Common use of Assumption of Risk and Indemnification Clause in Contracts

Assumption of Risk and Indemnification. Member acknowledges that (i) Gold’s Gym does not manufacture any of the fitness or other equipment at its facilities and (ii) Gold’s Gym does not manufacture any vitamins, food products, sports drinks, nutritional supplements or other products sold at its facilities; accordingly, neither Gold’s Gym nor any of its parents, subsidiaries or affiliates nor any of their respective officers, directors, employees, agents, successors or assigns shall be held liable for any such defective equipment or products. Member shall indemnify Gold’s Gym, its parents, subsidiaries and other affiliates and each of their respective officers, directors, employees, agents, successors and assigns (an “Indemnified Party”) and save and hold each of them harmless against and pay on behalf of or reimburse any such Indemnified Party as and when incurred for any losses (including attorneys’ fees) which such indemnified party may suffer, sustain or become subject to, as a result of, in connection with, relating or incidental to or by virtue of any claim that is the subject of the waiver set forth above. The provisions of this paragraph shall survive the termination of this Agreement and Member’s membership. Do not sign this Agreement until you have read it in its entirety, including all pages. The terms on this page and the following pages are a part of this Agreement. Member is entitled to a completely filled-in copy of this Agreement. By signing this Agreement, Member acknowledges that (A) This Agreement will become legally binding upon its acceptance by Gold’s Gym, and (B) Gold’s Gym makes no representations or warranties to Member, either expressed or implied, except to the extent expressly set forth in this Agreement. This Agreement, which incorporates the terms of the Company Contract, constitutes the entire agreement between the Member and Gold’s Gym with respect to the subject matter hereof and supersedes any and all prior agreements, written or oral, with respect to such subject matter. Member Name (Please Print): x Member Signature: x DATE: Legal Guardian: Any Member who is under the age of 18 must have a parent or legal guardian (“Legal Guardian”) co-sign this Agreement. Legal Guardian shall be jointly and severally liable for any and all obligations of such Member hereunder and shall be bound by all terms and conditions of this Agreement.