Terms and Conditions

WAIVER AND RELEASE OF LIABILITY

***PLEASE READ THE FOLLOWING CAREFULLY BEFORE YOU SIGN. YOU ARE GIVING UP SIGNIFICANT LEGAL RIGHTS IN EXCHANGE FOR TRAINING AT TRUE FITNESS***

PLEASE NOTE: This waiver of Liability, Release, Acknowledgement of Risk, and Indemnification Agreement (“Waiver Agreement”) is intended to be, and is, legally binding, and subject to New Jersey Law. Any dispute regarding this agreement or your training at True Fitness including any claims for personal or property damage must be handled in the State and Federal Courts of New Jersey.

If any aspect of this Waiver Agreement requires clarification, have a True Fitness employee fully explain it before signing. You also have the right to have an attorney, at your expense, review the Agreement before you sign it. However, to train at True Fitness, you must first sign the Waiver.

By signing the Waiver, you are agreeing to all terms set forth in this Waiver Agreement. You and/or the person on whose behalf you are signing, are waiving the right to bring any type of action, whether in court or otherwise, to recover compensation or obtain any other remedy for any personal injuries, damages to property, any accident or incident of any type, or death, arising out of or related to your training and participation at True Fitness, its facilities, grounds, climbing walls, exercise areas, classes, equipment, bikes, ropes, whether the use is supervised or unsupervised. While True Fitness offers these activities in a controlled environment, there is still an assumed risk of injury to persons who participate and train. In agreeing to this Waiver Agreement, I hereby acknowledge, understand, and agree on my behalf, and upon behalf of the person for whom I am signing, that the use True Fitness facilities, equipment, climbing walls, classes and/or participating in activities sponsored by True Fitness have inherent risks. These risks include, but are not limited to, any injury of damage resulting from:

Negligence of employees, volunteer assistants, independent contractors of True Fitness; Negligent misuse of the facility, climbing walls, or equipment of True Fitness; falling off or impacting against the climbing walls, impact surface, floors, or anything else; rope abrasion, entanglement or other activities occurring on the premises; cuts or abrasions resulting from any cause whatsoever; failure of the climbing walls or equipment, whether inside or outside; personal health problems, whether mental or physical including those inherent in high-intensity exercise such as rhabdomyolysis; negligence of other climbers, visitors, or observers or persons who may be present in or around the climbing area or facility; and/or negligence or lack of adequate training of any person(s) who seek to assist with medical or other help either before or after any injury or damage may occur.

TRUE FITNESS AGREEMENT AND RELEASE OF LIABILITY

• In consideration of being allowed to participate in the activities and programs at True Fitness and to use its facilities, equipment and machinery in addition to the payment of any fee or charge, I, for myself, my heirs and assigns, hereby waive, release, indemnify, and forever discharge True Fitness, and their officers, agents, employees, representatives, executors and all others from any and all, responsibilities or liability from injuries or damages resulting from my participation in any activities and physical exercise either on or off the True Fitness premises including your use of equipment, participation in classes, climbing walls or use of equipment and machinery during theses activities. I do hereby release and agree to indemnify all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury or damage to myself, including any injury or damage caused partially or wholly by and/or arising partially or wholly out of any negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with my participation in any activities of True Fitness or the use of any equipment at True Fitness.
(Initial)

• I understand and am aware that, fitness, and climbing including the use of the equipment, are all potentially hazardous activities. I also understand that fitness activities involve a risk of injury or even death, and that I am voluntarily participating in these activities and using equipment and machinery with knowledge of the dangers involved. I hereby do expressly assume and accept any and all risks of injury or death.
(Initial)

• I do hereby declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation or use of equipment, climbing wall or machinery except as herein stated. I acknowledge that I have either had a physical examination and been given my physician’s permission to participate, or that I have decided to participate, in the activities, classes, training at True Fitness voluntarily without the approval of my physician and do hereby assume all responsibility for my participation and activities, and utilization of equipment and machinery in my activities.
(Initial)________

Print Name
Signature Date:
Parent and/or Guardian must sign below for minors:

AGREEMENT AND RELEASE OF LIABILITY

In consideration of having True Fitness allow my minor child, __________________ , who is under the age of 18 to participate in the activities and programs of True Fitness, including but not limited to all classes, training and equipment offered at True Fitness, I hereby for my child and his/her heirs, executors, administrators, and or assigns, waive and release any and all rights and claims of any nature my child may have against True Fitness, its officers, employees, agents, chapters, assignees, licensees, and cooperating entities, their representatives, heirs, executors, administrators, successors, and assigns for and against any and all injuries or damages of any nature my child may suffer while taking part in any activities connected with True Fitness, irrespective of whether such injuries or damages are caused partially or wholly by True Fitness agents or employees. This release and consent shall be binding upon my child’s heirs, executors, administrators, and/or assigns.
(Please initial)

Ph ot o / Vi d e o R el ea s e

I hereby give permission for images of myself or my minor child, captured during regular and special activities through video, camera and digital camera to be used solely for the purposes of True Fitness promotional material, publications and digital media, and waive any rights of compensation or ownership thereto. Last names of minors will not be given or posted on the web site.