HARDPRESSED ASSUMPTION OF RISK & LIABILITY WAVIER
This Acknowledgement of Assumption of Risk and Liability Waiver (the “Assumption of Risk & Liability Waiver”) shall govern the furnishing of physical fitness services by Weightroom LLC, an Illinois limited liability company doing business as “Hardpressed” (“Hardpressed”) to (“You” or “Client”), collectively with Hardpressed, the (“Parties”) as of (the “Effective Date”). YOUR SUBSEQUENT ENTRANCE INTO A HARDPRESSED FACILITY REAFFIRMS YOUR AGREEMENT TO THE FOLLOWING ASSUMPTION OF RISK & LIABILITY WAVIER.
1. Participation is Voluntary. You agree that your participation is voluntary and at your own risk. You acknowledge and agree, and have been fully informed, that you are entering into this Assumption of Risk and Liability Wavier with the full assumption of all risks involved, including but not limited to risk of injury and infection, and risk of possible death, which could occur by reason of your participation.
2. Liability Waiver. You waive, release, and discharge from any and all liability Hardpressed and their directors, officers, employees, volunteers, representatives, and agents from all liability including but not limited to, liability arising from the negligence or fault of Hardpressed, its employees, or affiliates for your death, disability, personal injury or infection, INCLUDING THAT WHICH ARISE FROM FAULTY EQUIPMENT, POORLY MAINTAINED FACILITIES, AND EMPLOYEE NEGLIGENCE, OR ACTIONS OF ANY KIND WHICH MAY HEREAFTER OCCUR TO YOU INCLUDING TRAVELING TO AND FROM THIS ACTIVITY.
YOU ACKNOWLEDGE AND AGREE, AND HAVE BEEN FULLY INFORMED, THAT YOU ARE ENTERING INTO THESE TERMS AND CONDITIONS WITH THE FULL ASSUMPTION OF ALL RISKS INVOLVED, INCLUDING BUT NOT LIMITED TO ALL OF THE DELINEATED RISKS OF PERSONAL INJURY, ALL OTHER POSSIBLE RISK OF INJURY, AND EVEN RISK OF POSSIBLE DEATH, WHICH COULD OCCUR BY REASON OF YOUR PARTICIPATION.
As consideration for being permitted by Hardpressed to participate in these physical fitness activities and to use its facilities, you hereby agree, on your behalf and on behalf of your assignees, heirs, distributes, guardians, and legal representatives, to waive, and covenant not to sue upon, all claims against Hardpressed and its employees and agents arising out of or relating to your participation in Hardpressed’s physical fitness activities, including but not limited to weight training, strength training, and/or cardio training programs. You hereby release Hardpressed and its employees and agents from all lawsuits, actions, claims, or demands that you, your assignees, heirs, distributes, guardians, and legal representatives now have or may hereafter have for injury or damage resulting from your participation in Hardpressed’s physical fitness activities and related equipment, including but not limited to weight training, strength training, cardio training, fitness advisory services, all locker room facilities, and all other facilities.
You have been informed and understand that you are personally responsible for your actions while participating in Hardpressed’s physical fitness services, and that by entering into this agreement you waive any claims against Hardpressed that may arise out of or relate to any injury or infection, personal property damage or theft that may be sustained as a result of your participation.
Client Initials Date
3. Use of Hardpressed Facilities. Your use of the Hardpressed facilities, including the locker rooms and lockers provided therein, is at your own risk. You understand that Hardpressed makes no representations or guarantees, whatsoever, as to the security or strength of its lockers, the locker room, the Hardpressed facilities. You will take all necessary steps to protect your personal belongings, including but not limited to your electronic devices, wallet, purse, and the contents thereof.
4. No guarantee of success; Warranty Disclaimer There is no guarantee of success. The success of any physical fitness training program is the product of many factors, including genetics, diet and nutrition, and your preexisting physical condition. Past results are not indicative of future results. Although Hardpressed takes your fitness extremely seriously, it makes no warranties or guarantees of any kind as to the success of its classes or sessions. Hardpressed therefore expressly disclaims any warranties or guarantees of any kind as to any goods and services.
