In consideration of the personal fitness trainer services to be provided to me by Original Strength Institute (hereinafter “OSI”), the undersigned hereby agrees and hereby warrants and represents unto OSI as follows:
I acknowledge and represent that I am healthy, that I have no medical physical or mental condition that would prevent me from engaging in vigorous physical exercise and that I have had a medical and physical examination recently conducted by a physician to verify the foregoing.
I acknowledge that utilizing a personal fitness trainer entails both known and unanticipated risks which could result in physical or emotional injury, paralysis, death or damage to me. The risks include, among other things: muscular strains and sprains, joint and other soft tissue injuries, broken bones, cardiovascular complications including heart attack and exhaustion.
I hereby voluntarily release and forever discharge OSI and its employees agents, shareholders, officers, directors, independent contractors, successors, assigns, and representatives (collectively the “Releasees”) from any and all claims, demands, actions and liabilities which arise out of or are related to (whether known or unknown) my past, present or future use of services presented by OSI or any activities conducted by me in connection there with, or my past, present or future use of any equipment or facilities provided to me at any time by OSI and/or any of the Releasees (collectively the “Activities”). I warrant, represent and covenant that I will not bring any legal action or proceeding against OSI or any of the Releasees on any claim or injury arising out of or related to any of the Activities or to this Agreement.
I hereby agree to indemnify and hold harmless OSS and OSI and each of the Releasees from any and all claims, demands, actions, liabilities and costs (including without limitation reasonable attorneys fees) which have been or may in the future be asserted by an person or entity with respect to any of the Activities identified in paragraph 2 above.
I agree to accept and assume all of the risks of injury which might arise from the Activities. My participation in these Activities is purely voluntary and I elect to participate in spite of the risks.
I warrant and represent that I have and will maintain adequate insurance to cover any injury or damage I may cause or suffer while participating in any of the Activities.
This Agreement shall be governed by the laws of the State of North Carolina and the courts of the State of North Carolina shall have personal jurisdiction over me for the prosecution of any action arising out of or related to this Agreement or any of the Activities and for the entry of any judgment thereon. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect and to the extent this Agreement shall be deemed to be severable.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT.
I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS KNOWINGLY AND VOLUNTARILY.