WAIVER AND RELEASE OF LIABILITY

​PLEASE READ CAREFULLY​

This Waiver and Release of Liability (hereinafter referred to as “Agreement”) is an important legal document that explains the risks you (or your child(ren)) are assuming by participating in physical activity, exercise, and usage of fitness equipment. It is critical that you have read and understand this document completely. If you do not understand any part of this document, it is your ultimate responsibility to ask for clarification prior to signing it.

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I __________________________, Participant, warrant and represent the following in order to participate in the activities, exercise, and usage of fitness equipment conducted, provided by, or offered through AVALON PARK HEALTH VILLAGE, LLC D/B/A EAST ORLANDO GYM & WELLNESS CENTER (hereinafter referred to as “EAST ORLANDO GYM”) with a primary location of 12001 Avalon Lake Drive, Ste. M-P, Orlando, FL 32828. If Participant is under the age of 18, the undersigned is executing this document as parent or legal guardian of ____________________________, a minor, and that all representations, warrants, releases, etc. contained herein are so made on behalf of the undersigned and the minor.
1.
ASSUMPTION OF RISK. I acknowledge that participation in physical activity, exercise, and usage of fitness equipment subjects the participants to the possibility of physical illness or injury (minimal, serious, catastrophic) and/or death and that I acknowledge that I am assuming the risk of such illness, injury, and/or death by participating in any of the activities, exercise, and usage of fitness equipment conducted, provided by, or offered through EAST ORLANDO GYM.
2.
RELEASE OF LIABILITY. I, on behalf of myself and my spouse, all my agents, representatives, guardians, successors, assigns, heirs, children, and next of kin (all of the foregoing collectively referred to as the “Participant Parties”) hereby agree to IRREVOCABLY WAIVE, RELEASE, DISCHARGE, AND HOLD HARMLESS EAST ORLANDO GYM, its respective directors, officers, owners, representatives, members, agents, independent contractors, instructors, employees and participants, as well as any other off-site hosting sites (e.g. public parks, etc.) on whose premises EAST ORLANDO GYM’S activities, exercise, or usage of fitness equipment may occur (“Released Parties”), from any and all liability, for any claim, judgment, loss, liability, cost and expenses (including, without limitations, attorney’s fees and costs, lost wages, and medical expenses) arising out of or connected with EAST ORLANDO GYM, whether same shall arise by their negligence or otherwise, including any claim arising out of or connected with any illness or injury (minimal, serious, catastrophic) and/or death that I may incur during EAST ORLANDO GYM activities, exercise, or usage of fitness equipment (whether on EAST ORLANDO GYM premises or off-site), use of EAST ORLANDO GYM equipment (whether or not during class sessions), and while traveling to and from any off-site location for EAST ORLANDO GYM activities, exercise or usage of fitness equipment.
3.
KNOWING AND VOLUNTARY EXECUTION. I hereby warrant that I have read this liability release in its entirety and fully understand its contents. I am aware that this liability release releases Released Parties from liability and contains an acknowledgment of my voluntary and knowing assumption of the risk of injury or illness. I am not a minor and have signed this document voluntarily and of my own free will.
4.
PHYSICAL CONDITION. I have consulted with my physician and have made certain that I am medically cleared to exercise and participate in physical activities. I warrant that I am in good health and have had no physical condition that would prevent me from participating in any event or activity, exercise, or usage of fitness equipment. I acknowledge that I am responsible for updating EAST ORLANDO GYM with any relevant medical information that may arise during my participation in EAST ORLANDO GYM activities, exercise, or usage of fitness equipment.
5.
MEDICAL TREATMENT. In the event of any illness or injury arising out of or connected with EAST ORLANDO GYM, I authorize EAST ORLANDO GYM to obtain necessary medical treatment and release and hold harmless Released Parties in the exercise of this authority. I further acknowledge and understand that I will be responsible for any and all medical and related bills that may be incurred on my behalf for any illness or injury that I may sustain during participation in the EAST ORLANDO GYM.
6.
USE OF NAME AND IMAGE. I understand that EAST ORLANDO GYM from time-to-time produces promotional material relating to its programs. I understand that as a participant and/or spectator at EAST ORLANDO GYM, I may be included in videotapes, photographs, DVDs, podcasts, video casts, and any and all footage taken during the EAST ORLANDO GYM activities, exercise, and usage of fitness equipment. Therefore, without reservation or limitations, I hereby assign, transfer, and grant to EAST ORLANDO GYM, its successors, assignees, licensees, sponsors, any television networks, and all other commercial exhibitors the exclusive right to record, photograph and/or videotape me and to utilize such videotapes, recordings, and photographs and my name, face, likeness, voice, and appearance as a part of EAST ORLANDO GYM, or in advertising and promoting EAST ORLANDO GYM. I further understand that neither EAST ORLANDO GYM nor any third party is under any obligation to exercise any of the foregoing rights, licenses, and privileges. I waive any right to inspect or approve any such materials related thereto.
