Physical exercise carries within it the inherent risk of injury, from minor cuts and scrapes to serious injuries such as broken bones, organ damage, and even death. By signing this agreement and by participating in training of any kind or type with Eastman Fitness and Wellness (“Eastman Fitness”), regardless of location, acknowledge these risks and assume all liability and responsibility for those risks, unless otherwise prohibited by law. You also acknowledge that by signing this agreement, you have been advised to consult your physician before beginning any physical exercise routine and before making any changes in your diet or using supplements that may be recommended by Eastman Fitness.
Having read the above paragraph and the remainder of this document, and having an appreciation for and an understanding of the risks associated with physical activity, dietary changes, and supplement use (hereinafter referred to as “training activities”), you hereby affirm and swear that your participation in training activities with Eastman Fitness is voluntarily and that you agree to all of the following:
I assume all of the risks that may or can arise out of participating in training activities, including but not limited to the physical activities themselves, the use of equipment/field/facilities, the acts of others, or the unavailability of emergency care, and release Eastman Fitness from all liability concerning or relating to training activities to the fullest extent allowed by law. I agree agree not to sue Eastman Fitness for any reason resulting from or associated with my participation in the training activities. This waiver and release is intended to include all claims for injuries, accidents, illnesses, or property loss, whether known or unknown or anticipated or unanticipated, which are in any way related to or associated with Eastman Fitness or training activities.
I, on behalf of myself and/or my heirs, personal representatives, and/or assigns, also agree to indemnify and hold harmless Eastman Fitness, as well as its affiliates, assigns, partners, members, employees, independent contractors, volunteers, officers, directors, and agents or any other person or entity associated in any way with Eastman Fitness from any and all claims, causes of actions, lawsuits, arbitrations or proceedings as well as from any expenses, judgments, costs, fees, damages, expenses and/or liabilities, including attorneys’ fees
MINORS. If the individual who will be participating in training activities with Eastman Fitness is a minor, I hereby represent and guaranty that I am the parent and/or legal guardian of the individual listed below and I consent to the minor’s participation in such activities. I understand and acknowledge that I am fully aware of an assume all of the risks described above connected with training activities, I recognize my responsibility to ensure that the minor child only participates in activities that are suitable for him/her, and that all of the releases, waivers, agreement to hold harmless, and other provisions contained in this agreement apply in full force and effect to the minor’s participation in training activities. I agree, personally and on behalf of the minor child, to assume all risks and responsibilities surrounding the minor’s participation in training activities or use of Eastman Fitness facilities, broadly defined.