1. I, the undersigned, in consideration for being allowed to participate in a fitness class, personal training session, group class, event and promotion, hereby WAIVE AND RELEASE, DISCHARGE AND HOLD HARMLESS Tony Temple d/b/a/ Temple Made Fitness and its officers, employees, agents, and representatives (collectively, the “Releasees”) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activity, while in, on or upon the premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASEES, or otherwise, and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.
2. I am fully aware of the risks and hazards connected with fitness activities, and I am aware that such activities include the risk of injury and even death, and I hereby elect to voluntarily participate in said activities, knowing that the activities may be hazardous to me. I understand that the Releasees do not require me to participate in this activity or even recommend that I do so. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such an activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
3. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the Releasees from any loss, liability, damage, or costs, including but not limited to court costs and attorneys’ fees, that the Releasees may incur due to my participation in said activities, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
4. It is my express intent that this WAIVER AND RELEASE OF LIABILITY shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the Releasees. I hereby further agree that this WAIVER AND RELEASE OF LIABILITY shall be construed in accordance with the laws of the State of Missouri. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
IN SIGNING THIS WAIVER AND RELEASE OF LIABILITY, I ACKNOWLEDGE AND REPRESENT THAT: I have read and completely understand it, and sign it voluntarily as my own free act and deed; no other oral representations, statements, or inducements have been made to me; I am at least eighteen (18) years of age and fully competent; and I execute this WAIVER AND RELEASE OF LIABILITY for full, adequate and complete consideration, fully intending to be legally bound by same. IN WITNESS WHEREOF, I have signed this WAIVER AND RELEASE OF LIABILITY effective as of the date below.
