In consideration of the services provided by ADAPTIVE FITNESS & MOVEMENT, LLC, a Massachusetts limited liability corporation, and my desire to spectate and/or participate in the activities and services provided by ADAPTIVE FITNESS & MOVEMENT, LLC, also known as Adaptive Fitness & Movement and its individual members, managers, directors, officers, agents, employees, volunteers, representatives, servants, predecessors, successors, assigns, affiliated entities, heirs, personal representatives and all other persons, firms, or entities claiming by or through them are hereinafter known as ADAPTIVE FITNESS & MOVEMENT, LLC.
(a) agree to use the ADAPTIVE FITNESS & MOVEMENT, LLC. and its facilities in a safe and responsible manner;
(b) agree to abide by the Adaptive Fitness & Movement rules and instructions and the directions of Adaptive Fitness & Movement employees and representatives, whereby I acknowledge that (i) those rules, instructions and directions are intended to promote the safety of both myself and others; (ii) my failure or refusal to abide by those rules, instructions and directions can lead to the immediate revocation of my right to use Adaptive Fitness & Movement and its facilities, without any right to refund of any payments made; and (iii) in the event of sickness, accident or injury, I authorize the Adaptive Fitness & Movement employees and representatives to obtain, on my behalf, emergency medical treatment and to secure such medical treatment at my expense;
(c) agree to fully and forever waive, release and discharge Adaptive Fitness & Movement, LLC from any and all claims, actions, causes of action, demands, judgments, damages (including compensatory, general, special, consequential, exemplary and punitive), liability or obligations of any nature or kind, whether known at the time I leave Adaptive Fitness & Movement, LLC or which may arise or become known later, which accrue on account of, or in any way arise out of or in connection with: (a) my activities within Adaptive FItness & Movement; (b) the activities within Adaptive Fitness & Movement, LLC by others; (c) the operation of Adaptive Fitness & Movement, LLC; (d) my use of any and all of Adaptive Fitness & Movement facilities; and (e) my use of any and all equipment within Adaptive Fitness & Movement, whether owned by me, Adaptive Fitness & Movement or a third party;
(d) agree to indemnify and hold Adaptive Fitness & Movement, LLC harmless from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever, including, but not limited to, any and all attorneys' fees, costs, damages and/or judgments directly or indirectly arising out of, or relating to my acts or omissions while participating in any activities at Adaptive Fitness & Movement;
(e) agree to accept and assume all of the risks which accompany Adaptive Fitness & Movement activities and represent that my participation in the activities is purely voluntary and I elect to participate in the activities notwithstanding the risks;
(f) fully understand that participating in the activities within Adaptive Fitness & Movement involves physical exertion; and accordingly represent that I (i) am in sufficient good health to participate in activities within Adaptive Fitness & Movement; (ii) I do not have any pre-existing physical or medical condition, including without limitation pregnancy, orthopedic problems, including back problems; heart problems; and/or breathing problems, that might be impacted or worsened by my use of Adaptive Fitness & Movement; and (iii) will not use Adaptive Fitness & Movement and its facilities while under the use of any drugs, alcohol or medications that may impair my physical abilities or judgment; and,
(g) certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the activities within Adaptive Fitness & Movement, LLC, or if not, I agree to bear the costs of such injury or damage to myself and others. I agree that any legal proceeding shall be filed solely in the state of Massachusetts and I further agree that the substantive law of Massachusetts shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
(h) I agree to allow photos and/or videos of my child to be used in advertising for Adaptive Fitness & Movement on social media/website. Adaptive Fitness & Movement staff will request permission verbally prior to photographing your child while at Adaptive Fitness & Movement. We respect your decision to decline this at anytime.
By signing this document, I acknowledge that if anyone, including myself or my dependents are hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Adaptive Fitness & Movement, LLC. On the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. I understand and agree that: (i) that this Waiver, Release and Assumption of Risk gives up important legal rights; (ii) I am giving up these important legal rights voluntarily, freely, under no threat of duress, without inducement, promise or guarantee being communicated to me; and (iii) the signature below is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law.