Common use of Assumption of the Risk Clause in Contracts

Assumption of the Risk. I am aware that all activities associated with receiving fitness and health training instruction from Trainer, including, but not limited to, activities involving aerobic exercise, stretching exercise, running and weight lifting, as well as additional strenuous exercise and/or exertion of strength, and other sustained physical activities, which place stress on the cardiovascular and muscular systems (collectively referred to herein as “Training”), are and can be hazardous activities that include certain risks and dangers, including but not limited to, catastrophic injuries, including paralysis, other serious injury, and death. I VOLUNTARILY ACCEPT FULL RESPONSIBILITY OF ALL RISKS INVOLVED, INCLUDING RISKS FROM PARTICIPATING IN ANY WAY IN THE TRAINING USE OF EQUIPMENT PROVIDED BY THE TRAINER OR USE OF EQUIPMENT I PROVIDE, WHETHER THE TRAINING OCCURS AT THE STUDIO, MY HOME, OFFICE, OR ANY OTHER LOCATION. WAIVER: In consideration of my participation in the training provided by Trainer I, for myself, my heirs, executors, administrators or assigns, do hereby release, waive, discharge and covenant not to sue Trainer and/or its members, managers, officers, directors, agents, employees, and affiliated entities (Hereinafter referred to as “Releasees”) from liability, from any and all claims, including the negligence of Trainer resulting in personal injury, accident or illnesses (including Death), and property loss arising from, but not limited to, participation in the training and use of facilities, premises or equipment wherever located and by whomever provided. In further consideration for the right to use equipment provided by Trainer or equipment at another location, I acknowledge and agree that Trainer has not inspected the equipment at the Location or the suitability of the area for the training. I expressly release, hold harmless, discharge and indemnify (including costs and legal fees) Trainer and Releasees for any loss, injury or damage (including Death) from any cause, including negligence arising out of any Location, and/or arising out of the use of my equipment, or equipment or facilities provided by Trainer. INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD Trainer and all Releasees harmless of any and all claims, actions, suits, procedures, costs, expenses, duties and liabilities, including legal fees brought as a result of my training with Trainer and to reimburse Trainer for any such expenses incurred. TERMS AND CONDITIONS OF MEMBERSHIP ***PLEASE READ ALL OF OUR POLICIES SO THERE IS NO CONFUSION ON HOW OUR PROGRAMME WORKS*** Initial DOCTOR APPROVAL: I have represented to Trainer that I have either a) been given a Doctor’s permission to participate in the Training, or b) voluntarily participate in the Training and all risks related to the Training without the approval of my Doctor(s). I represent that I am not aware of any medical or physical condition that would prevent me from participating in the Training or from using equipment or facilities, which pose a serious health risk to me. I further acknowledge that Trainer has relied on my statements as being accurate and complete, as a condition to entering into this Agreement. I further acknowledge and agree that I am not obligated to participate in any Training that I do not wish to participate in. I will inform Trainer immediately if I do not wish to participate in any specific Training.

