Waiver and Release Liability
I understand and expressly agree that my use of the fitness training services Clava Fitness facility or any other fitness facility at which I obtain fitness training services involves the risk of injury to me or my guest whether caused by me or not. I understand that these risks can range from minor injuries to major injuries including death.
In consideration of my use of the services, facilities and equipment offered by Clava Fitness, I understand and voluntarily accept risk and agree that for myself, my heirs, executers, administrator, assigns, or personal representatives, I knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my use of the services, facilities and equipment offered by Clava Fitness (located 26923 Fuerte Drive, Lake Forest, CA, 92630) and do hereby release and forever discharge Clava Fitness its owners, officers, directors, affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns for any physical or psychological injury, including but not limited to illness, paralysis, and death, any other damages including economical or emotional loss to me, my spouse, my domestic partners, my guests, my unborn child or my relatives, resulting from the my use of Clava Fitness services, facilities and equipment. To the extent permitted by law, this release is also for any negligent, reckless, or intentional conduct on the part of Clava Fitness.
I agree to indemnify and hold harmless Clava Fitness against any and all claims, suits or actions of any kind whatsoever for liability , damages, compensation or otherwise brought by me or anyone on my behalf, including my attorneys’ fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Clava Fitness incurs any of these types of expenses, I agree to reimburse Clava Fitness.
I ACKNOWLEDGE THAT FITNESS SERVICES MAY INVOLVE A TEST OF A PERON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but not limited to, those causes by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to participants, volunteers, spectators and coaches.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE CLAVA FITNESS FORM AND AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINS CLAVA FITNESS FOR PERSONAL INJURY OR PROPERTY DAMAGE.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any terms, conditions, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and shall be deemed to be written, construed and enforced as so limited.
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement, I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.
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Document Name: Waiver and Release Liability
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