LIFT TRAINING COLLECTIVE LLC (“LIFT”) Waiver, Photo Release and Indemnification

 

INFORMED CONSENT/ASSUMPTION OF RISK:

 

BUYER ACKNOWLEDGMENT AND ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF  LIFT, LLC BUYER ACKNOWLEDGES THESE PHYSICAL ACTIVITIES INVOLVES THE INHERENT RISK OF PHYSICAL INJURIES OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, PULLS OR TEARS, BROKEN BONES, SHIN SPLINTS, HEART PROSTRATION, KNEE/LOWER BACK/FOOT INJURIES AND ANY OTHER ILLNESS, SORENESS, OR INJURY HOWEVER CAUSED, OCCURRING DURING OR AFTER BUYER’S PARTICIPATION IN THE PHYSICAL ACTIVITIES. BUYER FURTHER ACKNOWLEDGES THAT SUCH RISKS INCLUDE, BUT ARE NOT LIMITED TO, INJURIES CAUSED BY THE NEGLIGENCE OF AN INSTRUCTOR OR OTHER PERSON, DEFECTIVE OR IMPROPERLY USED EQUIPMENT, OVER-EXERTION OF A BUYER, SLIP AND FALL BY BUYER, OR AN UNKNOWN HEALTH PROBLEM OF BUYER. BUYER AGREES TO ASSUME ALL RISK AND RESPONSIBILITY INVOLVED WITH PARTICIPATION IN THE PHYSICAL ACTIVITIES, BUYER AFFIRMS THAT BUYER IS IN GOOD PHYSICAL CONDITION AND DOES NOT SUFFER FROM ANY DISABILITY THAT WOULD PREVENT OR LIMIT PARTICIPATION IN THE PHYSICAL ACTIVITIES. BUYER ACKNOWLEDGES PARTICIPATION WILL BE PHYSICALLY AND MENTALLY CHALLENGING, AND BUYER AGREES THAT IT IS THE RESPONSIBILITY OF BUYER TO SEEK COMPETENT MEDICAL OR OTHER PROFESSIONAL ADVICE, REGARDING ANY CONCERNS OR QUESTIONS INVOLVED WITH THE ABILITY OF BUYER TO TAKE PART IN  LIFT, LLC PHYSICAL ACTIVITIES. BY SIGNING THIS AGREEMENT, BUYER ASSERTS THAT HE OR SHE IS CAPABLE OF PARTICIPATING IN THE PHYSICAL ACTIVITIES. BUYER AGREES TO ASSUME ALL RISK AND RESPONSIBILITY FOR NOT EXCEEDING HIS OR HER PHYSICAL LIMITS. 

 

INFORMED CONSENT/PHOTO & VIDEO RELEASE:

BUYER ACKNOWLEDGMENT GRANTING PERMISSION TO LIFT, LLC TO USE MY PHOTOGRAPHY/VIDEO IMAGE IN ANY AND ALL PUBLICATIONS RELATED TO THE USE OF FITNESS, INCLUDING WEBSITES,  SOCIAL MEDIA, PUBLICATIONS , WITHOUT PAYMENT OR ANY OTHER CONSIDERATION IN PERPETUITY.  I HEREBY AUTHORIZE LIFT, LLC TO EDIT , ALTER, COPY, EXHIBIT, PUBLISH OR DISTRIBUTE ALL PHOTOS AND IMAGES.  I WAIVE ANY RIGHT TO ROYALTIES OR OTHER COMPENSATION ARISING OR RELATED TO THE USE OF THE PHOTOGRAPHY OR VIDEO IMAGES. I HEREBY HOLD HARMLESS AND RELEASE AND FOREVER DISCHARGE LIFT, LLC FROM ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION WHICH I, MY HEIRS, REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, OR ANY OTHER PERSONS ACTING ON MY BEHALF OR ON BEHALF OF MY ESTATE WHICH MAY HAVE OR MAY HAVE BY REASON OF THIS AUTHORIZATION.

 

INFORMED CONSENT/INDEMNIFICATION: *

BUYER ACKNOWLEDGMENT THAT THERE IS A RISK WITH ANY FITNESS PROGRAM INCLUDING THE PROGRAMS AT LIFT, LLC.  THEREFORE I ACCEPT FINANCIAL RESPONSIBILITY FOR ANY INJURY THAT MAY CAUSE EITHER TO MYSELF  OR TO ANY OTHER PARTICIPANT DUE TO HIS/HER NEGLIGENCE. SHOULD THE ABOVE-MENTIONED PARTIES, OR ANYONE ACTING ON THEIR BEHALF, BE REQUIRED TO INCUR ATTORNEY’S FEES AND COST TO ENFORCE THIS AGREEMENT, I AGREE TO REIMBURSE THEM FOR SUCH FEES AND COSTS. I FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS LIFT, LLC THEIR PRINCIPALS, AGENTS, EMPLOYEES, AND VOLUNTEERS FROM LIABILITY FOR THE INJURY OR DEATH OF ANY PERSON(S) AND DAMAGE TO PROPERTY THAT MAY RESULT FROM MY NEGLIGENT OR INTENTIONAL ACT OF OMISSION WHILE PARTICIPATING IN ACTIVITIES OFFERED BY LIFT, LLC.

 

By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest, and I hereby fully and forever release and discharge LIFT, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities. 

 

I expressly agree to indemnify and hold LIFT harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest.

 

I agree to comply with all rules imposed by LIFT regarding the use of the facilities and equipment. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose. 

 

I understand and acknowledge that the use of exercise equipment involves risk of serious injury, including permanent disability and death. I understand and agree that LIFT is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises. 

 

I understand and agree that my use of the facilities and equipment is only to be undertaken on my own personal time, and that my use of the facilities and equipment is not within the course or scope of my employment. 

 

I HAVE READ THE FOREGOING WAIVER AND RELEASE OF LIABILITY AND VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT. 

 

Date:_____________________________ 

 

Signature: _________________________ 

 

Print Name: ________________________