Waiver Agreement for Fight Club Livermore LLC, Tri-Valley OFC LLC, or Fight Club Pleasanton LLC and Fun Fit Kids, LLC
EXPRESS ASSUMPTION OF RISK AGREEMENT AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
I, the Member/Responsible Party, on my own behalf, and behalf of all others who are listed as Additional Members under this Membership Agreement, including my minor children, and my and their personal representatives, assigns, successors, heirs, and next of kin, (hereinafter collectively referred to as “the Releasors”), acknowledge and agree that the use of the facilities, services, equipment or premises of Tri-Valley OFC LLC, Fight Club Pleasanton LLC or Fight Club Livermore LLC (herein after referred to as the “Club”) by myself or any of the Releasors involves risk of injury to persons and property, and the Releasors assume full responsibility for such risks for myself/themselves. In consideration of being permitted to enter the Club’s facilities for any purpose, including, but not limited to, observation, use of facilities, services, or equipment, or participation in any way, the Releasors agree to the following: the Releasors are authorized to, and do hereby release and hold the Club, its directors, officers, parents, subsidiaries, employees, members, managers, independent contractors, and agents harmless from all liability to all the Releasors, and any of their personal representatives, assigns, heirs and next of kin for any loss or damage sustained by any of the Releasors. The Releasors hereby waive any claim or demands therefore based on, or on account of, any injury or death to any of the Releasors and property damages sustained by any of the Releasors, whether caused by the active or passive negligence of the Club or otherwise, while I, or any of the Releasors is in, upon, or about the Club’s premises, or while using the Club’s facilities, services, or equipment.
This release of liability includes, but is not limited to, claims based on the following: the Club’s improper maintenance of its equipment (mechanical or otherwise), grounds or facilities, the club’s negligent instruction or supervision, including personal training, or inadequate security or staffing, the Releasors’ use of the Club’s facilities, services, or equipment, and/or slipping or tripping anywhere in or about the Club. Such facilities include, but are not limited to: exercise equipment, exercise rooms, locker rooms, sidewalks, parking lots, stairs, pool, whirlpool, spa, sauna, steam room, tennis/racquet courts, or lobby area. Such risk of injury includes, but is not limited to injuries arising from the participation by myself or any of the Releasors, or others in supervised or unsupervised activities at the Club, injuries and medical disorders, including, but not limited to death, heart attacks, strokes, heat stress, sprains, broken bones, and injured muscles and ligaments, among others, arising from exercising, any recreational use of any of the Club’s facilities, or otherwise, or while participating in any of the Club’s programs, classes, or activities, and accidental injuries occurring anywhere in or about the Club, including its dressing rooms, showers and other facilities.
I also agree to indemnify and hold the Club harmless from any loss, liability, damage or cost that the Club may incur due to my presence or the presence of any of the Releasors in, upon, or about the Club’s premises or in any way observing or using any of the Club’s facilities, services or equipment, whether caused by my negligence or otherwise. I further expressly agree that the foregoing Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement is intended to be as broad and as inclusive as permitted by the law of the state of California, and that if any portion of the foregoing Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement is held invalid, then it is agreed that the remainder of this Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement shall continue in full force and effect.
I acknowledge that I have carefully read this Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement and fully understand that it is a release of liability, and express assumption of risk and indemnity agreement. I am aware and agree that by executing this Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement, I, and all of the Releasors are giving up any rights I or any and all of the Releasors may have to bring a legal action or assert a claim against the Club for its active or passive negligence, or for any defective product on its premises.
I represent that I have the actual authority to, and do hereby enter into this Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement on my behalf and as an authorized agent, or parent or legal guardian for all of the Releasors. I have read and voluntarily signed this Express Assumption of Risk Agreement and Release of Liability and Indemnity Agreement and I further agree that no oral representations, statements or inducement apart from the foregoing written agreement have been made to me.
Childcare Liability Waiver
I, the undersigned, hereby hold harmless, waive and release Fun Fit Kids LLC, Fight Club Livermore LLC, Joya Yoga and Cycle, and Tri-Valley OFC LLC, their child care staff, coaches, employees, volunteers, officers, representatives, agents, organizers, and successors from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with the participation of childcare, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. I understand that the childcare services are provided only while I am present in the building (to include Joya Yoga and Cycle only NOT Steam House Café) and taking class. I understand that if my child becomes inconsolable during the class session, I am responsible to leave class and attend to my child. I understand that children are not allowed in the gym workout area at any time.
I have read and understand the foregoing assumption of risk, and release of liability and I understand that by my signature below obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by the above mentioned parties negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.