Waiver of liability, indemnity agreement, and assumption of risk

Waiver: In consideration of using the services of Green Fitness (hereafter referred to as GF), on behalf
of myself, my heirs, personal representatives, or assigns, I do hereby release, waive, discharge, and
covenant not to sue GF, its owner, officers, employees, volunteers, and agents, from liability from any
and all claims arising from the ordinary negligence of GF or any of the aforementioned parties.
This agreement applies to 1) personal inury (including death) from accidents or illnesses arising
directly or indirectly from participation in activities directed, suggested, or planned by GF including,
but not limited to, organi!ed activities, classes, instruction, observation, related activities in a non"
supervised setting, and use of facilities, premises, or e#uipment$ and to %) any and all claims resulting
from the damage to, loss of, or theft of property.
Indemnification and Hold Harmless: I also agree to hold harmless and indemnify GF, its owner,
officers, employees, volunteers, agents, and insurance carriers from all claims (whether initiated by me
or by a third party) and to reimburse them for any e&penses incurred as a result of my involvement with
GF. I further agree to pay all e&penses, including court costs and attorneys' fees, incurred by GF and
the aforementioned parties in investigating and defending a claim or suit resulting from my
participation in any GF fitness and conditioning activities.
Severability and Venue: I further e&pressly agree that the foregoing waiver and assumption of ris(
agreement is intended to be as broad and inclusive as is permitted by the law of the )tate of Te&as and
that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue
in full legal force and effect. *i(ewise, I agree that if legal action is brought, it must be brought in the
+istrict ,ourt or the Federal ,ourt residing where the incident occurred.
Acknowledgment of nderstanding: I have read this waiver of liability and indemnification
agreement and fully understand its terms. I understand that I am giving u! substantial rights"
including my right to sue. I ac(nowledge that I am signing the agreement freely and voluntarily, and
intend my signature to be a com!lete and unconditional release of all liability for in#ury resulting
from ordinary negligence to the greatest e&tent allowed by law in the )tate of Te&as.
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Assum!tion of Inherent $isks: Fitness and conditioning activities, by their very nature, carry with
them certain inherent ris(s that cannot be eliminated regardless of the care the personal
trainer.coach.group leader ta(es to prevent inuries. The activities offered by GF provide for activities
such as weight lifting, wal(ing, ogging, running, stretching, (ic(bo&ing and other aerobic activities.
)ome of these involve strenuous e&ertions of strength using various muscle groups, some involve #uic(
movements involving speed and change of direction, and others involve sustained physical activity that
places stress on the cardiovascular system. In addition, many activities will involve e#uipment (e.g.,
barbells, free weights) and comple& machines (e.g., treadmills, stepping machines, stationary bicycles)
/ all of which have the potential of malfunctioning or causing inury. In addition, those who participate
in contact activities (e.g., (ic(bo&ing, (ung fu) will sometimes e&perience forceful contact with another
participant.
The specific ris(s vary from one activity to another, but in each activity the ris(s range from 1)
occasionally occurring minor inuries such as scratches, bruises, muscle strains, and sprains to %) rarely
occurring maor inuries such as ligament damage, bro(en bones, oint or bac( inuries, concussions,
and heart attac(s to 0) the very rare occurrence of catastrophic inuries including paralysis and death.
I have read the previous paragraphs and I (now the nature of the activities with GF, I understand the
demands of those activities relative to my physical condition and s(ill level, and I appreciate the types
of inuries that may occur as a result of activities made possible by GF. I hereby assert that my
participation is voluntary and that I (nowingly and willingly assume all such ris(s.
Acknowledgment of nderstanding: I have read this assumption of ris( and fully understand its
terms. I acknowledge that I am signing the agreement freely and voluntarily and intend my
signature to signify a com!lete assum!tion of the inherent risks in any ay associated with the
!ersonal training !rogram offered by GF to the greatest e&tent allowed by law in the )tate of Te&as.
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