or unknown) which are sustained or aggravated by you in relation to the Classes and Facilities, (ii) forever, finally, fully, permanently and unconditionally waive, release, indemnify, acquit, discharge, defend and hold harmless Incline Running, its present and former officers, directors, members, owners, shareholders, partners, principals, employees, staff, affiliates, insurers, attorneys, suppliers, manufacturers, clients, customers, participants, representatives and agents, and each of their respective successors and assigns and all other persons, firms, partnerships or corporations connected therewith, from any and all responsibility, charges, passive and active negligence, claims, debts, disputes, actions, suits, procedures, costs, expenses, damages, and liabilities, known or unknown, to the fullest extent permitted by law arising out of or in any way related to attendance and/or participation in the Classes and Facilities, (iii) represent that you (a) have no medical or physical condition or disabilities (chronic or otherwise) that would prevent you from properly using any of Incline Running’s Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, (c) have not been instructed by a physician or other healthcare provider to refrain from participating in physical exercise, (d) have been given a clean bill of health by a physician that allows you to participate in physical exercise such as Incline Running’s Classes and Facilities, (e) are not under the influence of alcohol, illicit or prescription drugs that may in any way impair your ability to safely participate in any Classes or access the Facilities, and (iv) covenant not to sue Incline Running, its present and former officers, directors, members, owners, shareholders, partners, principals, employees, staff, affiliates, insurers, attorneys, suppliers, manufacturers, clients, customers, participants, representatives and agents, and each of their respective successors and assigns and all other persons, firms, partnerships or corporations connected therewith to recover any monetary sums on account of any claims, debts, disputes, procedures, costs, expenses, damages, and liabilities, known or unknown that arise out of or relate in any way to your use of the Classes and Facilities of Incline Running and any and all equipment therewith.