Bailey/Zeus, LLC d/b/a,
"STATE OF FITNESS"
WAIVER AND RELEASE OF LIABILITY
READ FULLY AND CAREFULLY
In consideration of Bailey/Zeus, LLC, d/b/a “State of Fitness” and its owners, members, affiliates, employees, officers, representatives, independent contractors, subcontractors, and/or agents (collectively “State of Fitness”) allowing me, to utilize and/or participate in various health and physical fitness activities, among other things, offered by State of Fitness, including but not limited to: services, equipment, food, drinks, classes, and/or other instruction (collectively, the “Club Activities”), I, , on behalf of myself, my personal representatives, my heirs, and my assigns, agree to all of the following:
ACKNOWLEDGEMENT OF RISKS
I fully and completely understand and acknowledge that:
(a) risks, dangers, and hazards exist (foreseeable and unforeseeable) in my use of and/or participation in the Club Activities;
(b) my use of and/or participation in the Club Activities may result in injury, illness, or other harm to me including but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, eye injury, blindness, heat stroke, heart attack, death and/or other ailments that could cause serious disability (collectively, the "Injuries");
(c) these risks, dangers, hazards and Injuries may be caused by or arise from:
(i) acts, omissions, or negligence (including gross negligence) of State of Fitness,
(ii) acts, omissions, or negligence of other users of or participants in the Club Activities,
(iii) acts, omissions, or negligence of others, and/or
(iv) accidents, breaches of contract, forces of nature, or other foreseeable and/or unforeseeable causes of any nature whatsoever; and
(d) by my use of and/or participation in the Club Activities, I am fully aware of and acknowledge the existence of all such risks, dangers, hazards, and Injuries, foreseeable and unforeseeable, enumerated and unremunerated, and outlined in (a) through (c) above (collectively, the "Risks") and have voluntarily agreed to participate in the Club Activities in spite of all such Risks.
ACCEPTANCE/ASSUMPTION OF RISK AND RESPONSIBILITY
I hereby voluntarily and unconditionally assume and/or accept any and all Risks that are related in any way whatsoever to (or are in any way connected with) my use of and/or participation in the Club Activities. I further voluntarily and unconditionally assume and/or accept all responsibility, of any form, type, or nature (e.g., monetary, non-monetary, legal, equitable, etc.) for any and all losses and/or damages that I may suffer that are related in any way whatsoever to (or are in any way connected or associated with) the Risks and my use of and/or participation in the Club Activities (collectively, the “Responsibilities”). My unconditional voluntary acceptance and assumption of the Risks and Responsibilities shall apply without limitation regardless of whether any losses and/or damages I may suffer are caused in whole or in part by the negligent acts, omissions, or other conduct of State of Fitness, or by any other person.
WAIVER, RELEASE, INDEMNITY, AND HOLD HARMLESS
I hereby voluntarily and unconditionally agree to release, waive, discharge, indemnify, and otherwise hold State of Fitness harmless from and against any and all liabilities, claims (including but not limited to claims for contribution or indemnification), demands, actions or rights of action, losses, damages, and/or defenses (including, without limitation, attorney’s fees incurred by State of Fitness as a result) (collectively, the "Claims") that are related in any way whatsoever to (or are in any way connected or associated with) my use of and/or participation in the Club Activities (collectively, the "Release"). My voluntary and unconditional Release shall also include, but is not limited to, any and all Claims that are related in any way whatsoever to (or are in any way connected or associated with) the Risks and/or Responsibilities (including but not limited to any and all Claims for bodily injury, property damage, wrongful death, loss of services, Injuries, or other loss/damage of any type or nature). I specifically understand that by executing this document and agreeing to this Release, I am releasing, waiving, discharging, indemnifying, and otherwise holding State of Fitness harmless from any and all Claims that I may presently or in the future have as a result of (or arising out of) the Club Activities, the Risks, the Responsibilities, and/or the negligent acts, omissions, or other acts (or failures to act) of State of Fitness. Nevertheless, it is my specific intent to Release Jackson State of Fitness from and against any and all Claims of any kind to the absolute maximum extent possible under Michigan law, and this paragraph, as well as the rest of this document, shall be interpreted (and reformed to reflect such intent if necessary) accordingly.
