I acknowledge and agree that use of facilities and services of the Club may result in theft, loss or
damage to personal property, personal injury, or death, including that caused by the negligence
of the Club or its Agents. I acknowledge that my participation and/or presence in the Club is
voluntary and hereby agree to assume these risks, known and unknown, in their entirety regardless
of the cause and/or whether such injury and damage arises out of, or during, physical exercise. I
understand that each person (myself included) has a different capacity for participating in such
activities and services as those provided by the Club. I represent that I am in good health and
suffer from no physical or medical impairment that would limit my use of the facilities, activities
and services. I acknowledge that I have either had a physical examination and have been given
a physician’s permission to participate in the activities and services, or that I have decided to
participate in these activities and services without the approval of my physician. I represent any
personal items which I bring in to the gym are in sufficiently good condition for their intended use
at the Club. Should I experience any health-related symptom, I agree to immediately cease the use of
the facilities, activities and services. I agree that my assumption of risk includes, without limitation,
my use of any exercise equipment (mechanical or otherwise), the locker rooms, sidewalks, parking
lots, stairs, pool areas, whirlpools, hot tubs, saunas, steam rooms, lobby areas, or the receipt of
any services offered by the Club. I agree to assume the risk of presence on the premises and/
or participation in any activity, class, program, instruction or Club-sponsored event, including
personal injury or death resulting from the negligence of the Club or its employees. I agree on
behalf of myself and all my personal representatives, heirs, executors, administrators, agents,
and assigns, to forever release and discharge Club, and their employees, agents, representatives,
successors, and assigns from any and all claims or causes of action (known or unknown) arising
out of the negligence of Club, whether active or passive, or that of any of its affiliates, employees,
agents, representatives, successors, and assigns. This waiver and release of liability include, without
limitation, injuries which may occur as a result of: (a) my use of any exercise equipment or facilities
which may malfunction or break; (b) Club’s improper maintenance of any exercise equipment or
facilities; (c) Club’s negligent instruction or supervision, including personal training; contracting a
virus or disease; and (e) my slipping and falling while on the facility or any portion of the premises
for any reason, including Club’s negligent inspection or maintenance of its facility. I acknowledge
that the Club is designed to and does offer a service to its members encompassing the entire fitness
spectrum. The Club are not in the business of selling weight lifting equipment, exercise equipment,
or other such products to the public, and the use of such items is incidental to the service provided
by the Club. I acknowledge and agree that the Club does not place such items into the stream
of commerce. By being on the Club premises or attending or participating in any Club activity,
whether on or off the premises, I consent to being filmed, audio recorded and/or video recorded
and to the use of any photographs, pictures, film, audio or videotape taken of me or provided by me
for publicity, marketing, advertising, promotion, television, or any other use, and expressly waive
any right of privacy, compensation, copyright or other ownership right connected to same. This
provision shall survive termination of the Agreement. *