Towpath Fitness is an intensive exercise regime. Towpath Fitness recommends that you consult with your physician prior to participating in any exercise program.

INFORMED CONSENT AND ASSUMPTION OF RISK

I agree to participate in one or more physical fitness program(s)/classes(s) sponsored or conducted by Towpath Fitness. Towpath Fitness has made me fully aware that the fitness programs/classes which Towpath Fitness offers and which I will participate are of a nature and kind that are extremely strenuous. I, the undersigned, recognize and understand that the programs/classes are not without varying degrees of risk which may include, but are not limited to, the following: serious injury or death due to negligence, on the part of myself, my training partner, or other people around me; injury to musculoskeletal and/or cardio respiratory systems, which can result in serious injury or death; serious injury or death due to improper use or failure of equipment; or serious injury or death due to a medical condition, whether known or unknown by me. I am aware that any of these above-mentioned risks may result in serious injury or death to me or my partner(s).

I willingly assume full responsibility for any and all risks that I am exposing myself to as a result of my participation in Towpath Fitness programs or classes and accept full responsibility for any injury or death that may result from participation in any activity, class, or physical fitness program sponsored or conducted by Towpath Fitness. Towpath Fitness informed me that there exists the possibility of adverse physical changes during an exercise program, and I fully understand the same. Towpath Fitness informed that these changes could include, at a minimum, abnormal blood pressure, fainting, disorder of heart rhythm, stroke, and in very rare instances, heart attack or even death, and I fully understand the same. With my full understanding of the above information, I agree to assume any and all risk associated with my participation in Towpath Fitness fitness program(s) and class(s).

Waiver

In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in the activities made available by Towpath Fitness, and with my full understanding of all of the above, I hereby waive, release, remise, and discharge Towpath Fitness and its agents, owners, officers, principals, employees and volunteers, of any and all liability, claims, demands, actions, or rights of action, or damages of any kind related to, arising from, or in any way connected with, my participation in Towpath Fitness program(s) or classes(s), including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.

Indemnification: I recognize that there is risk involved in the types of activities offered by Towpath Fitness. I, therefore, accept financial responsibility for any injury that I or the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney fees and cost to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Towpath Fitness, their principles, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by Towpath Fitness.

Photograph and Video Release: I grant to Towpath Fitness, its agents, officers, principals, employees, and volunteers to the rights of my image, likeness and sound of my voice as recorded on audio or video device for any lawful purpose without payment or other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. In the event I choose not to allow the use of the same for the said purpose; I agree that I must inform Towpath Fitness in writing of my choice.

I have fully read and fully understand the foregoing Informed Consent and Assumption of Risk, Waiver, Indemnification, and Photograph and Video Release. I understand that by signing this form I am obligated to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights. This Agreement shall be governed and interpreted by the laws of the State of Ohio. Both parties hereby unequivocally waive their right to a trial by jury and consent a bench trial and to the personal and exclusive jurisdiction of a court of competent jurisdiction located in Cuyahoga County, Ohio.