Waiver

BY CHECKING THE BOX BELOW AND SUBMITTING THIS FORM I ATTEST, CONTRACT, UNDERSTAND AND AGREE THAT THE NAME SUBMITTED TO BE LEGALLY BOUND BY ITS CONTENTS.  I hereby stipulate and agree as follows: 1. I, through the purchase of training sessions, have agreed to participate voluntarily in a program physical exercise, including, but not limited to, strength training, flexibility development, aerobic and cardiovascular exercise (“Activities”), under the guidance of LaRoy Warner Fitness, LLC, DBA Iron Camp and/or its partners, owners, officers, staff, employees, contractors, affiliates, successors, agents and/or assigns (collectively “Iron Camp”). 2. I have disclosed in writing to Iron Camp any known physical or mental illness or weakness that would increase the risk to me of participation in Activities. Moreover, I will disclose in writing to Iron Camp any physical or mental illness or weakness that would increase the risk to me of participation in Activities. I will make such disclosure promptly after learning of such illness or weakness, but in no event shall I engage in any Activities unless and until I have made such disclosure to Iron Camp. 3. Except as otherwise disclosed pursuant to the immediately preceding paragraph, I declare myself physically and mentally sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in the Activities or my use of Equipment (as defined below). I acknowledge that I have been informed of the need for a physician’s approval for my participation in Activities and in the use of Equipment. Further, I recognize it is my sole responsibility to obtain an examination by a physician prior to involvement in any exercise program. I acknowledge I have either had a physical examination and been given my physician’s permission to participate, or if I have chosen not to obtain a physician’s permission prior to beginning this exercise program with Iron Camp, I acknowledge I am doing so at my own risk. 4. Iron Camp will provide the equipment or machinery to be used in connection the Activities, including, but not limited to, benches, dumbbells, barbells, and or similar items. (“Equipment. I acknowledge that, although Iron Camp takes precautions to maintain the Equipment, such Equipment may malfunction and/or cause Injuries (as defined below) and that I take sole and full responsibility to inspect any and all Equipment prior to my use of the same. 5. I understand and am aware that Activities, including the use of Equipment, are potentially hazardous activities. I acknowledge the possibility that injuries and physical and mental changes arising during and/or resulting from engaging in Activities does exist. Such injuries include, but are not limited to, soft tissue injuries, abnormal blood pressure, fainting, disorders in heartbeat, heart attack, and in some instances, death (“Injuries”). I understand that any of the foregoing could result in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life. 6. I am voluntarily participating in Activities and using Equipment with knowledge of the dangers involved. I understand and take sole and full responsibility for any and all Injuries that may occur to myself and/or others, including, but not limited to Iron Camp, related to any and all Activities associated with Iron Camp’s instruction, even if not specifically set forth in this document, whether or not they fall within the scope of reasonable foreseeable injuries related to such Activities, and whether or not undertake in Iron Camp’s presence. Although Iron Camp will take precautions to ensure my safety, I expressly assume and accept sole and full responsibility for my safety and any and all Injuries that may occur. 7. In consideration of Iron Camp’s agreement to instruct, assist, and train me, I hereby agree to hold harmless Iron Camp from any and all claims, demands, rights of action or causes of action, present or future, arising out of or connected to my participation in any and all Activities, use of Equipment, or any and all acts or omissions, including negligence by Iron Camp. This waiver and release of liability includes, but is not limited to, (a) Injuries to myself and/or others, including but not limited to Iron Camp, that may occur as a result of (i) Equipment that may malfunction or break; (ii) any and all defects, latent or apparent, in the design or condition of Equipment; (iii) any and all slips, falls, or dropping of Equipment; (iv) any and all improper maintenance of Equipment or facilities; (v) any hazardous condition that may exist on the premises, including, but not limited to, the specific workout area; and (vi) Iron Camp’s negligent instruction or supervision; and (b) damage to property, including but nit limited to, Equipment and the premises. 8. I acknowledge and agree no warranties or representatives have been made to me regarding the results I will achieve from training services provided by Iron Camp. I understand results are individual and may vary. I acknowledge I have thoroughly read this waiver and release and fully understand it is a waiver and release of liability. By signing this document, I am waiving any right I, or my heirs, executors and/or assigns, may have to bring any and all legal actions or assert any and all claims against Iron Camp. I represent and warrant that I am signing this agreement freely and willfully and not under fraud or duress. I further represent and warrant any social relationship exists between Iron Camp and me, or if such a social relationship exists, for the purposes of training sessions, Iron Camp and I have assumed a strict business relationship, and I understand any social relationships does not render this waiver invalid. These exculpatory clauses are intended to apply to any and all Activities occurring during the time for which I have contracted with Iron Camp.