Appears in 1 contract

Samples: s3-us-west-2.amazonaws.com

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Assumption of the Risk. I am aware that all activities associated with receiving fitness and health personal training instruction from Trainer, Trainer including, but not limited to, to activities involving aerobic exercise, stretching exercise, running and weight lifting, as well as additional strenuous exercise and/or exertion of strength, and other sustained physical activities, activities which place stress on the cardiovascular and muscular systems (collectively referred to herein as “Training”), are and can be hazardous activities that include certain risks and dangers, including but not limited to, catastrophic injuries, including paralysis, other serious injury, injury and death. I VOLUNTARILY ACCEPT FULL RESPONSIBILITY OF ALL RISKS INVOLVED, INCLUDING RISKS FROM PARTICIPATING IN ANY WAY IN THE TRAINING USE OF EQUIPMENT PROVIDED BY THE TRAINER OR USE OF EQUIPMENT I PROVIDE, WHETHER THE TRAINING OCCURS AT THE STUDIO, MY HOME, OFFICE, OFFICE OR ANY OTHER LOCATION. WAIVER: In consideration of my participation in the training provided by Trainer I, for myself, my heirs, executors, administrators or assigns, do hereby release, waive, discharge and covenant not to sue Trainer and/or its members, managers, officers, directors, agents, employees, and affiliated entities (Hereinafter referred to as “Releasees”) from liability, from any and all claims, including the negligence of Trainer resulting in personal injury, accident or illnesses illnesses. (including Including Death), ) and property loss arising from, but not limited to, participation in the training and use of facilities, premises or equipment wherever located and by whomever provided. In further consideration for the right for the right to use equipment provided by Trainer or equipment at another location, I acknowledge and agree that Trainer has not inspected the equipment at the Location or the suitability of the area for the training. I expressly release, hold harmless, discharge and indemnify (including Including costs and legal attorney’s fees) Trainer and Releasees for any loss, injury or damage (including Including Death) from any cause, including negligence arising out of any Location, and/or arising out of the use of my equipment, equipment or equipment or facilities provided by Trainer. INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD Trainer and all Releasees harmless of any and all claims, actions, suits, procedures, costs, expenses, duties and liabilities, including legal fees brought as a result of my training with Trainer and to reimburse Trainer for any such expenses incurred. TERMS AND CONDITIONS OF MEMBERSHIP ***PLEASE READ ALL OF OUR POLICIES SO THERE IS NO CONFUSION ON HOW OUR PROGRAMME WORKS*** Initial DOCTOR APPROVAL: I have represented to Trainer that I have either a) been given a Doctor’s permission to participate in the Training, or b) voluntarily participate in the Training and all risks related to the Training without the approval of my Doctor(s). I represent that I am not aware of any medical or physical condition that would prevent me from participating in the Training or from using equipment or facilities, which pose a serious health risk to me. I further acknowledge that Trainer has relied on my statements as being accurate and complete, as a condition to entering into this Agreement. I further acknowledge and agree that I am not obligated to participate in any Training that I do not wish to participate in. I will inform Trainer immediately if I do not wish to participate in any specific Training.

