Waiver

 

BY AFFIXING MY SIGNATURE TO THIS DOCUMENT, I ATTEST, CONTRACT, UNDERSTAND

AND AGREE THAT I AM 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.

_________________________________ Date: ____________________

Participant’s signature

_________________________________ Date: ____________________

Parent/guardian signature (if applicable)