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This Assumption of Risk, Waiver of Liability, and Indemnification Agreement ("Agreement") is entered into between the undersigned participant ("Participant") and The Climb Club LLC ("The Climb Club"), its owners, officers, employees, agents, instructors, and affiliates.
1. DESCRIPTION OF ACTIVITY
The Participant wishes to participate in VersaClimber fitness classes and related activities offered by The Climb Club (collectively, the "Activity"). The Activity involves vigorous physical exercise using VersaClimber machines and may include warm-up, cool-down, stretching, and other fitness-related exercises.
2. ACKNOWLEDGMENT OF RISKS
The Participant acknowledges and understands that participation in the Activity involves inherent risks, hazards, and dangers that cannot be eliminated, including but not limited to:
(a) Physical injury, including muscle strains, sprains, fractures, and cardiovascular events;
(b) Equipment malfunction or failure;
(c) Instructor error or misjudgment;
(d) Overexertion, dehydration, or heat-related illness;
(e) Contact with other participants or equipment;
(f) Pre-existing medical conditions that may be aggravated by physical activity.
The Participant acknowledges that these risks may result in serious injury, disability, or death.
3. ASSUMPTION OF RISK
The Participant voluntarily assumes all risks associated with participation in the Activity, whether known or unknown, foreseen or unforeseen, and whether caused by the negligence of The Climb Club or otherwise.
4. WAIVER OF LIABILITY
In consideration of being permitted to participate in the Activity, the Participant, on behalf of themselves and their heirs, executors, administrators, and assigns, hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE The Climb Club, its owners, officers, directors, employees, agents, instructors, volunteers, and affiliates from any and all claims, demands, losses, damages, injuries, or causes of action arising out of or related to participation in the Activity, including claims based on negligence.
5. INDEMNIFICATION
The Participant agrees to indemnify and hold harmless The Climb Club and its representatives from any and all claims, damages, losses, costs, and expenses (including reasonable attorney's fees) arising from the Participant's participation in the Activity or breach of this Agreement.
6. MEDICAL AUTHORIZATION
The Participant represents that they are in good physical condition and have no medical conditions that would prevent safe participation in vigorous physical activity. The Participant authorizes The Climb Club to seek emergency medical treatment on their behalf if necessary, and agrees to be responsible for all related costs.
7. PHOTO AND VIDEO RELEASE
The Participant grants The Climb Club permission to use photographs, videos, or other recordings of the Participant taken during the Activity for promotional, marketing, and educational purposes, without compensation.
8. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with applicable state law. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
9. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior negotiations, representations, or agreements.
BY SIGNING BELOW, THE PARTICIPANT ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTOOD THIS AGREEMENT, THAT THEY ARE VOLUNTARILY AGREEING TO ITS TERMS, AND THAT THEY ARE AT LEAST 18 YEARS OF AGE.