Appears in 1 contract

Samples: And Agreement

Assumption of the Risk. I Understand that my time participating in the activity may include activities that may be hazardous to me. I acknowledge that any injuries that I sustain may be compounded by negligent emergency response or rescue operations of the Company. I understand the potential dangers that I could incur in participating in the Activity, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; exposure to extreme conditions and circumstances; contact with Event participants, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course or track conditions; land, water and surface hazards; equipment failure; inadequate safety measures; situations beyond the immediate control of the Company; and other undefined, not readily foreseeable nor presently unknown risks and dangers. I acknowledge that I am aware that voluntarily participating in the Activity with knowledge of the danger involved, and xxxxxx accept and assume any and all activities risks of injury, or death, whether caused by the negligence of the Company or otherwise, resulting from the Activity. Waiver and Release: I hereby expressly waive and release the Company, its officers, directors, shareholders, employees, agents, affiliates, successors, assigns, clubs, sport disciplines and divisions, venue and property owners or operators upon which the Activity takes place, county and state in which the Activity is held; any charities associated with receiving fitness the Activity; and health training instruction any other organizers, promoters, sponsors, advertisers, coaches and officials for the Activity; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (collectively, "Releasees") from Trainerany and all liability, claims, demands, actions or rights of action, which are related to, or are in any way connected with, my participation in the Activity, including but not limited to, the negligent acts or omissions of the Company or any Releasees now known or hereafter known in any jurisdiction throughout the world. I further agree, promise and covenant not to make or bring any such claim against the Company or any other Releasee arising from or connected with my participation in the Activity and forever release and discharge the Company and all other Releasees from liability under such claims. Medical Treatment: I hereby grant permission to the Company or its designees to administer or arrange for any medical assistance that they deem necessary or appropriate as a result of my participation in the Activity, including, without limitation, arranging transportation to a hospital or other medical facility, and I hereby assume any and all liability for any medical expenses. I hereby grant to the Company and its designees, access to all medical records (and physicians) as needed. I hereby release and forever discharge the Company and any Releasees from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during the Activity. Photographic Release: I grant and convey unto the Company all right, title, and interest in any and all photographic images and video or audio recordings of my participation in the Activity made by the Company or on behalf of the Company during the Activity, including, but not limited to, activities involving aerobic exerciseany royalties, stretching exerciseproceeds, running and weight liftingor other benefits derived from such photographs or recordings. Indemnification: I shall defend, as well as additional strenuous exercise and/or exertion of strengthindemnify, and hold harmless the Company and all other sustained physical activitiesReleasees against any and all losses, which place stress on the cardiovascular and muscular systems (collectively referred to herein as “Training”)damages, are and can be hazardous activities that include certain risks and dangersliabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including but not limited toreasonable attorney fees, catastrophic injuriesfees, including paralysisthe costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, other serious injuryarising out of or resulting from any claim of a third party related to the Activities. Compensation: I am participating in the Activity for my own personal reasons, and deathwith no expectation of receiving any compensation for my participation. I VOLUNTARILY ACCEPT FULL RESPONSIBILITY OF ALL RISKS INVOLVED, INCLUDING RISKS FROM PARTICIPATING IN ANY WAY IN THE TRAINING USE OF EQUIPMENT PROVIDED BY THE TRAINER OR USE OF EQUIPMENT I PROVIDE, WHETHER THE TRAINING OCCURS AT THE STUDIO, MY HOME, OFFICE, OR ANY OTHER LOCATION. WAIVER: In consideration of No one has promised me any compensation in exchange for my participation in the training provided by Trainer I, for myself, my heirs, executors, administrators or assigns, do hereby release, waive, discharge and covenant not to sue Trainer and/or its members, managers, officers, directors, agents, employees, and affiliated entities (Hereinafter referred to as “Releasees”) from liability, from any and all claims, including the negligence of Trainer resulting in personal injury, accident or illnesses (including Death), and property loss arising from, but not limited to, participation in the training and use of facilities, premises or equipment wherever located and by whomever provided. In further consideration for the right to use equipment provided by Trainer or equipment at another location, I acknowledge and agree that Trainer has not inspected the equipment at the Location or the suitability of the area for the trainingActivity. I expressly release, hold harmless, discharge and indemnify (including costs and legal fees) Trainer and Releasees for any loss, injury or damage (including Death) from any cause, including negligence arising out of any Location, and/or arising out of the use of my equipment, or equipment or facilities provided by Trainer. INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD Trainer and all Releasees harmless of any and all claims, actions, suits, procedures, costs, expenses, duties and liabilities, including legal fees brought as a result of my training with Trainer and to reimburse Trainer for any such expenses incurred. TERMS AND CONDITIONS OF MEMBERSHIP ***PLEASE READ ALL OF OUR POLICIES SO THERE IS NO CONFUSION ON HOW OUR PROGRAMME WORKS*** Initial DOCTOR APPROVAL: I have represented to Trainer that I have either a) been given a Doctor’s permission to participate in the Training, or b) voluntarily participate in the Training and all risks related to the Training without the approval of my Doctor(s). I represent that I am not aware of any medical or physical condition that would prevent me from participating in the Training or from using equipment or facilities, which pose a serious health risk to me. I further acknowledge that Trainer has relied on my statements as being accurate and complete, as a condition to entering into this Agreement. I further acknowledge understand and agree that I am not obligated entitled to participate and will not receive any compensation for participating in any Training the Activity. Further, I understand and agree that I do am not wish to participate in. I an employee of the Company or its affiliated companies or charities and that my participation in the Activity will inform Trainer immediately if I do not wish to participate in create an employment relationship of any specific Trainingkind.

