Waiver and Release of Liability

 

I, the undersigned, know that participating in the Optimum Fitness Services including without limitation, the Personal Training Fitness Programs, Fitness Classes, Outdoor BootcCamps, TPI Golf Analysis, Nutritional Analysis and Lifestyle Counseling, Lectures, Corporate Weight Loss Competitions and Injury Prevention and Exercise Safety Programs (the "Event") is a potentially hazardous event and I choose to do this out of my own free will and choice. In choosing to do this, I fully accept and assume all risks, whether before, during or after the event and its related events. These include, without limitation, risks of physical injury, mental injury, emotional distress, trauma, death, contact with other participants, equipment failure, inadequate safety equipment, the effects of weather including extreme temperature or conditions, and participating in events before, during, and after the Event. All risks are known and appreciated by me. I waive any and all specific notice of the existence of the risks. I shall assume and pay my medical and emergency expenses in the event of injury, illness, or other incapacity regardless of whether I authorized such expense.

 

I realize that participating in all aspects of this event that the Event requires physical conditioning and I represent that I am in sound medical condition capable of participating in the Event without risk to myself or others. I have no medical impediment which would endanger myself or others. I understand and agree that a situation may arise during any part of the Event which may be beyond the control of the sponsors, promoters or organizers. I will be solely responsible for the condition and adequacy of my equipment. I will participate safely within the limits of my own abilities and in a manner so as not to endanger either myself or others.

 

Knowing these facts, I for myself and anyone acting on my behalf release, waive discharge, covenant not to sue and agree to hold Optimum Fitness, Inc., officers, directors, employees, representatives, agents, trainers, insurers, insurance brokers harmless from any and all claims, demands and actions of any and every kind I have, may have or may hereafter accrue against the released parties directly or indirectly arising out of or relating in any respect to my attending or participating in all aspects of this Event. My waiver and release of all claims, demands, actions and liability shall include without limitation, any injury, damage or loss to my person or property which may be (a) caused by any act, or failure to act, by the above identified persons and entities or (b) sustained by me before, during or after being involved in the Event and its related events.

I further agree to indemnify and hold the parties released above harmless from any and all losses, damages, claims and expenses, including attorneys’ fees, arising from or relating in any respect to my participation in the Event or its related events or my breach of this agreement. If I am a minor, my parents or guardian also is signing on my behalf, and we both agree to be bound by the terms of this agreement, waiver and release.

 

I, the undersigned, voluntarily authorize Optimum Fitness, Inc. and its employees and agents to take and use photographs, videotape recordings and other visual and/or audio recordings in which I may be included in whole or in part.

I, the undersigned, voluntarily consent to the company to release and show the materials as it deems appropriate for internal and external communication including, but not limited to the following:

 

  • Corporate intranet accessible by employees only

  • Corporate internet accessible via the World Wide Web to anyone

  • Social Media outlets accessible via the World Wide Web to anyone

  • Printed employee newsletter

  • Printed Client/customer newsletter

 

I grant this authorization and give my consent as a voluntary contribution. Therefore, I waive the following: (1) any proprietary rights in the materials; and (2) any right I may have to inspect or approve the finished materials prior to publication.

I release the company and its employees and agents from any claims arising from the use of such materials.