Release Of Liability For Adult Aerobic Sports
I. Introduction
A. Purpose of the Document: This Release of Liability for Adult Aerobic Sports is intended to outline the terms and conditions under which [Facility Owner], hereinafter referred to as the "Facility Owner," allows [Participant Name], hereinafter referred to as the "Participant," to engage in aerobic sports activities at the facility owned by the Facility Owner.
B. Parties Involved: This agreement is entered into between the Facility Owner and the Participant, collectively referred to as the "Parties."
II. Recitals
A. Description of the Sports Facility: The sports facility, located at 4888 Rardin Drive Palo Alto, CA 94301, consists of Indoor Aerobics Studio, Cardio Equipment Area, Strength Training Zone, Group Fitness Rooms, Outdoor Sports Court, and is hereinafter referred to as the "Sports Facility."
B. Purpose of the Sports Activity: The purpose of this agreement is to allow the Participant to engage in aerobic sports activities, including but not limited to:
Aerobics Classes: The Participant is allowed to participate in aerobic classes offered by the facility, adhering to all safety guidelines and instructions provided by the instructor.
Cardio Workouts: The Participant can engage in cardio exercises and workouts using the equipment available at the facility, ensuring proper usage and safety measures.
Group Fitness Sessions: The Participant can join group fitness sessions conducted at the facility, following the guidance of the instructor and maintaining proper form and technique.
C. Acknowledgment of Risks Involved: The Parties acknowledge that aerobic sports activities involve inherent risks, including but not limited to personal injury, property damage, and bodily harm.
III. Release of Liability
A. Release of Claims
Waiver of Liability: The Participant hereby waives and releases the Facility Owner from any liability for personal injury, property damage, or any other loss arising from or related to the Participant's participation in aerobic sports activities at the Sports Facility.
Indemnification: The Participant agrees to indemnify and hold harmless the Facility Owner from any claims, liabilities, damages, or expenses, including attorney fees, arising from the Participant's actions or negligence during aerobic sports activities.
B. Acknowledgment of Assumed Risks
Nature of Aerobic Sports Activities: The Participant acknowledges that aerobic sports activities involve inherent risks, including but not limited to risks associated with physical exertion, equipment usage, and environmental conditions.
Acknowledgment of Inherent Risks: The Participant understands and accepts these risks and agrees to assume full responsibility for their safety and well-being while participating in aerobic sports activities at the Sports Facility.
C. Waiver of Legal Rights
Voluntary Waiver: The Participant acknowledges that the execution of this agreement is voluntary and that they have had the opportunity to seek legal counsel regarding its terms and implications.
Waiver of Right to Sue: The Participant agrees not to initiate any legal action or claim against the Facility Owner for any injuries, damages, or losses sustained while participating in aerobic sports activities at the Sports Facility.
IV. Covenant Not to Sue
A. Agreement Not to Initiate Legal Action: The Participant covenants not to sue or bring any legal action against the Facility Owner, their agents, employees, or representatives, for any claims arising from or related to the Participant's participation in aerobic sports activities at the Sports Facility.
B. Binding Effect: This covenant not to sue shall be binding upon the Participant, their heirs, successors, and assigns.
V. Representations and Warranties
A. Legal Capacity: The Participant represents and warrants that they have the legal capacity to enter into this agreement and to assume the risks associated with aerobic sports activities at the Sports Facility.
B. Ownership or Authority to Grant Release: The Facility Owner represents and warrants that they are the lawful owner of the Sports Facility or otherwise have the authority to grant the Participant permission to engage in aerobic sports activities.
VI. Miscellaneous Provisions
A. Severability: If any provision of this agreement is invalid or unenforceable, the remaining provisions shall remain in full force and effect.
B. Entire Agreement: This agreement constitutes the entire understanding between the Parties regarding the subject matter herein and supersedes all prior agreements and understandings, whether written or oral.
C. Governing Law: This agreement shall be governed by and construed following the laws of [State/Country].
D. Amendment: Any amendment or modification to this agreement must be made in writing and signed by both Parties.
E. Counterparts: This agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute the same instrument.
VII. Acknowledgment of Understanding
The individual who is the Participant hereby acknowledges and confirms that they have thoroughly read, understood, and comprehended the terms and conditions stipulated within this agreement. It is also noted that the decision to agree and be bound by all of the terms contained within the agreement is made of the Participant's own volition and is in no way influenced or coerced.
VIII. Conclusion
A. Effectiveness of the Release: This Release of Liability for Adult Aerobic Sports shall be effective upon execution by both Parties.
B. Execution of the Document: This agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute the same instrument.
[Participant Name]
[Date]
[Facility Owner]
[Date]
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