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PhysWell Fitness and Rehab Liability Waiver (5461)

MASTER WAIVER, RELEASE OF LIABILITY


PHYSICAL WELLNESS AND FITNESS, LLC


PLEASE READ CAREFULLY


This form is an important legal document that explains the risk you (or your child(ren)) are assuming by participating in physical activity and exercise, including but not limited to Gymnastics, Lifting, Fitness Training, and Yoga. It is critical that you have read and understand this document completely.  If you do not understand any part of this document, it is ultimately your responsibility to ask for clarification prior to signing it.


For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I ______________________________, warrant and represent the following in order to participate in the activities conducted, offered by, or use of Physical Wellness and Fitness, LLC facilities.


{If participant is under the age of 18, the undersigned is executing this document as parent or legal guardian of ______________________________, a minor, and that all representations, warrants, releases, etc. contained herein are made on behalf of the undersigned and the minor.}


  1. Assumption of Risk.  I acknowledge that participation in physical activity and exercise, including weightlifting, gymnastics, or any other physical training programs, subjects the participants to the possibility of physical illness or injury (minimal, serious, catastrophic) and/or death and that I acknowledge that I am assuming the risk of such illness, injury, and/or death by participating in any of the activities provided by or offered through Physical Wellness and Fitness, LLC. and Physical Wellness and Rehabilitation, LLC.


  1. Release of Liability. I, on behalf of myself and my spouse, all my agents, representatives, guardians, successors, assigns, heirs, children, and next of kin (all foregoing, collectively, the “Participant Parties”), hereby agree to IRREVOCABLY WAIVE, RELEASE, DISCHARGE, AND HOLD HARMLESS Physical Wellness and Fitness LLC, its respective directors, officers, owners, representatives, members, agents, independent contractors, instructors, employees and participants, as well as any other off-site hosting sites (e.g., public parks, beaches, parking lots, etc.) on whose premises Physical Wellness and Fitness LLC activities may occur (“Released Parties”), from any and all liability for any claim, judgment, loss, liability, cost and expenses (including, without limitation, attorney’s fees and costs, lost wages, and medical expenses) arising out of or connected with Physical Wellness and Fitness LLC, including any claim arising out of or connected with any illness or injury (minimal, serious, catastrophic) and/or death that I may incur during any activities for which Physical Wellness and Fitness, LLC has provided the facility or program, use of Physical Wellness and Fitness, LLC equipment (whether or not during class sessions), and while traveling to and from any off-site locations for Physical Wellness and Fitness, LLC activities.  I, on behalf of myself and my spouse, all my agents, representatives, guardians, successors, assigns, heirs, children, and next of kin WAIVE AND HOLD HARMLESS Physical Wellness and Fitness, LLC its’ managers, officers, affiliates, directors, agents, staff, volunteers, suppliers, licensors, licensees and employees from and against any and all actions, judgments, settlements, claims, liabilities, losses, damages, expenses, and cost (including court costs and attorney’s fees), including, without limitation, for any property damage, personal injury, death or any other action, claim, liability, loss, damage or expense against Physical Wellness and Fitness, LLC based on its’ operations and any affiliated business or premises.


  1. Knowing and Voluntary Execution.  I hereby warrant that I have read this liability release in its entirety and fully understand its contents.  I am aware that this liability release releases Released Parties from liability and contains an acknowledgement of my voluntary and knowing assumption of the risk of injury or illness.  I am not a minor, and I have signed this document voluntarily and of my own free will. If the subject of this agreement IS a minor, then the person signing on behalf of the minor is made all of the same representations as listed in the paragraph.


  1. Physical Condition.  I have consulted with my position and have made certainThat I am medically cleared to exercise and participate in physical activities. I warrant that I am in good health and have no physical condition(s) that would prevent me from participation in any events or activities. If I have any limitations conditions, whether temporary or permanent, I agree to promptly notifyPhysical Wellness and Fitness, LLC and my instructor. However, if I am aware of said limiting conditions and continue to participate in the activity, I am assuming all risk of further injury.  If Physical Wellness and Fitness, LLC or my instructor show refuse to allow my participation in any activity as a result of such disclosure, such refusal shall not constitute a breach of this agreement between myself and Physical Wellness and Fitness, LLC.


  1. Medical Treatment.  In the event of any illness or injury arising out of or connected with Physical Wellness and Fitness, LLC, I authorize Physical Wellness and Fitness, LLC to obtain necessary medical treatment and release and hold harmless released parties in the exercise of this authority.  I further acknowledge and understand that I will be responsible for any and all medical and related bills that may be incurred on my behalf for any illness or injury that I may sustain during participation in Physical Wellness and Fitness, LLC.


  1. Use of Name and Image.  I understand that Physical Wellness and Fitness, LLC from time to time produces promotional material relating to its programs.  I understand that as a participant and/or a spectator at Physical Wellness and Fitness, LLC, I may be included in video tapes, photographs, DVDs, podcasts, and casts during Physical Wellness and Fitness, LLC activities.  Therefore, without reservation or limitations, I hereby assign, transfer and grant to Physical Wellness and Fitness, LLC, its successors, assignees, licensees, sponsors, any television networks, and all other commercial exhibitors the exclusive right to photograph and/or videotape me into utilize such videotapes in photographs of my name, face, likeness, voice and appearance as part of Physical Wellness and Fitness, LLC, or in advertising and promoting Physical Wellness and Fitness, LLC.  I further understand that neither Physical Wellness and Fitness, LLC nor any third party is under any obligation to exercise any of the foregoing rights, licenses and privileges.  I waive any right to inspect or approve any material related thereto. 


