Saturday Sweat featuring SWEAT440

Liability Waiver
Services and Policies Agreement between the undersigned participant and the SWEAT440 Parties

Agreement Terms

I, the undersigned participant, hereby request permission from the independently operated SWEAT440 Studios (the “Studios”), Brickhouse Athletics LLC, SWEAT440 Franchise Systems LLC, all respective affiliates, and all franchisees operating under the SWEAT440 brand (collectively referred to as “the SWEAT440 Parties”), to use any and all SWEAT440 facilities, equipment, and participate in any SWEAT440 programs or activities (collectively, the “Facilities”). Additionally, I acknowledge that all SWEAT440 Parties are released and waived parties under this agreement.

In consideration of being granted permission to use the Facilities, and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, I hereby acknowledge, agree, and represent as follows:

1. Health and Fitness: I represent that when I signed this Agreement and each time that I use the Facilities that I am in good health and have no disability, impairment, medical condition, illness, or health-related issues that would prevent me from engaging in exercise or using the Facilities. I assume full responsibility for my medical condition as it relates to engaging in exercise and using the Facilities. I have consulted with a physician and have not been instructed to refrain from using the Facilities or participating in any activities.

2. Insurance: I have adequate insurance (including health insurance) necessary to provide for and pay any and all medical costs that may directly or indirectly result from my use of the Facilities.

3. Assumption of Risk: I understand that my presence in the Facilities and my use of the Facilities involves risk of serious physical injury, among other risks. I hereby knowingly and freely assume all risk and responsibility for my presence at the Facilities including, but not limited to any and all personal bodily injury to me including death as well as any and all damage to my property in connection with my presence at and/or use of the Facilities. You must not use the Facilities if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other members and others

4. Release and Waiver: I understand and agree that if I enter the Facilities premise, engage in any physical exercise or use the Facilities or equipment on the premises, or engage in any other activity, I do so solely at my own risk and I assume all risks of any and all personal injury and/or property damage while I am at the Facilities, its parking lot and surrounding property associated with my presence at the Facility, my activity the Facility, and the activity of others at the Facility, including the actions and omissions of Facility employees and agents. I agree to assume all risks associated with my participation in any activity, class, program, instruction, or Facility-sponsored event and my presence on the Facilities’ property. My assumption of risk includes, without limitation, all personal injury associated with my use and any other person’s use of any exercise equipment (mechanical or otherwise), the locker room, lobby area, any other part of the Facilities, and/or use of the Facilities’ parking lot and surrounding property. My assumption of risk also includes any loss, damage, or theft of any personal property. I agree on behalf of myself (and all my personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge the SWEAT440 Parties, including the Studios and Sweat440 Franchise Systems, LLC (and their affiliates, employees, agents, representatives, successors, and assigns), from any and all claims or causes of action (known and unknown) arising out of the negligence of the SWEAT440 Parties, whether active or passive, or any of its affiliates, employees, agents, representative successors and assigns. This waiver and release of liability includes, without limitation, injuries which many occur as a result of (a) my use of any exercise equipment or Facilities that may malfunction or break, (b) any other persons’ use of any exercise equipment or use of the Facilities; (c) any of the SWEAT440 Parties’ improper maintenance of any exercise equipment or Facilities, (d) the SWEAT440 Parties’ negligent instruction or supervision, including personal training, and (d) me slipping and falling while on or near any portion of the premises for any reason, including the the SWEAT440 Parties’ negligent inspection or maintenance of its building, equipment, parking lot, surrounding property and/or any of Facilities. I further expressly agree that the foregoing release and waiver agreement is intended to be as broad and inclusive as possible and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

If any provision of this release and waiver of liability is held to be invalid or unenforceable to any extent in any context, it shall nevertheless be enforced to the fullest extent allowed by law in that and all other contexts, and the validity and force of the remainder of this release and waiver of liability shall not be affected thereby.

I have considered that if this waiver of liability was not as broad as it is, the cost for my use of the Facilities would be considerably higher, and as I do not wish to pay a considerably higher membership fee, I waive the right to bargain for different waiver of liability terms.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AGREEMENT. I AM AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, I AM GIVING UP MY RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST ANY OF THE SWEAT440 PARTIES, INCLUDING THE STUDIO AND SWEAT440 FRANCHISE SYSTEMS, LLC, FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS PREMISES. I HAVE READ AND VOLUNTARY SIGNED THIS WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.

5. Indemnity: I agree to indemnify and hold harmless the SWEAT440 Parties from and against any loss, damage, claim, suit, liability, demand, cost, and/or expense, including attorney’s fees and court costs, arising directly or indirectly out of my use of the Facilities and/or my breach of this Agreement; except for any claims arising solely out of the SWEAT440 Parties’ gross negligence or willful misconduct.

6. Personal Property: I assume full responsibility for any loss of or damage to my personal property which may occur at the Facilities. The SWEAT440 Parties shall not be liable for the loss, theft, or damage of any personal property located anywhere in the Facilities.

7. Supervision: I acknowledge that the SWEAT440 Parties may not provide any trainers or other supervision at or in connection with the Facilities. I agree to use the Facilities without any such supervision at my own risk.

8. No Warranties: I acknowledge that none of the SWEAT440 Parties have made any actual or implied representations or warranties regarding the condition or appropriate use of the Facilities.

9. Non-Transferability: This Agreement has been executed by me and may not be used by any other person for the purpose of using the Facilities.

10. Rules and Regulations: I have read and understood the Facilities rules and regulations and agree to abide by them and any amendments to them hereafter adopted. Any of the SWEAT440 Parties may suspend or revoke my right to use any of the Facilities upon determining that I have materially violated the Facilities rules and regulations or this Agreement.

11. Damage: I agree that the SWEAT440 Parties may repair, at my expense, all damage to the Facilities caused by me, and I agree to pay the SWEAT440 Parties on demand any amounts so expended.

12. Dispute Resolution: Any dispute or question concerning the use of the Facilities shall be resolved by the SWEAT440 Parties and their decision shall be binding upon me in all respects.

13. Scope of Liability: This Agreement covers any and all liability, claims, and actions caused entirely, or in part, by any and all acts or failures to act on my part, including but not limited to, negligence or mistake.

14. Binding Effect: This Agreement shall also bind my assigns, heirs, executors, administrators, beneficiaries, guardians, and next of kin.

15. Governing Law: This Agreement shall be governed by, construed, and enforced in accordance with the applicable state and local laws without giving effect to conflict of law principles.

16. Severability: If any term or provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws, the remainder of this Agreement shall remain in effect.

17. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements and understandings.

18. Continuing Effect: The provisions of this Agreement will continue in full force and effect even after the termination of my activities at the Facilities.

19. Media Release: I give consent to the SWEAT440 Parties to take and use photos, recordings, or film of me (and any accompanying minors) for promotional purposes. I understand such images may be published or broadcasted.

20. Acknowledgment: I have read and fully understand the terms of this Agreement, and I may have given up substantial rights by signing it. I sign it freely and voluntarily without any inducement. I have had an opportunity to consult counsel regarding this Agreement.

By signing this release, I confirm that I am over the age of 18 years old, an emancipated minor, or the legal guardian of a minor who is at least 15 years old.

I agree to subscribe to E+ROSE newsletters and communications and understand that I can unsubscribe at any time.