EXHIBIT A
WAIVER OF LIABILITY, COVENANT NOT TO SUE, AND AGREEMENT TO RELEASE UPROAR STRENGTH LLC FROM LIABILITY
This agreement is made by and between Uproar Strength LLC, a New Hampshire limited liability company (the “Club”), the Member who has signed the signature page to this agreement (“Member”) and, if Member is under the age of eighteen (18), also by the Member’s parent or legal guardian(s) who have signed the signature page to this agreement (hereinafter “Parent(s)/Guardian(s)”).
WHEREAS, the Club operates a Health Club with services including group exercise classes and personal training (the “Services and Programs”), and;
WHEREAS, Member desires to participate in the services offered by the Club to obtain benefits provided through said services:
NOW THEREFORE, in consideration of the mutual promises contained herein, the agreement of Member and/or Parent(s)/Guardian(s) to pay the Club for the right to participate in its services and the Club’s agreement to permit Member to participate in its services in exchange for such payment – the receipt and adequacy of which is hereby unconditionally acknowledged – the parties hereto, intending to be legally bound, agree as follows:
1. Member and Parent(s)/Guardian(s) (for and on behalf of Member) hereby represent to the Club that Member is in good health, and that neither Member nor Parent(s)/Guardian(s) have any knowledge of any physical or mental disability, communicable disease, injury (including head injuries, concussions and fainting spells), condition (including pregnancy), or problem which might prevent full participation by Member in the Services and Programs in which the Member is enrolling. Member and Parent(s)/Guardian(s) (for and on behalf of Member) further represent that Member and/or Parent(s)/Guardian(s) will immediately inform the Club of any such disability, disease, injury, condition, or problem as may arise at any time in the future while the Member is enrolled in any Club service or program.
2. Member and Parent(s)/Guardian(s) (for and on behalf of Member) acknowledge that there are certain risks and dangers inherent in Member’s participation in any of the Services and Programs offered by the Club, including, but not limited to, property damage, serious physical injury, including head injuries, paralysis, permanent partial or total disability, or even death. Participation includes observing others participate in the Services and Programs, waiting to participate in the Services and Programs, and preparing to participate in the Services and Programs. Member and Parent(s)/Guardian(s) (for and on behalf of Member) hereby release the Club, its members, managers, employees, officers and agents from all liability which may arise from Member’s
participation in (i) the Club’s services, and/or out of (ii) the Club’s performance of this
Agreement. This release is meant to be all encompassing, and is to be construed broadly to cover all risks, whether those risks are foreseeable or not.
3. Member and Parent(s)/Guardian(s) (for and on behalf of Member) accept and understand that participation in the services may expose Member to a risk of various personal and bodily injury, death, and other risks of injury that may be caused by the nature of the services in which Member will participate. With full knowledge of these risks (both known and unknown), Member and Parent(s)/Guardian(s) (for and on behalf of Member) hereby release, waive, discharge, and covenant not to sue the Club and to accept full responsibility for any and all injuries (including death), loss, or property damage, arising during, after, or on account of, Member’s participation in the Services and Programs, and Member and Parent(s)/Guardian(s) (for and on behalf of Member) do hereby release the Club from any and all loss or damage, and any and all claims or demands therefore on account of injury to the person or other damage whether caused by the negligence of the Club, its members, managers, agents, and/or employees or otherwise on account of the Services and Programs in which the Member is participating.
4. Member and Parent(s)/Guardian(s) hereby agree to indemnify and to save and hold harmless the Club from any loss, liability, damage, or costs Member and/or Parent(s)/Guardian(s) may incur due to Member’s participation in the Services and Programs whether caused by the negligence of the Club, its members, managers, agents, and/or employees or otherwise suffered on account of Member’s participation in the services.
5. By executing this Agreement, Member and Parent(s)/Guardian(s) (for and on behalf of Member) hereby accept and assume the risk of any negligence on the part of and any harm caused by the Club and its members, managers, agents, and/or employees and further release the Club for any personal or bodily injuries or property damage sustained during the court of the Services and Programs or as a result of participation in the Services and Programs.
THIS AGREEMENT IS AN IMPORTANT LEGAL DOCUMENT. BY SIGNING BELOW, MEMBER AND PARENT(S)/GUARDIAN(S) HEREBY ACKNOWLEDGE THAT HE/SHE/THEY HAS/HAVE THOROUGHLY READ AND FULLY UNDERSTAND ALL OF THE PROVISIONS CONTAINED HEREIN.
MEMBER AND PARENT(S)/GUARDIAN(S) FURTHER ACKNOWLEDGE THAT HE/SHE/THEY HAVE BEEN GIVEN THE OPPORTUNITY TO REVIEW THIS AGREEMENT WITH A LAWYER OF HIS/HER/THEIR CHOOSING BEFORE SIGNING IT.
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