For valuable consideration and to induce permission to attend instructional classes at studios (each, a “Studio”) run by either btone FITNESS, LLC, its affiliates, or franchisees (as applicable, “btone FITNESS”) and to utilize exercise, fitness, and gym equipment (collectively the “equipment”) owned by the applicable btone FITNESS party, the undersigned agrees to the following terms and makes the following warranties:
I acknowledge that strenuous exercise and fitness activities, including the kind using btone FITNESS’ equipment, are a potentially hazardous activity with risk of damage or personal injury, including permanent disability, paralysis, or death. Such hazards include sprains, muscle strains, cuts, abrasions, punctures and fractures to any part of the human anatomy including head, back, neck and spinal cord as a result of falls, improper technique, pushing beyond my physical abilities, as a result of medical conditions, or inattention. I understand this is not a complete description of all risks and that other unknown or unforeseeable hazards and risks of harm may occur.
With this in mind, I accept full responsibility for my own safety and expressly assume all risks of harm, whether foreseen or unforeseen, and whether occurring while using the equipment at btone FITNESS’s Studios at anytime.
I hereby release and agree to indemnify and hold harmless btone FITNESS, their agents, employees, franchisees, other participants, and insurers (hereinafter collectively referred to as “parties released”), from and against any liability, demand, claim or right of action for any damage or injury, including paralysis or death, to any person or property, even if such damage or personal injury results from the negligence of btone FITNESS or other parties released. I further covenant not to sue or make any demand or claim against btone FITNESS or other parties released, for or by reason of any such damage or personal injury from my participation exercise and fitness activities using the equipment, at btone FITNESS’s Studios, at any time. I will pay all fees, damages, and costs, including attorney’s fees, btone FITNESS or other parties released may incur in the enforcement of this agreement.
I am physically fit and know of no medical or health reason why I should not participate in use of the equipment.
I will not use the equipment alone or without someone physically capable of providing adequate spotting during my weight lifts or use of the equipment.
I will use the equipment as designed and directed by the btone FITNESS instructor or manufacturer and will not engage in horseplay or activities not recommended by the btone FITNESS instructor or manufacturers of such equipment and will be responsible for any damage due to improper use. If there is any question about a manufacturer or recommended use, I will ask btone FITNESS for a referral to the appropriate vendor guide.
I intend this agreement to bind me and my family, my assigns, estate, heirs, and personal representatives.
I understand that this contract is severable and shall be interpreted and enforced under the laws of the Commonwealth of Massachusetts, and in the courts in Boston, Massachusetts.
I have carefully read this document and fully understand its contents, which I adopt as a completely integrated and exclusive statement of the entire terms of agreement.