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Upon signing this Agreement and forever thereafter, you (Buyer, each member and all guests) agree that if you engage in any physical exercise or activity, use the facility, and are present on the premises, you do so at your own risk and assume the risk of any and all injury and/or damage you might sustain, regardless of whether such injury or damage arises out of or during physical exercise. Your assumption of risk includes but is not limited to your use of any exercise equipment (mechanical or otherwise), the bathroom, sidewalk, parking lot, lobby area, or any other part or item in or around the facility. You agree to assume the risk of your participation in any activity, class, program, instruction, or facility sponsored event. You agree that you are voluntarily participating in the aforementioned activities and assume all risk, known and unknown, associated with using the facility, equipment and premises including, without limitation, any loss of theft of any personal property. You agree on behalf of yourself (and your spouse, all your, children, personal representatives, heirs, executors, administrators, agents, and assigns) to forever release and discharge facility and our owners, employees agents, representatives, affiliates, successors, and assigns from any and all claims or causes of action (known and unknown) arising out of the negligence of facility, whether active or passive or that of any of its affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitations, injuries which may occur as a result of (a) your use of any exercise equipment or facilities, (c) Studio’s negligent instruction or supervision, including personal training, and (d) you slipping and falling while in the facility or any portion of the premises for any reason, including Studio’s negligent inspection or maintenance of its facility. By executing this Agreement, you hereby agree to indemnify and hold harmless Studio of any loss, liability, damage, or cost Studio may incur due to your presence at the Studio facility. You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the law of the state in which this agreement is entered into, and that if any portion of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This release is not intended as an attempt release of claims of gross negligence or intentional acts. You acknowledge or intentional acts. You acknowledge that the Studio is designed to and does offer a service to its members encompassing the entire fitness spectrum. The Studio is not in the business of selling, leasing or otherwise placing into the stream of commerce weight lifting equipment, exercise equipment, or other such products, and the use of any such items is incidental to the service provided by the Studio. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. YOU ARE AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST STUDIO FOR ITS NEGLICENGE, OR FOR ANY DEFECTIVE PRODUCT ON IT PRESMISES. YOU HAVE READ AND VOLUNTARILY SIGNED THE WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESNTATIONS STATEMENTSM OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAS BEEN MADE. YOU AGREE, FOR YOURSELF AND YOUR SPOUSE, CHILDREN, SUCCESSORS, HEIRS AND ASSIGNS, THAT THE ABOVE REPRESENTATIONS ARE CONTRACTUALLY BINDING, AND ARE NOT MERE RECITALS, AND THAT SHOULD YOU OR YOUR SUCESSORS ASSERT ANY CLAIMS IN CONTRAVENTION OF THIS AGREEMENT, THE ASSERTING PARTY SHALL BE LIABLE FOR THE EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) INCURRED BY THE OTHER PARTY OR PARTIES IN DEFENDING AGAINST ANY SUCH ACTION.
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