In consideration of being allowed to participate in any classes, activities, or events at Higher Ground Fitness, I hereby acknowledge, agree, and represent the following:
1.Assumption of Risk:
I understand and acknowledge that participating in any physical exercise or activity, including those offered at Higher Ground Fitness, involves inherent risks of injury, illness, or even death. These risks include, but are not limited to, muscle strains and sprains, joint injuries, cardiovascular incidents, or aggravation of existing conditions.
I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained as a result of my participation in any Higher Ground Fitness activities, whether supervised or unsupervised, in the studio or outside of the studio premises.
2.Health & Medical Clearance:
I affirm that I have consulted with a physician regarding my ability to participate in physical activities offered at Higher Ground Fitness and have received approval to engage in such activities. I have disclosed any relevant health conditions, such as cardiovascular issues, musculoskeletal problems, or any other condition that may impact my participation.
I agree to inform Higher Ground Fitness in writing of any changes to my health that may impact my ability to participate in classes or activities.
3.Release of Liability:
I hereby waive, release, discharge, and covenant not to sue Higher Ground Fitness, its owners, directors, officers, employees, instructors, agents, contractors, landlords, or any other representatives (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, or causes of action related to any loss, damage, or injury (including death) that may be sustained by me or my property while participating in Higher Ground Fitness activities, whether caused by the negligence of the Released Parties or otherwise.
This waiver and release extends to any personal injuries sustained on equipment provided by Higher Ground Fitness, in the studio facilities, or during any classes, workshops, or events organized by Higher Ground Fitness.
4.Indemnification:
I agree to indemnify and hold harmless the Released Parties from any loss, liability, damage, or costs, including attorney’s fees, that may arise from my participation in any Higher Ground Fitness activities, whether caused by the negligence of the Released Parties or otherwise.
This indemnification extends to any claims brought against the Released Parties by third parties due to my conduct or participation in Higher Ground Fitness activities.
5.Fitness Equipment & Facility Use:
I acknowledge that I am familiar with the proper use of any equipment that I may utilize during my participation and understand that improper use may result in injury. I agree to follow all safety instructions and guidelines provided by Higher Ground Fitness staff and instructors.
I understand that the use of certain fitness equipment, such as the proprietary HGF Machines, may pose specific risks, and I assume full responsibility for using the equipment properly and within my abilities.
6.Photo & Video Release:
I hereby grant Higher Ground Fitness permission to take and use photographs or video footage of me for promotional purposes, including but not limited to social media, the Higher Ground Fitness website, and other marketing materials.
I understand that I will not receive any compensation for the use of such images or video and waive any right to ownership or royalties as a result of their use.
7.Minors:
If I am signing on behalf of a minor (under 18 years of age), I acknowledge that I am the legal parent or guardian of the minor and have the legal right to consent to this waiver and release. I accept full responsibility for the minor’s participation and the associated risks and liabilities.
8.Severability:
If any portion of this waiver and release is found to be invalid or unenforceable, the remaining portions will continue in full force and effect.
This waiver is intended to be as broad and inclusive as permitted by the laws of the state of Massachusetts, and I agree that if any portion is held invalid, the remainder will still be enforceable.
9.Acknowledgment of Understanding:
I have read this waiver and release and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue the Released Parties, and I sign it voluntarily, with full knowledge of its significance.
By signing below, I agree to abide by all policies, procedures, and rules set forth by Higher Ground Fitness and acknowledge that I have had the opportunity to ask any questions related to this waiver and release.