I wish to use the facilities and services offered by Down Under Sports and Fitness. As a precondition to using the facilities, I have read the following Waiver of Liability and Release Agreement (the “Agreement”) and agree to its terms.
I understand there is a fee for non-members. Please contact us at firstname.lastname@example.org if class space is unavailable. We will do our best to accommodate your requests.
1. Assumption of Risk. I understand that using the facilities entails inherent risks of physical injury, including, but not limited to, the risks described in the below section #4 of this Release Agreement. I further understand that there is a risk of mechanical and/or other malfunctions of the weight machines, cardiovascular equipment, and other equipment and apparatus as well as the possibility of injury to my person as a result of the use of such equipment and apparatus. I have been given the chance to ask questions concerning the use of the facilities, and all such questions have been answered to my satisfaction. Having read this form, I am fully aware of the risks and hazards associated with the facilities, and hereby elect to voluntarily use the facilities. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death that may be sustained by me as a result of using the facilities unless caused by the gross negligence or willful misconduct of Down Under Sports and Fitness or its officers, shareholders, agents, employees or volunteers (collectively referred to as “Down Under Sports and Fitness”). I, the undersigned, do hereby acknowledge and understand that I may at times be using Down Under Sports & Fitness at times when no supervisor or employee of the facility is present to oversee and instruct me in the use of the facility and its equipment. I further acknowledge that I understand the risks involved in the use of the Down Under Sports & Fitness facility and its equipment, and I further acknowledge that I have been warned that my unsupervised use of the facility and its equipment could result in injury or harm to myself. I acknowledge and assume any such risk to my person should I use the Down Under Sports & Fitness facility and its equipment without supervision. In the event that I should sustain injury to myself as a result of my use of the facility and its equipment during unsupervised periods, I hereby agree to hold harmless Down Under Sports & Fitness, the trainers, supervisors, or any other employee or contractor. I agree to modify my workout to conform to the wishes of Down Under Sports & Fitness and staff if asked to do so, and I agree to leave the facility if asked to do so by a member of Down Under Sports & Fitness staff.
I, the undersigned, do hereby acknowledge and understand by using the facilities I may be exposed to several inherent risks, including but not limited to both known and unknown: Tripping and Falling - Abrasions, cuts, and contusions - Sprained ankles and wrists - Broken wrists - Heart attack – Dehydration - Knee Injuries - Concussions - Muscle strains and other Muscle Injuries - Musculoskeletal injuries - Shoulder Strains - Back Strains & Injuries – Hernia - Muscle Hypertrophy – Slipping – Stroke - Circulatory Problems - Bone & Joint Injuries - Shin Splints - Foot Problems – INCLUDING BUT NOT LIMITED TO: illness or death from infectious diseases, MRSA, influenza, COVID-19, even if arising from the negligence of released parties or other participants and/or members.
2. Liability Release. In consideration for Down Under Sports and Fitness permitting me to use the facilities, I agree I will not sue and I release Down Under Sports and Fitness from any and all liabilities, claims, demands, actions, causes of actions, costs and expenses of any nature whatsoever arising out of any loss, damage, or injury, including death, that may be sustained by me or to any property belonging to me, arising from using the facility or while upon the premises, excepting those claims arising from the gross negligence or willful misconduct of Down Under Strength and Fitness.
3. Indemnification. I agree to indemnify and hold harmless Down Under Sports and Fitness from and against any loss, liability, damage or costs, including court costs and attorneys’ fees, that Down Under Sports and Fitness may incur arising from my use of the facilities excepting those claims arising from the gross negligence or willful misconduct of Down Under Sports and Fitness. It is my express intent that this Agreement shall bind the members of my family and spouse (if any), my estate, heirs, administrators, assigns, and personal representatives. I agree that this Agreement and any claim arising from my use of the facilities shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provision. The courts of Berks County, Pennsylvania, shall be the forum for any lawsuits arising from the use of the facilities or incident to this Agreement. The terms of this Agreement shall be severable, such that if a court of competent jurisdiction holds any term to be illegal or unenforceable, the validity of the remaining portions of shall not be affected thereby.
4. Warranty of Physical Fitness. I warrant that I am in good health and in a condition that will permit allow me to fully use the facilities. I maintain medical insurance that will cover me for any accidents and illnesses that may occur while I am participating in this Activity using the facilities. I understand Down Under Sports and Fitness has not made, nor will make, any investigation into my physical fitness or ability to use the facilities, and Down Under Sports and Fitness is relying on my warranty of my physical condition. I assume full responsibility for payment of any and all medical expenses not covered by my insurance incurred as a result of my use of the facilities.
5. COVID-19 SAFETY PROTOCOLS. I, the undersigned, agree to adhere to COVID-19 safety protocols that Down Under Sports & Fitness has adopted and posted throughout the facility, on the website, and/or social media sites/apps, and in other forms of communications. These protocols include, are not limited to, social distancing, wiping down equipment before and after use, and following appropriate CDC and state guidelines in regards to the wearing of a face mask, temperature screening, and hand washing or sanitizing. Failure to abide by these protocols may result in the suspension or termination of my membership agreement and all fees that apply.
6. RELEASE OF PHOTOGRAPHIC/VIDEO USE AND/OR LIKELINESS. I agree you may photograph and/or video of me and/or my child during my activities and that you retain the right to use these visual images in future literature for Down Under Sports & Fitness without compensation to me or my child. I further agree that you may use my name or my child’s name, or any testimonials made by us without limitation in advertising and promoting Down Under Fitness.
I HAVE NOT BEEN BEEN DIAGNOSED TO HAVE: TYPE 1 OR 2 DIABETES, HEART DISEASE, HEART ATTACK, CARDIAC SURGERY, STROKE, PACEMAKER, ANEURYSM, OR ANGINA PECTORIS. IF I HAVE BEEN DIAGNOSED WITH ANY ONE OR MORE OF THE AFOREMENTIONED CONDITIONS, I HAVE HAVE CONSULTED WITH AND/OR BEEN CLEARED BY A DOCTOR TO RETURN TO EXERCISE. IF I HAVE NOT BEEN CLEARED TO EXERCISE, MY PARTICIPATION WILL BE ON HOLD UNTIL I OBTAIN MEDICAL CLEARANCE.
I acknowledge that I am at least 18 years of age, have read the above terms, understand and agree to be bound by its terms. I further acknowledge that I sign this Release Agreement voluntarily and I am at least eighteen years of age.