Terms and Conditions
Express Assumption of Risk: I, the undersigned, am aware that physical exercise can be strenuous and subject to risk of serious injury. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner and/or instructor, or other people around me; injury or death due to the improper use or failure of equipment; strains and sprains; and damage to the premises. I agree that if I engage in any physical exercise or activity, or use any club amenity on the premises or off premises (including but not limited to spin, yoga, Pilates, personal training, the steam room or the sauna) I willingly assume all risks of injury, illness or death that may result from participation in any activity or class while at, or under direction of Up Fitness Corporation (“Up Fitness”).
I am aware that I should consult with a physician or have a physical examination before using any fitness equipment or program, especially if I am elderly, pregnant, unaccustomed to physical exertion, have physical limitations or a history of high blood pressure, heart problems, or other chronic illness. I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others and that I have not been advised to not participate by a qualified medical professional. I also acknowledge that I am over the age of eighteen (18). I authorize any representative of Up Fitness to obtain emergency medical treatment for me, including transportation to a hospital or other medical facility, and I understand that I am responsible for paying any costs associated with that emergency medical treatment.
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Release: In consideration of the fact that I am willingly and voluntarily participating in the activities offered by Up Fitness, I, the undersigned, release Up Fitness, its owners, principals, agents, employees, independent contractors, volunteers, representatives, successors or assigns from any and all liability, claims, demands, actions or rights of actions, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of this agreement shall remain in full legal force and effect.
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Indemnification: I recognize that there is risk involved in the types of activities offered by Up Fitness. Therefore, I accept financial responsibility for any injury that I might cause either to myself or to any other participant (including instructors) due to my negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Up Fitness, its owners, principals, agents, employees, independent contractors, volunteers, representatives, successors or assigns for the injury or death of any person(s) and damage to property that might result from my negligent or intentional act or omission while participating in activities offered by Up Fitness.
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Loss of Property: Up Fitness shall not be liable for the disappearance, loss or theft of, or damage to personal property, including but not limited to money, negotiable securities, or jewelry. In no event shall Up Fitness’s liability for disappearance, loss, theft, or damage thereof exceed the lesser of the actual value or $50.
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I CERTIFY THAT I HAVE READ THIS DOCUMENT; AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.
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