5. Mandatory Health Disclosures.
a. Current Medical Condition. You confirm by your participation in any exercise Classes or Sessions with Hardpressed, that you have no health problems, including but not limited to: cardiac irregularities; spinal or bone joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; or any allergies that may affect participation in the Hardpressed fitness program. It is highly recommended that you provide Hardpressed the following in writing prior to your first Class or Session: your complete health history, any prescribed medications you are taking, and all exercise or diet limitations you are aware of or have been informed of by your physicians or other medical providers.
b. Ongoing Medical Status/Changes. If at any time your medications, conditions, or medical limitations should change, you must notify Hardpressed immediately. You understand that it is recommended that you have a yearly physical or more frequent physical examination and consultation with your physician as to physical activity and diet so you are aware of what is appropriate for you. You acknowledge that you have either had a physical exam and have been given your physician’s permission to participate or you have decided to participate without approval of your physician. Hardpressed will review and discuss your health history but HARDPRESSED AND ITS AFFILIATES ARE NOT PHYSICIANS AND CANNOT REPLACE THE ADVICE AND EXPERTISE OF A PHYSICIAN.
6. Assumption of Risk. BY SIGNING THIS ASSUMPTION OF RISK & LIABILITY WAVIER AND BY PARTICIPATING IN HARDPRESSED'S PHYSICAL FITNESS SERVICES, YOU AGREE THAT YOU DO SO AT YOUR OWN RISK. You understand that exercise involves certain risks, including but not limited to, serious neck and spinal injuries resulting in complete or partial paralysis, heart attack, stroke or even death. Injuries could occur to bones, joints or muscles. Slips, falls, and unintended loss of balance could result in muscular, neurological, orthopedic or other bodily injury. You also understand that the risk involved in undertaking any physical fitness activity or program is relative to your own state of fitness or health (physical, mental, or emotional), and to the awareness, care and skill with which you conduct myself in an activity or program.
7. Authorization to Seek Medical Help. You hereby give Hardpressed, its employees and agents permission to seek emergency medical services for you should you become injured or ill. you understand and agree that you will be responsible for any expenses incurred as a result of any efforts undertaken by Hardpressed to seek such emergency medical services.
You further acknowledge and agree that you waive any claim against Hardpressed and its employees and agents for any injuries arising out of or resulting from the actions taken or decisions made regarding training for, or performance of, medical or survival procedures.
Client Initials Date
Client Initials Date
9. Change in Terms and Conditions; Notice. Hardpressed reserves the right to change these terms and conditions at any time for any reason and will notify Client of any such changes by email only via this provided. Client will be deemed to have agreed to such changes unless it revokes acceptance of this Agreement, as amended, within five calendar days of transmission of said notice.
10. Jurisdiction and Venue; Governing Law; Jury Trial Waiver. Any disputes arising out of these terms and conditions shall be litigated before a court of competent jurisdiction located in Chicago, Illinois, with you bearing all costs. The parties also agree that these terms and conditions shall be governed by Illinois law without regard to conflict of laws principles. The parties further agree to waive their respective rights to a trial by jury in connection with any disputes, between any of the parties, arising out of this agreement.
11. Entire Agreement. The Parties agree that this Assumption of Risk and Liability Wavier constitute the entire agreement with respect to the subject matter referenced herein. Each Party specifically disclaims reliance on any promise, condition, representation, warranty, statement, communication or undertaking not expressly set forth herein.
Client Initials Date
BY SIGNING BELOW, YOU REPRESENT THAT YOU HAVE READ AND AGREE TO THE FOREGOING PROVISIONS OF THIS ASSUMPTION OF RISK AND LIABILITY WAIVER, YOU AGREE TO BE BOUND BY THEM, YOU ASSUME ALL RISKS ASSOCIATED WITH PHYSICAL FITNESS ACTIVITIES, INCLUDING BUT NOT LIMITED TO WEIGHT TRAINING, STRENGTH TRAINING, CARDIO TRAINING, FITNESS ADVISORY SERVICES, ALL LOCKER ROOM FACILITIES, AND ALL OTHER FACILITIES.
YOU HAVE BEEN INFORMED AND UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR ACTIONS WHILE PARTICIPATING IN HARDPRESSED’S PHYSICAL FITNESS SERVICES, AND THAT BY ENTERING INTO THIS AGREEMENT YOU WAIVE ANY CLAIMS AGAINST HARDPRESSED THAT MAY ARISE OUT OF OR RELATE TO ANY INJURY YOU MAY SUSTAIN AS A RESULT OF YOUR PARTICIPATION.
BY SIGNING BELOW, YOU REPRESENT THAT YOU HAVE READ AND AGREE TO THE FOREGOING PROVISIONS OF THESE TERMS AND CONDITIONS, YOU AGREE TO BE BOUND BY THEM, YOU ASSUME ALL RISKS ASSOCIATED WITH PHYSICAL FITNESS ACTIVITIES, INCLUDING BUT NOT LIMITED TO WEIGHT TRAINING, STRENGTH TRAINING, AND/OR CARDIO TRAINING, YOU AGREE TO THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, AND YOU ACKNOWLEDGE THAT YOUR PARTICIPATION IS PURELY VOLUNTARY.