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.
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.
Addendum for Metta Ventures LLC, DBA btone FITNESS Brickyard
This Addendum ("Addendum") is an addendum to, a part of, and incorporated into that certain Assumption of Risk and Release of Liability ("Release") to which this Addendum is attached. This Addendum modifies, amends, and supersedes where conflicts arise between this Addendum and the Release. Unless otherwise specifically defined herein, each defined term used herein that is defined in the Agreement shall have the meaning assigned to such term in the Agreement.
Notwithstanding anything in the Release to the contrary, the following provisions apply:
Section 4 of the Release is amended and restated in its entirety to provide as follows:
"I am physically fit and have no medical or health reason why I should not participate in use of the equipment."
Section 8 of the Release is amended and restated in its entirety to provide as follows:
"I understand that this contract is severable and shall be interpreted and enforced under the laws of the State of Utah, and in the courts in Salt Lake County, Utah."
Except to the extent amended hereby, all terms, provisions, and conditions of the Release and all documents excited in connection therewith, shall continue in full force and effect and shall remain enforceable and binding in accordance with their respective terms.
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