For Members of Kilos Strength and Performance
This document is a legally binding agreement. Please read it carefully before signing.
1. Parties and Acknowledgment
This Waiver and Release of Liability (hereinafter, the "Agreement") is entered into by and between Kilos Strength and Performance (hereinafter, the "Gym") and the undersigned member or participant (hereinafter, the "Member").
The Member hereby acknowledges that he/she has voluntarily chosen to participate in the fitness activities, classes, and services offered by the Gym, and to use the Gym's facilities, premises, and equipment.
2. Assumption of Risk
The Member understands and acknowledges that participation in fitness and physical training activities, including, but not limited to, the use of exercise equipment, free weights, resistance machines, and participation in group fitness classes, carries with it inherent risks of injury, illness, or death.
These risks include, but are not limited to:
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Musculoskeletal injuries (strains, sprains, fractures).
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Cardiovascular injuries (heart attacks, strokes).
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Accidents resulting from falls, dropping weights, or equipment malfunction.
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Injuries resulting from improper form or technique, whether self-taught or instructed.
The Member voluntarily assumes all risks of injury, illness, or death that may result from his/her participation in any activities on the Gym's premises or sponsored by the Gym.
3. Health and Medical Condition
The Member represents and warrants that he/she is in good physical health and has no medical condition, impairment, or disability that could prevent him/her from safely participating in the physical activities offered by the Gym or using the facilities.
The Member acknowledges that the Gym has not provided any medical advice and that he/she should consult with a physician before beginning any new exercise program.
4. Release and Waiver of Liability
The Member, on behalf of himself/herself and his/her heirs, assigns, personal representatives, and next of kin, HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the Gym, its owners, officers, directors, employees, agents, instructors, and volunteers (hereinafter, the "Releasees") from ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES arising out of the Member’s participation in activities or use of the facilities, EVEN IF CAUSED BY THE NEGLIGENCE OF THE RELEASEES.
This release covers:
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Any injury, illness, death, or property damage suffered while on the Gym's premises.
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Injuries caused by any equipment or facility malfunction, defect, or improper use.
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Injuries caused by the negligent instruction or supervision of the Gym's employees or agents.
5. Equipment Use
The Member agrees to use all equipment and facilities in a proper and safe manner and to follow all posted safety guidelines and instructions provided by the Gym staff. The Member agrees to immediately report any defective equipment or dangerous condition to a staff member.
6. Indemnification
The Member AGREES TO INDEMNIFY AND HOLD HARMLESS the Releasees from any loss, liability, damage, or cost, including attorney's fees, they may incur due to the Member's presence or participation in the Gym's activities, whether caused by the negligence of the Releasees or otherwise.
7. Severability
The Member agrees that if any portion of this Agreement is held to be invalid, the balance of the Agreement shall continue in full force and effect.
Member Acknowledgment and Signature
I have read this Waiver and Release of Liability, fully understand its terms, understand that I am giving up substantial rights, including my right to sue Kilos Strength and Performance and its staff, and I sign it freely and voluntarily without any inducement.