Appears in 1 contract

Samples: Release of Liability and Assumption

Assumption of the Risk. I am aware that all activities associated with receiving fitness and health personal training instruction from Trainer, Trainer including, but not limited to, to activities involving aerobic exercise, stretching exercise, running and weight lifting, as well as additional strenuous exercise and/or exertion of strength, and other sustained physical activities, activities which place stress on the cardiovascular and muscular systems (collectively referred to herein as “Training”), are and can be hazardous activities that include certain risks and dangers, including but not limited to, catastrophic injuries, including paralysis, other serious injury, injury and death. I VOLUNTARILY ACCEPT FULL RESPONSIBILITY OF ALL RISKS INVOLVED, INCLUDING RISKS FROM PARTICIPATING IN ANY WAY IN THE TRAINING USE OF EQUIPMENT PROVIDED BY THE TRAINER OR USE OF EQUIPMENT I PROVIDE, WHETHER THE TRAINING OCCURS AT THE STUDIO, MY HOME, OFFICE, OFFICE OR ANY OTHER LOCATION. WAIVER: In consideration of my participation in the training provided by Trainer I, for myself, my heirs, executors, administrators or assigns, do hereby release, waive, discharge and covenant not to sue xxx Trainer and/or its members, managers, officers, directors, agents, employees, and affiliated entities (Hereinafter referred to as “Releasees”) from liability, from any and all claims, including the negligence of Trainer resulting in personal injury, accident or illnesses illnesses. (including Including Death), ) and property loss arising from, but not limited to, participation in the training and use of facilities, premises or equipment wherever located and by whomever provided. In further consideration for the right for the right to use equipment provided by Trainer or equipment at another location, I acknowledge and agree that Trainer has not inspected the equipment at the Location or the suitability of the area for the training. I expressly release, hold harmless, discharge and indemnify (including Including costs and legal attorney’s fees) Trainer and Releasees for any loss, injury or damage (including Including Death) from any cause, including negligence arising out of any Location, and/or arising out of the use of my equipment, equipment or equipment or facilities provided by Trainer. INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD Trainer and all Releasees harmless of any and all claims, actions, suits, procedures, costs, expenses, duties and liabilities, including legal fees brought as a result of my training with Trainer and to reimburse Trainer for any such expenses incurred. TERMS AND CONDITIONS OF MEMBERSHIP ***PLEASE READ ALL OF OUR POLICIES SO THERE IS NO CONFUSION ON HOW OUR PROGRAMME WORKS*** Initial DOCTOR APPROVAL: I have represented to Trainer that I have either a) been given a Doctor’s permission to participate in the Training, or b) voluntarily participate in the Training and all risks related to the Training without the approval of my Doctor(s). I represent that I am not aware of any medical or physical condition that would prevent me from participating in the Training or from using equipment or facilities, which pose a serious health risk to me. I further acknowledge that Trainer has relied on my statements as being accurate and complete, as a condition to entering into this Agreement. I further acknowledge and agree that I am not obligated to participate in any Training that I do not wish to participate in. I will inform Trainer immediately if I do not wish to participate in any specific Training.