  1. Indemnification.  I hereby expressly agree to forever identify, defend and hold the released parties harmless from and against any and all losses, liabilities, claims, costs, damages, demands, and expenses (including but not limited to attorney fees) arising from or in connection with any and all (i) damages suffered by Participant resulting in any way from Physical Wellness and Fitness, LLC activities (ii) actions or claims brought by any other purchase spent parties against any of the released parties in connection with Physical Wellness and Fitness, LLC and (iii) uses of the recordings, statements and/or image.


  1. LAWSUITS.  I HEREBY REPRESENT AND WARRANT TO THE RELEASED PARTIES THAT NONE OF THE PARTICIPANT PARTY SHALL MAKE OR INSTITUTE ANY LAWSUIT OR CLAIM ANY LIABILITY,IN LAW OR IN EQUITY; AGAINST ANY OF THE RELEASED PARTIES WITH RESPECT TO ANY CLAIM, JUDGMENT, LOSS, LIABILITY, COST AND EXPENSES INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES IN COSTS, LOST WAGES, AND MEDICAL EXPENSES ARISING OUT OF OR CONNECTED WITH PHYSICAL WELLNESS AND FITNESS, LLC, WHETHER SAME SHELL ARRIVES BY THEIR NEGLIGENCE OR OTHERWISE, INCLUDING ANY CLAIMS ARISING OUT OF OR CONNECTED WITH ANY ILLNESS OR INJURY MINIMAL, SERIOUS THOMAS CATASTROPHIC AND/OR DEATH THAT MAY OCCUR DURING USE OF PHYSICAL WELLNESS AND FITNESS, LLC FACILITIES OR ASSOCIATE ACTIVITIES WEATHER ON PHYSICAL WELLNESS AND FITNESS, LLCPREMISE OR OFFSITE, USE OF PHYSICAL WELLNESS AND FITNESS, LLC EQUIPMENT WHETHER OR NOT DURING CLASS SESSIONS, AND WHILE TRAVELING TO AND FROM ANY OFF-SITE LOCATION FOR PHYSICAL WELLNESS AND FITNESS, LLC ACTIVITIES. NOTWITHSTANDING THE FOREGOING, NONE OF THE PARTICIPANT PARTIES SHALL COMMENCE ANY ACTION OR PROCEEDING AGAINST ANY OF THE RELEASED PARTIES MORE THAN 90 DAYS AFTER THE DATE ON WHICH EVENT TAKES PLACE, AND PARTICIPANT ACKNOWLEDGES THAT THIS LIMITATION CONSTITUTES AN EXPRESS WAIVER OF ANY RIGHT UNDER ANY APPLICABLE STATUTE OF LIMITATIONS WHICH WOULD OTHERWISE AFFORD ADDITIONAL TIME FOR SUCH A CLAIM.  IN THE EVENT OF ANY LAWSUIT, PARTICIPANT HEREBY EXPRESSLY WAIVES THE RIGHT TO HAVE PARTICIPANT’S CLAIMS OR DEFENSES HEARD BY A JURY. 


  1. NO REPRESENTATIONS OR WARRANTIES.  PHYSICAL WELLNESS AND FITNESS, LLC NOR ANY OF THE RELEASED PARTIES MAY MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACTIVITIES, FACILITIES, AND/OR INSTRUCTION CONNECTED WITH PHYSICAL WELLNESS AND FITNESS, LLC AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.  


  1. LIMITATION OF LIABILITY.  NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, NONE OF THE RELEASED PARTIES SHALL BE LIABLE TO THE PARTICIPANT OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, UNDER STATUTE OR OTHERWISE, ARISING FROM ANY CLAIM DIRECTLY OR INDIRECTLY RELATING TO OR ARISING IN CONNECTION WITH PHYSICAL WELLNESS AND FITNESS, LLC.


  1. Severability.  If any provision in this agreement is found to be invalid, unlawful or unenforceable to any extent, such provision shall be excluded from this Agreement, the remainder of which shall continue to be valid, lawful and enforceable in all other respects to the fullest extent permitted by law. 


  1. Governing Law.  This agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.  Any controversy arising under this Agreement shall be adjudicated before a state court of competent jurisdiction located in Duval County, Florida.  By the execution and delivery of this Agreement, each party: (i) accepts, generally and unconditionally, the exclusive jurisdiction of such court and any related appellate court; and (ii) irrevocably waives any objection it may now or hereafter have as to the venue of any such suit, action, or proceeding brought in such a court or that such court is an inconvenient forum.


  1. Entire Agreement.  This Agreement constitutes the sole and entire understanding among Physical Wellness and Fitness, LLC and myself with respect to the subject matter hereof and supersedes all prior agreements, promises, proposals, representations, and understandings and negotiations, whether written or oral, among Physical Wellness and Fitness, LLC, any myself with respect with such subject matter.  No amendment, supplement or modification to this agreement shall be binding unless in writing and signed by the parties hereto. 


  1. I acknowledge and understand that Physical Wellness and Fitness, LLC has established rules and regulations pertaining to conduct, behavior, and activities of all participants and I agree to abide. 


THIS DOCUMENT INCLUDES A RELEASE OF PHYSICAL WELLNESS AND FITNESS, LLC, PHYSICAL WELLNESS AND REHABILITATION, AND OTHERS FROM LIABILITY FOR PERSONAL INJURY, WRONGFUL DEATH, AND PROPERTY DAMAGE CAUSED BY NEGLIGENCE.  I HAVE READ THIS DOCUMENT AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY AND A WAIVER OF RIGHTS.


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