7.
INDEMNIFICATION. I hereby expressly agree to forever indemnify, defend, and hold the Released Parties harmless from and against any and all losses, liabilities, claims, costs, damages, demands and expenses (including but not limited to attorney’s fees and costs, lost wages, and medical expenses) arising from or in connection with any and all (i) damages suffered by Participant and/or any of the Participant Parties resulting in any way from EAST ORLANDO GYM activities, exercise, and usage of fitness equipment, (ii) actions or claims brought by any of the Participant and/or any of the Participant Parties against any of the Released Parties in connection with EAST ORLANDO GYM, and (iii) uses of recordings, statements, footage, and/or image.
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8.
LAWSUITS. I HEREBY REPRESENT AND WARRANT TO THE RELEASED PARTIES THAT NONE OF THE PARTICIPANT PARTIES SHALL MAKE OR INSTITUTE ANY LAWSUIT OR CLAIM ANY LIABILITY, IN LAW OR IN EQUITY, AGAINST ANY OF THE RELEASED PARTIES WITH RESPECT TO ANY CLAIM, JUDGMENT, LOSS, LIABILITY, COST AND EXPENSES (INCLUDING, WITHOUT LIMITATIONS, ATTORNEY’S FEES AND COSTS, LOST WAGES, AND MEDICAL EXPENSES) ARISING OUT OF OR CONNECTED WITH EAST ORLANDO GYM, WHETHER SAME SHALL ARISE BY THEIR NEGLIGENCE OR OTHERWISE, INCLUDING ANY CLAIMS ARISING OUT OF OR CONNECTION WITH ANY ILLNESS OR INJURY (MINIMAL, SERIOUS, CATASTROPHIC) AND/OR DEATH THAT I MAY INCUR DURING EAST ORLANDO GYM ACTIVITIES, EXERCISE, AND USAGE OF FITNESS EQUIPMENT (WHETHER ON EAST ORLANDO GYM PREMISES OR OFF-SITE), USE OF EAST ORLANDO GYM EQUIPMENT (WHETHER OR NOT DURING CLASS SESSIONS), AND WHILE TRAVELING TO AND FROM ANY OFF-SITE LOCATION FOR EAST ORLANDO GYM ACTIVITIES, EXERCISE, AND USAGE OF FITNESS EQUIPMENT. NOTWITHSTANDING THE FOREGOING, NONE OF THE PARTICIPANT PARTIES SHALL COMMENCE ANY ACTION OR PROCEEDING AGAINST ANY OF THE RELEASED PARTIES MORE THAN NINETY DAYS AFTER THE DATE ON WHICH THE EVENT TAKES PLACE, AND PARTICIPANT AND PARTICIPANT PARTIES BY AND THROUGH PARTICIPANT ACKNOWLEDGES THAT THIS LIMITATION CONSTITUTES AN EXPRESS WAIVER OF ANY RIGHTS UNDER ANY APPLICABLE STATUTE OF LIMITATIONS WHICH WOULD OTHERWISE AFFORD ADDITIONAL TIME FOR SUCH A CLAIM. IN THE EVENT OF ANY LAWSUIT, PARTICIPANT AND PARTICIPANT PARTES BY AND THROUGH PARTICIPANT HEREBY EXPRESSLY WAIVES THE RIGHT TO HAVE PARTICIPANT’S CLAIMS OR DEFENSES HEARD BY A JURY.
9.
NO REPRESENTATION OR WARRANTIES. NEITHER EAST ORLANDO GYM NOR ANY OF THE RELEASED PARTIES MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACTIVITIES, EXERCISE, FACILITIES, FITNESS EQUIPMENT, AND/OR INSTRUCTION CONNECTED WITH EAST ORLANDO GYM AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
10.
LIMITATION OF LIABILITY. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, NONE OF THE RELEASED PARTIES SHALL BE LIABLE TO THE PARTICIPANT, PARTICIPANT PARTIES, OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, UNDER STATUTE OR OTHERWISE, ARISING FROM ANY CLAIM DIRECTLY OR INDIRECTLY RELATING TO OR ARISING IN CONNECTION WITH THE EAST ORLANDO GYM OR THIS AGREEMENT.
11.
SEVERABILITY. If any provision in this Agreement is found to be invalid, unlawful, or unenforceable to any extent, such provision shall be excluded from this Agreement, the remainder of which shall continue to be valid, lawful, and enforceable in all other respects to the fullest extent permitted by law.
12.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to the conflict of law principles. Any controversy arising under this Agreement shall be adjudicated before a state or federal court of competent jurisdiction located in Orange County, Florida. By the execution and delivery of this Agreement, each party: (i) accepts, generally and unconditionally, the exclusive jurisdiction of such court and any related appellate court; and (ii) irrevocably waives any objection it may now or hereafter have as to the venue of any such suit, action, or proceeding brought in such a court or that such court is an inconvenient forum.
13.
Entire Agreement. This Agreement constitutes the sole and entire understanding between EAST ORLANDO GYM and Participant with respect to the subject matter hereof and supersedes all prior agreements, promises, proposals, representations, understandings, and negotiations, whether written or oral, between EAST ORLANDO GYM and Participant with respect to such subject matter hereof. No amendment, supplement, or modification to this Agreement shall be binding unless made in writing and signed by the parties hereto.
14.
I acknowledge and understand that EAST ORLANDO GYM has established rules and regulations pertaining to conduct, behavior, and activities of all participants and I agree to abide.
THIS DOCUMENT INCLUDES A RELEASE OF AVALON PARK HEALTH VILLAGE, LLC D/B/A EAST ORLANDO GYM & WELLNESS CENTER AND OTHERS FROM LIABILITY FOR PERSONAL INJURY, WRONGFUL DEATH, AND PROPERTY DAMAGE CAUSED BY NEGLIGENCE. I HAVE READ THIS DOCUMENT AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY AND A WAIVER OF RIGHTS.