Activity Liability Release Agreement
NOTICE: It is wise to seek your doctor's advice before beginning any health/fitness/nutrition program!
I am voluntarily participating in an athletic activity with BodyCore (company) and the staff employed by the company with full knowledge and understanding and appreciation of the risks of injury inherent in any physical exercise, massage or therapy program, physical activity or athletic activity and expressly assume all risks of injury and even death which could occur by reason of my participation. I release company and trainer(s) from any liability and agree not to sue company or trainer(s) with respect to any cause of action for bodily injury, property damage, or death occurring to me as a result of my participation in the activity.
In consideration of the use of the property, facilities, services, programs, activities and events provided by company in California and any location, including travel related thereto, the undersigned agrees as follows:
1. RISK FACTORS. The undersigned understands and acknowledges that the use of equipment and facilities provided by company, and participation in Fitness Programs, Physical Sports, Weight and Cardiovascular training, Triathlon training, Adventures, and any other programs and services provided or sponsored by company, and related travel, involves risk such as, but not limited to, the following which might result from the emergency medical care: RISK OF PROPERTY DAMAGE, BODILY INJURY including, but not limited to, shin splints, knee injuries, back injuries, muscle strains, sprains, broken bones, skin rash, stroke, heart failure, dehydration, AND POSSIBLY DEATH.
2. ASSUMPTION OF THE RISK. The undersigned ASSUMES ALL RISKS WHICH ARE FARESEEABLE AND INVOLVED WITH OR ARISED OUT OF THE USE OF EQUIPMENT OF FACILITIES, THE ACTIVITY ITSELF, THE ACTS OF OTHERS, OR THE UNAVAILABILITY OF EMERGENCY CARE, including, but not limited to, those RISK FACTORS described in section 1 above.
3. PREREQUISITE SKILLS AND TRAINING. The undersigned acknowledges that he or she has the requisite skills, qualifications, physical ability and training necessary to properly and safely use the equipment and facilities and to participate in the activity itself. The undersigned agrees that if he or she has any questions as to what skills, qualifications, or training is necessary to properly use the equipment, facilities, or participate in any class activity, then he or she shall direct such questions to the appropriate trainer on site.
4. RELEASE. The undersigned RELEASES company and agrees NOT TO SUE company and/or any of the company staff on account of any of the activity, including those based on death, bodily injury or property damage whether or not caused by the negligence or other fault of the parties being released.
5. WAIVER. The undersigned waives the protection afforded by any statute or law in any jurisdiction including CALIFORNIA CODE 1542 whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know of suspect to exist at the time of executing the release. This means, in part, that the undersigned is releasing unknown future claims.
6. REFUNDS/CREDITS: All payments are final and no refunds will be given. Credits for any unused session or portion of a session will not be given.
I also understand all personal property brought to exercise location (OUTDOOR or otherwise) is brought at my sole risk as to theft, damage or loss.