and on his/her behalf, I agree and acknowledge that I am entering into an agreement with Next Level Gym. LLC for fitness, wellness, personal training, and/or exercise services, whether engaged in exercise with a trainer or individually, group, including but not limited to fitness, dance, exercise wellness, weight lifting, parkour training, and/or training machines (hereinafter referred to as “Program”). In consideration thereof, I acknowledge and agree that all of the above physical activities are vigorous, physically strenuous, dynamic and challenging activities and could be potentially hazardous to the health of my child, and are inherently dangerous activities, which could cause injury, including but not limited to, serious bodily injury, permanent disability, paralysis or death, which may be caused from my actions or inactions, the actions or inactions of others or the condition of the facility in which the activity is conducted; I understand there may be other risks or other social or economic losses for either not known to me or readily foreseeable at this time. NEXT LEVEL GYM, LLC endeavors to maintain all its equipment in proper working order, however equipment may break, or be faulty in a manner that is unknown to NEXT LEVEL GYM, LLC, and injury may result in injury. ON BEHALF OF MY CHILD, I FULLY ACCEPT ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS AND/OR DAMAGES incurred as a result of my CHILD’S participation in any or all of the activities of Next Level Gym, LLC. I further certify that I have consulted with my child’s physician and my child’s physician has released my child to participate in personal training, exercise activities, weight lifting or training on machines. NEXT LEVEL GYM, LLC endeavors to maintain all its equipment in proper working order, however equipment may break, or be faulty in a manner that is unknown to NEXT LEVEL GYM, LLC, and injury may result to my child.
I further certify and acknowledge that that I am voluntarily allowing my child to participate in the Program with knowledge of the danger involved. I hereby voluntarily agree to accept and assume all risks of personal injury by my child’s participation in this Program. Further, I RELEASE AND FOREVER DISCHARGE, COVENANT NOT TO SUE AND AGREE NOT TO HOLD Next Level Gym, LLC, its officers, board of directors, members, manager, and or employees, lessors of the premises, including any participants, volunteers and outside resource persons who participate as leaders or volunteers in the Program, (hereinafter referred to as Releasees), from any and all manner of liability, claims, causes of action, demands, losses or damages or death caused or alleged, in whole or in part to be caused by any act or omission of the Releasees in connection with the activities of my child described above, whether or not caused in whole or in part by the negligence of any Releasee, including rescue operations, and further agree that if, despite this release, I or anyone on behalf of my child makes a claim against any Releasee, I will indemnify, save, and hold harmless each of the Releasees from nay litigation expenses, attorney fees, loss liability, damage or cost as may occur as a result of such claim.
I further certify and acknowledge that Nest Level Gym, LLC its employees, officers, members, manager, and/or board of directors do not assume any liability or responsibility arising out of providing or failing to provide any professional health care services.
I consent to the use of my image in photographs, motions pictures or recordings taken at the gym for use in gym advertising, marketing or promotion. I assign all rights, title and interest in any and all photographs, motion pictures recording or other records of the activity at the gym I make take or capture to NLG. NLG grants to me a limited, non-exclusive, perpetual right and licensee to use, for non-commercial purposes only, any and all photographs, motion pictures, recordings, or other records of the gym that I may take or capture.
I further certify and acknowledge that Next Level Gym, LLC its employees, officers, members, managers, and/or board of directors are not responsible for my child’s personal property that he/she may bring into the facility. I hereby hold Next Level Gym, LLC, harmless from any liability for the theft, loss, and/or destruction of any personal property.
This Release and Waiver of Liability is an addition to and does not revoke or modify any other agreement or release, which I may execute which may be related to the Program.