Appears in 1 contract

Samples: And Agreement

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Assumption of the Risk. I am aware and understand the Activity is inherently dangerous and represents an extreme test of a person’s physical and mental limits. I acknowledge that any injuries that I sustain may be compounded by negligent emergency response or rescue operations of the Company. I understand the potential dangers that I could incur in participating in the Activity, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; exposure to extreme conditions and circumstances; contact with other participants, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course or track conditions; land, water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Company; and other undefined, not readily foreseeable nor presently unknown risks and dangers. I acknowledge that I am voluntarily participating in the Activity with knowledge of the danger involved, and xxxxxx accept and assume any and all activities risks of injury, or death, whether caused by the negligence of the Company or otherwise, resulting from the Activity. Waiver and Release: I hereby expressly waive and release the Company, its officers, directors, shareholders, employees, agents, affiliates, successors, assigns, clubs, sport disciplines and divisions, venue and property owners or operators upon which the Activity takes place, county and state in which the Activity is held; any charities associated with receiving fitness the Activity; and health training instruction any other organizers, promoters, sponsors, advertisers, coaches and officials for the Activity; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (collectively, "Releasees") from Trainerany and all liability, claims, demands, actions or rights of action, which are related to, or are in any way connected with, my participation in the Activity, including but not limited to, the negligent acts or omissions of the Company or any Releasees now known or hereafter known in any jurisdiction throughout the world. I further agree, promise and covenant not to make or bring any such claim against the Company or any other Releasee arising from or connected with my participation in the Activity and forever release and discharge the Company and all other Releasees from liability under such claims. I further agree to abide by the Center for Disease Control’s (CDC) recommendations for the prevention of the spread of the 2019 Novel Coronavirus Disease (COVID-19) and other communicable diseases, and I attest to having read the CDC’s guidance at: xxxxx://xxx.xxx.xxx/coronavirus/2019-ncov/prepare/prevention.html. I assume all such risks being known, appreciated, and accepted by me. Medical Treatment: I hereby grant permission to the Company or its designees to administer or arrange for any medical assistance that they deem necessary or appropriate as a result of my participation in the Activity, including, without limitation, arranging transportation to a hospital or other medical facility, and I hereby assume any and all liability for any medical expenses. I hereby grant to the Company and its designees, access to all medical records (and physicians) as needed. I hereby release and forever discharge the Company and any Releasees from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during the Activity. Photographic Release: I grant and convey unto the Company all right, title, and interest in any and all photographic images and video or audio recordings of my participation in the Activity made by the Company or on behalf of the Company and its affiliated sponsors/partners during the Activity, including, but not limited to, activities involving aerobic exerciseany royalties, stretching exerciseproceeds, running and weight liftingor other benefits derived from such photographs or recordings. Indemnification: I shall defend, as well as additional strenuous exercise and/or exertion of strengthindemnify, and hold harmless the Company and all other sustained physical activities, which place stress on the cardiovascular and muscular systems (collectively referred to herein as “Training”), are and can be hazardous activities that include certain risks and dangers, including but not limited to, catastrophic injuries, including paralysis, other serious injury, and death. I VOLUNTARILY ACCEPT FULL RESPONSIBILITY OF ALL RISKS INVOLVED, INCLUDING RISKS FROM PARTICIPATING IN ANY WAY IN THE TRAINING USE OF EQUIPMENT PROVIDED BY THE TRAINER OR USE OF EQUIPMENT I PROVIDE, WHETHER THE TRAINING OCCURS AT THE STUDIO, MY HOME, OFFICE, OR ANY OTHER LOCATION. WAIVER: In consideration of my participation in the training provided by Trainer I, for myself, my heirs, executors, administrators or assigns, do hereby release, waive, discharge and covenant not to sue Trainer and/or its members, managers, officers, directors, agents, employees, and affiliated entities (Hereinafter referred to as “Releasees”) from liability, from Releasees against any and all claimslosses, including the negligence of Trainer resulting in personal injurydamages, accident or illnesses (including Death)liabilities, and property loss arising fromdeficiencies, but not limited to, participation in the training and use of facilities, premises or equipment wherever located and by whomever provided. In further consideration for the right to use equipment provided by Trainer or equipment at another location, I acknowledge and agree that Trainer has not inspected the equipment at the Location or the suitability of the area for the training. I expressly release, hold harmless, discharge and indemnify (including costs and legal fees) Trainer and Releasees for any loss, injury or damage (including Death) from any cause, including negligence arising out of any Location, and/or arising out of the use of my equipment, or equipment or facilities provided by Trainer. INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD Trainer and all Releasees harmless of any and all claims, actions, suitsjudgments, proceduressettlements, interest, awards, penalties, fines, costs, expenses, duties and liabilitiesor expenses of whatever kind, including legal fees brought as reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a result of my training with Trainer and to reimburse Trainer for any such expenses incurred. TERMS AND CONDITIONS OF MEMBERSHIP ***PLEASE READ ALL OF OUR POLICIES SO THERE IS NO CONFUSION ON HOW OUR PROGRAMME WORKS*** Initial DOCTOR APPROVAL: I have represented to Trainer that I have either a) been given a Doctor’s permission to participate in the Training, or b) voluntarily participate in the Training and all risks third party related to the Training without the approval of my Doctor(s). I represent that I am not aware of any medical or physical condition that would prevent me from participating in the Training or from using equipment or facilities, which pose a serious health risk to me. I further acknowledge that Trainer has relied on my statements as being accurate and complete, as a condition to entering into this Agreement. I further acknowledge and agree that I am not obligated to participate in any Training that I do not wish to participate in. I will inform Trainer immediately if I do not wish to participate in any specific TrainingActivities.

Appears in 1 contract

Samples: werunockids.org

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