Draft a waiver for your client, a large health club that is going to incorporate a specialized weight-training program for its adult (18 ?years old and up) members. The waiver should be n

WAIVER AND RELEASE OF LIABILITY

I agree and acknowledge that voluntarily participating in the Specialized Weight-Training may involve inherent danger and risk, including the danger and risk of: (i) PHYSICAL INJURY AND/OR DEATH including minor injuries and major injuries such as joint and back injuries, broken bones, concussions, rhabdomyolysis, musculoskeletal injuries, cardiovascular injuries, heart attack, stroke, brain injury and injury to my fetus (if pregnant); (ii) exposure to, and sickness from, infectious viruses, bacteria and disease, including but not limited to, COVID-19; and (iii) property damage. I also understand that the use of alcohol and/or drugs may increase or exacerbate these risks and dangers. I understand and agree that neither my actions, nor the actions of any other person, can necessarily be controlled, and that my safety and health cannot be guaranteed while participating in or observing the Specialized Weight-Training and related activities or visiting the Large Health Club. By signing this Agreement, I freely accept and fully assume responsibility for all such dangers and risks and the possibility of personal injury, death, property damage or loss resulting therefrom.

Understanding, acknowledging and agreeing to all the risks and hazards involved with the Specialized Weight-Training, I freely and voluntarily choose to participate in the Specialized Weight-Training, travel to, enter and use the Large Health Club, and I HEREBY VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF LOSS, DAMAGES, THEFT, INJURY OR DEATH THAT MAY OCCUR TO ME OR MY PROPERTY AS A RESULT OF OR INCIDENT TO MY PARTICIPATION IN THE SPECIALIZED WEIGHT-TRAINING, INCLUDING THE RISK I MAY BE INJURED BY THE ACTIONS, OMISSIONS, REPRESENTATIONS OR NEGLIGENCE OF THE RELEASED PARTIES, OTHER PARTICIPANTS OR THIRD PARTIES WHILE PARTICIPATING IN THE SPECIALIZED WEIGHT-TRAINING OR VISITING, TRAVELING TO OR FROM OR USING OR VISITING THE LARGE HEALTH CLUB. I understand and agree that by agreeing to this Agreement, I am assuming full responsibility for any and all risk of death, serious personal injury, temporary or permanent disability, or property loss and/or damage suffered by me or my property in connection with the Specialized Weight-Training whether or not described in this Agreement, known or unknown, inherent or otherwise, or while visiting, traveling to or using the Large Health Club. I understand and agree that this Agreement will be binding on me, my spouse (or registered domestic partner), my guardians, the executors or administrators of my estate, my heirs, my personal representatives, my assigns, my successors in interest, my children, and any guardian ad litem for said children (collectively, the “Releasors”). I accept full and complete responsibility for the safety of myself, any guests, observers or other individuals who I have invited to the Large Health Club, and property we have brought to the Large Health Club, and I assume the risk of damage, theft, loss or injury caused by others to me, my guests and our property. I also accept full and complete responsibility for the consequences of taking unreasonable risks while participating in the Specialized Weight-Training or using the Large Health Club, including, without limitation, attempting activities that I am not qualified to

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perform safely, causing any other participants/spectators an unreasonable risk of harm, or failing to follow correct safety procedures when using the Large Health Club and participating in the Specialized Weight-Training.

On behalf of myself and the Releasors and in consideration for being allowed to participate in the Specialized Weight-Training Event and/or use of the Large Health Club, I HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS OR CAUSES OF ACTION, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, ACCIDENT, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE, DESTRUCTION, DELAY, INCONVENIENCE OR OTHER HARM OF WHATEVER NATURE THAT MAY BE DIRECTLY OR INDIRECTLY RELATED TO, ARISING FROM OR SUSTAINED FROM PARTICIPATION IN THE SPECIALIZED WEIGHT-TRAINING EVENT AND/OR TRAVEL TO OR FROM OR VISIT TO OR USE OF THE LARGE HEALTH CLUB OR ACTIVITIES RELATED THERETO, NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER NEGLIGENT ACT OR OMISSION OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF ANY RELEASED PARTIES OR OTHERWISE, provided that nothing in this Section shall be deemed to release any Released Party from liability arising from their own willful or intentional injury to me or my property.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION. In the event of an emergency, please contact the following person(s) in the order presented:

Emergency Contact

Contact Relationship Contact Telephone

I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.

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Participant's Name:

Participant's Address:

Signature:

Date:

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Waiver and Release Form

CONSENT AND LIABILITY WAIVER

I_____________________________________(Name) of_________________________(City) of ___________(state) hereby affirm that I am entering a course of instruction in weight training and physical fitness. I certify that I am 18 years old or more and that by enrolling in this instruction am aware of the inherent dangers associated with weight training and physical fitness activity.

I understand and agree that neither the class nor its owners, operators, agents, or instructors, including but not limited to __________________and/or _____________________, may be held liable in any way for performance which may result in injury, death or damages to me or my family, heirs, or assignees. I further acknowledge and forever release _____________________and/or _______________________ in connection directly or indirectly with my physical fitness, weight training or therapy as result of negligence which may result in injury, death, or damages to me or my family, heirs or assignees.

In consideration of being allowed to enroll in this program, I hereby personally assume all risks connected with the program and I further release the instructors, program, agents and operators, including but not limited to the persons mentioned for any injury or damage which may be incurred by my while I am enrolled in the fitness or weight training course. This includes all risks, whether foreseen or not and further to save and hold harmless the program and persons from any claim by me, or my family, estate, heirs, or assignees, arising out of my enrollment and participation in this program.

Further, I am of lawful age and legally competent to sign this release and I understand the terms are contractual and not oral. I have signed this document of my own free will.

I have been fully informed of the context of this waiver and understand that I read it before I sign it. I understand that submitting to a weight training program, it is advised to undergo a medical exam to ensure my health and capability are of normal conditions and I am physically capable of submitting to this program. I also understand that the owner reserves the right of membership.

Client Name:______________________________

Signature:________________________________ Date:_______________

Trainer:___________________________________ Date:________________

Owner:___________________________________ Date:_________________

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Waiver and Release Form

Physical activity and exercise can be tireless and subject to risk of significant injury, we urge you to obtain a physical examination from a doctor before using any equipment or participating in our weight program. You agree that your participation in physical exercise is done entirely at your own risk. Diet recommendations, food supplements, weight reduction and/or body building enhancement products are completely your responsibility and you should consult with a doctor prior to undergoing any dietary changes. You agree that you are voluntarily participating in these weight training activities. In doing so, you assume all risk for injury, illness or death with use of our facilities and premises. We are not responsible for loss of your personal property while participating in our program.

You acknowledge that you have carefully read this ‘waiver and release’ and fully understand that it is a release of liability. You clearly agree to release and discharge the trainer and gym from all claims or causes of action and you agree to voluntarily waive any right that you may otherwise have to bring a legal action against the trainer or gym for personal injury or property damage. To the extent that statue or case law does not prohibit releases for negligence, this release is also for negligence.

If any part of this release from liability will be deemed by a court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision(s) severed here from.

By signing this release, I acknowledge that I understand its content and that this release cannot be modified orally.

Name (print):________________________

Signature:______________________________ Date:________________

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