RIPPIN FITNESS
RELEASE OF CLAIMS AND WAIVER OF LIABILITY
In Consideration of and as a condition of use, the undersigned (“Customer”) for himself/herself, his/her personal representatives, acknowledges, represents and agrees as follows:
1. The Customer hereby acknowledges and agrees as follows:
That he/she is duly aware of the risks and hazards inherent in participating in operating exercise equipment and hereby elects to participate and voluntarily assumes all risk of loss, danger or injury, including death, that may be sustained by him/her. The Customer further agrees and warrants that he/she will use the equipment in a safe manner. THE CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THEY ACKNOWLEDGE AND ACCEPT ALL RISK OF PHYSICAL HARM THAT MAY COME AS A RESULT OF PHYSICAL EXERCISE AND USE OF EQUIPMENT.
2. Release by Customer: Customer hereby releases, waives, and discharges all claims and potential claims against, and covenants not to sue Rippin Fitness, and each of their parent corporations, subsidiaries or affiliated entities and the respective officers, directors, shareholders, employees and agents of the foregoing (the “Released Parties”), from and against any and all claims, causes of action, damages, demands, liens, rights, controversies, losses, costs and expenses (including, but not limited to, attorneys’ fees and costs), or charges of whatsoever nature, whether known or unknown, developed or undeveloped, suspected or unsuspected, fixed or contingent, past, present or future, including, without limitation, wrongful death and bodily injury, any injuries to property, real or personal, whether or not liability is alleged to arise from NEGLIGENCE OR OTHER TORTIOUS CONDUCT of Released Parties, or any of them (“Claim” or “Claims”), with respect to any damages, injuries or losses of any kind to the injury to any other party arising in connection with the Customer’s use of equipment or facilities.
3. No Representations or Warranties by Released Parties. Customer acknowledges and agrees that no representation or warranty of any kind or nature whatsoever has been given to him/her regarding the condition of the equipment or any facilities. Customer agrees that the Released Parties shall not be liable for any alleged negligence pertaining to the condition of the equipment or any facilities.
4. Miscellaneous: Customer acknowledges that this waiver and release agreement and the releases contained herein are given in exchange for good and valuable consideration. Further, this agreement reflects the entire agreement, and no statements, promises or inducements made by Rippin Fitness or its/their respective directors, officers, employees, agents, and representatives that are not contained herein shall be valid or binding. If any provision in this agreement is held invalid or unenforceable, in whole or in part, by a court of competent jurisdiction, the remainder of the provisions or enforceable parts of this agreement shall not be affected, and shall be enforced to the fullest extent permitted by law. This agreement shall be governed by the laws of the state of Ohio. Ambiguities herein shall not be construed against the drafter. Customer further expressly agrees that the foregoing release and waiver is intended to be as broad and inclusive as is permitted by applicable law, and, if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I REPRESENT THAT I AM AT LEAST 18 YEARS OF AGE. I HAVE READ AND UNDERSTAND THIS WAIVER AND RELEASE AGREEMENT AND VOLUNTARILY SIGN IT, AND FURTHER ACKNOWLEDGE AND AGREE THAT NO OTHER ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS OR PROMISES HAVE BEEN MADE BY RIPPIN FITNESS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES THAT ARE NOT CONTAINED HEREIN, AND THAT NO SUCH FUTURE STATEMENTS SHALL BE VALID OR BINDING UNLESS MADE IN WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE.
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Customer’s Signature Date