LIABILITY WAIVER, CONSENT AND ASSUMPTION OF RISK
I am aware that there are risks associated with participating in fitness activities and exercise at Stax Cycle Club Inc. ("Stax Cycle Club"). My participation is completely voluntary, and I freely accept and fully assume all responsibility for all risks, and all possibilities of personal injury, death, property damage or loss to myself or any other person as a result of my participation in fitness activities at Stax Cycle Club.
I, on my own behalf and on behalf of my heirs, personal representatives, next of kin, executors, administrators and assigns understand and agree with Stax Cycle Club:
(a) to waive all claims, known or unknown, that I have or may have in the future against Stax Cycle Club and its shareholders, officers, directors, agents, employees, volunteers, business operators, independent contractors and site property owners or lessees (collectively, the "Stax Agents");
(b) that Stax Cycle Club is not liable or responsible for any damage to, loss or theft of my personal property that occurs at a facility or premises owned or operated by Stax Cycle Club;
(c) to release and forever discharge Stax Cycle Club and the Stax Agents from all liabilities, damages or losses suffered by me for any personal injury, death, property damage or loss resulting from my participation in fitness activities at Stax Cycle Club due to any cause, including but not limited to negligence by Stax Cycle Club or the Stax Agents (ie. failure to use such care as a reasonably prudent and careful person would use under similar circumstances), breach of any duty imposed by law by Stax Cycle Club or the Stax Agents, breach of contract or mistake in error of judgment by Stax Cycle Club or the Stax Agents;
(d) to be liable for and to hold harmless and indemnify Stax Cycle Club and the Stax Agents from all actions, proceedings, claims, damages, losses, liabilities, costs, demands, including court costs on a solicitor and own client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with my participation in fitness activities at Stax Cycle Club;
(e) that I have been asked if I may be touched for instructional purposes and I agree to this instructional touching, or I have notified Stax Cycle Club that I have refused instructional touching; and
(f) that I understand that Stax Cycle Club is providing and maintaining an exercise/fitness program for me, however, this does not constitute an acknowledgment, representation or indication of my physiological well-being or a medical opinion by Stax Cycle Club or the Stax Agents.
I have carefully read this waiver which states that I assume all risks of injury. I understand that this waiver extends forever into the future and will have full force and legal effect each and every time I attend a fitness program or use fitness equipment at Stax Cycle Club.
Please consult your physician prior to starting an exercise or fitness program, and prior to using any fitness equipment at Stax Cycle Club.