LIABILITY WAIVER
NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. NO CROSS-OUTS OR ALTERATIONS OF THIS AGREEMENT ARE PERMITTED.
In order to attend any fitness classes offered by The Block Fitness Ltd. at our studio or events, you (or your parent or guardian if you are under 18) must first enter into a The Block Fitness Ltd. Agreement and sign this Waiver of Liability & Acceptance of Risk (the “Agreement”), agreeing to the following.
In consideration for participating or engaging in exercise activities, services, classes, events, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of The Block Fitness Ltd., you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers associated with indoor cycling, fitness activities, exercise equipment, and the Classes and Facilities.
You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You understand and acknowledge that fitness or exercise activities, services and/or use of equipment have inherent dangers that no amount of care, caution, instruction or expertise can eliminate. In particular, you understand that the risks associated with your participation in strenuous exercise include but are not limited to: overexertion, muscle strain, dehydration, dizziness, rhabdomyolysis, abnormal blood pressure and heart rate, fainting, heart attack, and other conditions that may result from intense physical activity. Additionally, risks may arise from accidental contact, falling, or other unforeseen causes.
You are also aware of the highly contagious nature of bacterial and viral diseases, including the 2019 novel coronavirus disease (COVID-19) (collectively, the “Disease”), and the risk that you may be exposed to or contract the Disease or other infectious diseases by engaging in the activities, which may result in serious illness, personal injury, disability, death, or property damage. You understand that there are also unforeseeable accidents that may occur, and you assume all risks associated with such accidents. You agree that it is possible that equipment being used might malfunction, be defective, and/or fail.
You understand that The Block may play music at high volume levels, at times reaching over 100 dB, and you hold The Block Fitness Ltd. harmless and assume all associated risks. The Block also provides and makes earplugs available.
You acknowledge and understand that certain classes offered at The Block may feature adult-oriented themes, mature subject matter, and/or explicit music that may contain strong language, suggestive content, or other material not suitable for all audiences. You understand that these classes are designed to enhance the experience for participants and may reflect current trends in music, fitness, and pop culture. You agree that explicit content may be included in music played during classes without warning. You hereby release The Block Fitness Ltd., its owners, instructors, Motivators, and affiliates from any claims, complaints, or liability related to the inclusion of adult themes or explicit content in its programming.
At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If, in the subjective opinion of The Block staff, you would be at physical risk participating in The Block classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish The Block Fitness Ltd. with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing The Block's concerns and stating that those concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and Facilities, you hereby RELEASE, WAIVE, DISCHARGE AND HOLD HARMLESS The Block Fitness Ltd., its agents, officers, shareholders, directors, employees, instructors, Motivators, volunteers, participants, exercise equipment builders and installers, exercise equipment designers, exercise equipment manufacturers, lessors, insurers, and all other persons or entities acting in any capacity on their behalf from any and all liability, claims, actions, or losses from bodily injury, property damage, wrongful death, loss of service, demands, or any other causes of action, without limitation, that you may hereafter have arising out of your participation in fitness or exercise activities, services, and/or use of equipment including, but not limited to, LOSSES CAUSED BY THE NEGLIGENCE OF THE RELEASEES.
In consideration of taking part in The Block classes and activities, you also represent that you (a) have no medical or physical condition that would prevent you from properly using any of The Block's Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician not to participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using The Block's Classes and Facilities and should not participate in any Classes without appropriate medical advice.
PHOTO/VIDEO AND MEDIA RELEASE
I hereby consent and agree to The Block Fitness Ltd., its employees, instructors, Motivators, or agents taking photographs and/or video recordings of me at The Block studio and/or at off-site The Block events and using such photographs and/or video recordings in any and all media, now or hereafter known, exclusively for the purpose of The Block's marketing, sales, and promotions.
I hereby release to The Block Fitness Ltd., its agents and employees all rights to exhibit such photographs and/or video recordings in print and electronic form, publicly or privately, and to use them for marketing and promotional purposes. I waive any rights, claims, or interest I may have to control the use of my identity or likeness in such photographs and/or video recordings in whatever media is used.
I understand that there will be no financial or other remuneration for the initial or subsequent use, publication, reproduction, broadcast, transmission, or playback. I also understand that The Block Fitness Ltd. is not responsible for any expense or liability incurred as a result of my participation in such photography or video recording unless arising from The Block Fitness Ltd.'s willful conduct or negligence.
I HAVE READ THIS ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY AND WAIVER OF LIABILITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Name: __________________________________________
Signature: ______________________________________
Date: __________________________________