AGREEMENT TO ARBITRATE
Any controversy or claim arising out of or relating to this document, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial (or other) Arbitration Rules (including the Optional Rules for Emergency Measures of Protection), and a judgment of any circuit court (or similar court with jurisdiction) may be rendered upon the award made pursuant to this agreement to arbitrate.
It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this document shall be enforceable to the fullest extent permitted by law. If any such word, term, provision, covenant, or remedy of this Agreement or other application thereof to any person or circumstance shall, to any extent, be rendered invalid or unenforceable in whole or in part by a court or agency of competent jurisdiction, ,then such word, term, provision, covenant, or remedy shall be construed in a manner so as to permit its enforceability under the applicable law to the fullest extent permitted by law. In any case, the remaining provisions of this Agreement or the application thereof to any person or circumstance other than those to which they have been held invalid or unenforceable, shall remain in full force and effect.
All agreements, understandings, and representations of any kind by and/or between the parties are embodied and expressed herein, and the terms hereof are contractual and not a mere recital. There are no other agreements, understandings, representations, inducements, and/or undertakings of any kind except as expressly set forth herein. All prior and contemporaneous negotiations and agreements between the parties on the matters contained in this document (if any) are expressly merged into and superseded by this document. In agreeing to sign, execute, and be bound by the terms and conditions of this document, I have not relied upon, and specifically disavow reliance on, any statement, representation, warranty, or agreement of State Of Fitness except for those expressly contained in this document. There are no conditions precedent to the effectiveness of this document.
I hereby authorize State of Fitness to publish photographs of me taken during sessions for use in State of Fitness' printed publications and website.
I acknowledge that since my participation in publications and websites produced by State of Fitness is voluntary, I will receive no financial compensation.
I further agree that my participation in any publication and website produced by State of Fitness confers upon me no rights of ownership whatsoever. I release State of Fitness, its contractors and its employees from liability for any claims by me or any third party in connection with my participation.
EFFECT OF SIGNATURE
MY SIGNATURE BELOW INDICATES THAT:
(1) I HAVE READ THIS ENTIRE DOCUMENT AND THAT I UNDERSTAND IT IN ITS ENTIRETY;
(2) I HAVE BEEN GIVEN THE OPPORTUNITY TO REVIEW THIS DOCUMENT WITH AN ATTORNEY OF MY CHOOSING;
(3) I UNDERSTAND THAT I AM WAIVING AND RELEASING SIGNIFICANT AND IMPORTANT RIGHTS HEREUNDER; AND
(4) IT IS MY INTENTION TO EXEMPT AND RELIEVE STATE OF FITNESS FROM LIABILITY, CLAIMS, RISKS, RESPONSIBILITIES, INJURIES, ETC. AS DETAILED IN THIS DOCUMENT.
PARENT/GUARDIAN, BY SIGNING BELOW, YOU ARE ALSO AGREEING TO ALL OF THE ABOVE, BY AND ON BEHALF OF THE MINOR CHILD IDENTIFIED BELOW, BY AND ON BEHALF OF ANY OTHER PARENTS/GUARDIANS, PERSONAL REPRESENTATIVES, HEIRS, AND/OR ASSIGNS OF SAID MINOR CHILD, AND BY AND ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES, YOUR HEIRS, AND YOUR ASSIGNS. FURTHERMORE, THE WORD “I,” “ME,” OR “MY” (OR ANY DERIVATIVE THEREOF) WHERE IT APPEARS IN THIS DOCUMENT ABOVE, SHALL INCLUDE, AS PART OF ITS DEFINITION, YOU, THE MINOR CHILD IDENTIFIED BELOW, ANY OTHER PARENTS/GUARDIANS OF SAID MINOR CHILD, AND THE PERSONAL REPRESENTATIVES, HEIRS, AND/OR ASSIGNS OF ALL OF THE SAME.