ACKNOWLEDGMENT, ASSUMPTION OF RISK & WAIVER OF LIABILITY
Please carefully review and read ALL of the provisions of this form, which affects your legal rights.
I. RECITATION. This Agreement is a condition of your (hereinafter “Participant”) use of and/or access to Good Health Is A Habit, LLC’s (hereinafter “GHIAH”) services, facilities, equipment, and/or independent instructors and a Participant’s engagement or participation in various personal fitness services and/or activities provided by and/or at the GHIAH facility (collectively, the “Activities”). As used in this Agreement, “Participant” includes the adult participants and all accompanying minors with the adult Participant in the Activity. In consideration of GHIAH providing or furnishing services, equipment, guidance or instruction during the course of the Activities, the Participant agrees as follows:
II. ACKNOWLEDGMENT. The Participant fully acknowledges and understands that participating and engaging in any of the various Activities the Participant is subjecting him or herself to the risk and danger of injury to the musculoskeletal system (sprains, strains, tears or fractures), the cardiovascular or respiratory system (dizziness, discomfort in breathing, stroke or heart attack), fractures or other injuries or ailments that could cause serious injury, disability or death due to known or unknown health conditions. The Participant represents that he or she (or accompanying minor) is physically capable of listening and following instructions and participating in the various Activities. Participant further acknowledges that they have completed a Client Profile and have noted any health condition(s) or physical limitation(s) that may prevent or restrict a Participant from engaging in the Activities.
III. ASSUMPTION OF THE RISK. Participant further acknowledges and agrees that a Participant engaging in Activities and/or use of the facilities and/or equipment, assumes all risks and dangers and will be responsible for any and all personal injury or damage they may suffer, whether caused in whole or in part by the negligent acts or omissions of GHIAH, its members, officers, agents, independent instructors, employees or volunteers or any other participating person. These risks and dangers may arise from foreseeable or unforeseeable causes.
IV. WAIVER OF LIABILITY. THE PARTICIPANT, on behalf of THEMSELVES, and on behalf of THEIR SPOUSE OR children, parents, SIBLINGS, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby voluntarily agrees to release, waive, and discharge GHIAH and its owners, members, officers, agents, independent INSTRUCTORS, employees or volunteers from any and all NEGLIGENCE, liabilitY, claims, demands, PERSONAL injuries, damages, LOSSES, costs and expenses of any kind, including but not limited to, any claim for property damage, bodily or personal injury or death suffered resulting from or DIRECTLY OR INDIRECTLY relating to THE PARTICIPANT’S PARTICIPATION OR ENGAGEMENT in ACTIVITIES and whether caused by the negligence or fault of GHIAH or its owners, members, officers, agents, independent INSTRUCTORS, employees, volunteers or otherwise. THE PARTICIPANT specifically understandS that tHEy are releasing, discharging, and waiving any claims or actions that THEY may have, presently or in the future, for the negligent acts, omissions or other conduct by GHIAH, ITS ownerS, members, officers, agents, independent INSTRUCTORS, employees or volunteers.
V. COMPLETE AGREEMENT. This Agreement represents the complete understanding between the Participant and GHIAH regarding their participation in Activities and no other writing or oral representations, statements or inducements have been made separate and apart from this Agreement.
VI. CHOICE OF LAW. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Maine, exclusive of its choice of law principles and any action shall be exclusively filed in the state court venue of Oxford County, Maine.
VII. VOLUNTARY EXECUTION. Participant hereby warrants that they have read this agreement carefully (or have had it read to them); understand its terms and conditions; acknowledge that they will be giving up substantial legal rights by signing it; acknowledge that their signature serves as confirmation of their complete and unconditional acceptance of the terms, conditions and provisions of this Agreement and sign this agreement freely and voluntarily.
Contact us with an email stating that you agree to the terms. Thank you in advance!