MICHAEL JOHN FITNESS, INC.
3419 E. Coast Hwy, Corona Del Mar, 92625
Assumption of Risk, Waiver and Release from Liability
In consideration of the use of the property, facility, and/or service of Graviti Fitness Center, the undersigned agrees as follows:
Risk Factors: The undersigned understands and acknowledges that the use of equipment and facilities provided by Michael John Fitness, Inc. involved risks including, but not limited to the following: risk of property damage, bodily injury, including but not limited to permanent disability, paralysis, and possible death. These risks may result from the use of the equipment or facilities, from the activity itself, from the acts of others, or from the unavailability of emergency medical care.
Assumption of Risk: The undersigned voluntarily assumes all risks that may arise out of result from the use of the equipment of the favilities, and/or participation in the Graviti Fitness Center, including those risks described in section 1 above. Exceptions being any inquiries caused by the gross negligence, willful or unwanted misconduct of any officials, officers, employees, agents, or volunteers of the Graviti Fitness Center.
Indemnify and Defend: The undersigned acknowledges reading and knowing all the policies and procedures relating to the activities, facilities, and/or equipment and understand the safe and proper use of facilities, equipment, or participation in the activity is dependent upon carefully following such policies and procedures. The undersigned agrees to comply with and abide by all rules and regulations of the Graviti Fitness Center. The Graviti Fitness Center staff reserves the right to revoke or terminate the undersigned's privileges for any violation of the rules and regulation or for violations of the policies and procedures relation to the activities, facilities, and/or equipment of the Graviti Fitness Center.
Prerequisite Skills: The undersigned acknowledges that he or she has the requisite skills, qualifications, physical ability, and training necessary to properly and safely use of the equipment, facilities, and to participate in the Graviti Fitness Center. The undersigned agrees that if he/she has any questions as to what skills, qualifications, or training necessary to properly use the equipment, facility, or participate in the Graviti Fitness Center iteself, the he/she shall direct such questions to the appropriate staff member.
Wavier: The undersigned waives the protection afforded by any statute or law in any jurisdiction whose purpose, substance, and/or effect is to provide a general release shall not extend to claims, material, or otherwise which the person giving the release does not know or suspect to exist at the time of executing the release. This means, in part, that the undersigned is releasing unknown future claims.
Pay: The undersigned agrees to pay any and all damages to any property or indemnity caused by the undersigned negligently, willfully, or otherwise.
Representatives: The undersigned enters into this agreement for him/herself, his/her heirs, assigns and legal representatives.
Consent for Emergency Treatment: The undersigned, as a participant in the subject activity, hereby consents to medical treatment in a medical emergency where the undersigned is unable to consent to such treatment.
Insurance: The undersigned understands the Michael John Fitness Inc. does not carry participant insurance and that the undersigned will be solely responsible for any medical, health, or personal injury costs relating to the undersigned's use of the property, facilities, and/or services of the Graviti Fitness Center. The undersigned is encouraged to have a medical physical examination prior to any and all participation.
Jurisdiction: The Assumption of Risk, Waiver, and Release from Liability shall be governed in all respects by the laws of the State of California. The Parties agree to use the State of California for jurisdiction and County of Orange as venue for any disputes between the parties.
Severability: If any term, cause, or provision of the Assumption of Risk, Waiver and Release from Liability if held to be illegal, invalid, or unenforceable, or the application thereof to any person or circumstance shall to any extend by illegal, invalid, or unenforceable under present or future laws effective during the term hereof or any provisions hereof which survive termination, then and in any such event, it is the express intention of the parties that the remainder of this Agreement, or the application of such term, clause, or provisions other than those as to which it is held illegal, invalid, or unenforceable, shall not be affected thereby, and each term, cause, or provision of this Assumption of Risk, Waiver, and Release of Liability Agreement and the application thereof shall be legal, valid, and enforceable to the fullest extent permitted by law.
Acknowledgements: The undersigned has read fully understands this agreement and realizes it relates to surrendering and releasing valuable rights and does so freely and voluntarily.