24/7 CLUB FIT

ACKN OWLEDGEMEN T OF RISK,

WAIVER AN D RELEASE OF LIABILITY

W ARNING: THIS DO CUMENT W ILL AFFECT YO UR LEGAL RIGHTS, READ IT CAREFULLY!

Particip ants m u st be over the age of m ajority, or have a p arent or gu ard ian sign if u nd er 18 years. Every
p articip ant m u st read and u nd erstand this Acknow led gem ent, Waiver and Release of Liability p rior to
p articip ating in athletic activities. Every p articip ant is ad vised to consu lt w ith their p hysician before
engaging in the athletic activities.

The u nd ersigned (the “ Particip ant” ) hereby enters into this Agreem ent w ith and for the benefit of 24/7
CLUB FIT IN C., its d irectors, officers, em p loyees, volu nteers, coaches, officials, trainers, bu siness
op erators, agents and site p rop erty ow ners (the “ Com p any” ).

1. “ Athletic activities” shall inclu d e, bu t not be lim ited to, contact and non -contact sp orts, p ersonal
training instru ction and activities, u se of facilities, and fitness and exercise p rogram s and services
p rovid ed to the Particip ant by the Com p any.

2. The Particip ant acknow led ges and u nd erstand s that there are inherent and significant risks
associated w ith p articip ation in athletic activities, inclu d ing (bu t not lim ited to) the p otential for
seriou s p ersonal inju ry cau sed by any event or any cond ition of the facilities or equ ip m e nt
p rovid ed by the Com p any, and health risks su ch as light -head ed ness, fainting, increased or
d ecreased blood p ressu re, chest d iscom fort, m u scle cram p s, broken bones, strains, sp rains,
bru ises, concu ssion, hyp ertherm ia, abnorm al heart rate, soreness, nau se a, heart attack, stroke and
p ossibly d eath. The Particip ant u nd erstand s that su ch risks are relative to Particip ant’ s level of
fitness and health (p hysical, m ental and em otional), and to the aw areness, care and skill w hich
the Particip ant d em onstrates w hile p articip ating in the athletic activities.

3. The Particip ant hereby accep ts and assu m es all resp onsibility for all risks and p ossibilities of
p ersonal inju ry, d eath, p rop erty d am age or loss resu lting from his/ her p articip ation in the
athletic activities, in clu d ing accid ents or inju ries that occu r w ithin the facilities (e.g. in the locker
room s, d ressing room s, show ers, restroom s, and other areas). The facilities and p rogram s offered
by the Com p any have been d esigned and established to p rovid e the op tim u m lev el of beneficial
exercise and enjoym ent w ithou t com p rom ising the health and safety of those w ho u tilize the
facilities or p articip ate in the athletic activities. Du e to the natu re of the athletic activities and the
equ ip m ent that is often an integral p art of su ch activities, there is an inherent risk of inju ry. This
resu lts in a p ractical lim itation being p laced on the Com p any in its effort to p revent inju ries to
p articip ants, w hether actively p articip ating in athletic activities, u tilizing the equ ip m ent or taking
ad vantage of the other facilities. The Particip ant freely accep ts these risks and agrees to the term s
of this Waiver and Release, even if the Com p any is fou nd to be negligent or in breach of any d u ty
of care or any obligation to the Particip ant w it h resp ect to his/ her p articip ation in athletic
activities.

4. The Particip ant agrees to at all tim es u tilize the equ ipm ent and the facilities in a p rop er m anner
so that the inherent risk that exists u nd er the control of the Com p any, as w ell as those risks
ou tsid e the control of th e Com p any or p artially w ithin the control of the Particip ant are
m inim ized by the Particip ant’ s thou ghtfu l and cau tiou s u se of both the equ ip m ent and the
facilities.
5. The Particip ant acknow led ges his/ her obligation to im m ed iately infor m an em p loyee or other
rep resentative of the Com p any im m ed iately u p on feeling any p ain, d iscom fort, fatigu e or other
sym p tom s su ffered by the Particip ant d u ring or im m ed iately after p articip ation in any athletic
activity. The Particip ant u nd erstand s that s/ he m ay stop p articip ation at any tim e, and m ay be
requ ested to d o so by any em p loyee or rep resentative of the Com p any w ho observes sym p tom s
of d istress or abnorm al resp onse from the Particip ant.

6. The u nd ersigned Particip ant, for him / herself and his/ her heirs, next of kin, execu tors,
ad m inistrators and assigns (collectively, the “ Releasing Parties” ), d oes hereby agree:

(a) to w aive all claim s that the Releasing Parties or any of them m ay have in fu tu re against
the Com p any, its d irectors, officers, em p loyees, age nts, insu rers and rep resentatives
(collectively, the “ Released Parties” );

(b) to release and forever d ischarge the Released Parties from all liability for p ersonal inju ry,
d eath, p rop erty d am age or loss resu lting from the Particip ant’ s p articip ation in athleti c
activities d u e to any cau se, inclu d ing bu t not lim ited to negligence (failu re to use su ch
care as a reasonably p ru d ent and carefu l p erson w ou ld u se u nd er sim ilar circu m stances),
breach of any d u ty im p osed by law , breach of contract or m istake or error of ju d gm ent
on the p art of the Com p any; and

(c) to be liable for and to hold harm less and ind em nify the Released Parties from all actions,
p roceed ings, claim s, d am ages, costs, d em and s, inclu d ing hosp ital costs, cou rt costs and
attorneys’ fees, and liabilities of w hatsoever natu re or kind arising ou t of or in any w ay
connected w ith the Particip ant’ s p articip ation in athletic activities.

7. This Agreem ent shall be governed by and constru ed in accord ance w ith the law s of the State of
Ind iana, and any legal actions, cla im s or d em and s shall be hand led in a cou rt of com p etent
ju risd iction w ithin su ch State.

8. The Particip ant u nd erstand s that this d ocu m ent is bind ing on him / herself and his/ her heirs, next
of kin, execu tors, ad m inistrators and assigns.

I hereby certify that I am at least 18 years of age, or m y p arent or gu ard ian has signed below , that I am
su ffering u nd er no legal d isabilities, and that I (or m y p arent or gu ard ian) have read this d ocu m ent
carefu lly, u nd erstand each term and p rovision in its entirety, have agre ed to the term s freely and
volu ntarily. H aving read the foregoing, I (or m y p arent or gu ard ian) know ingly acknow led ge m y
u nd erstand ing of the risks set forth herein and know ingly agree to accep t fu ll resp onsibility for m y ow n
exp osu re to su ch risks.

SIGNED _____/_____/_____

Signatu re of Particip ant:

OR

Signatu re of Parent or
Gu ard ian (if a m inor):