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System of Strength, LLC
Waiver and Release of Liability
I hereby acknowledge and agree to the following:
I agree to abide by all the rules and regulations of System of Strength, LLC (“SOS”). I acknowledge and understand that the SOS programs, classes, sessions, training, coaching, instructional videos, and other health and fitness courses (collectively “Programs”), wherever located, are of a nature and kind that are extremely strenuous and will push me to my physical limitations. I acknowledge and understand that I am responsible for monitoring my own condition at all times. If, during exercise, unusual symptoms occur I will cease participating in the SOS Programs and will immediately consult my doctor for evaluation. I understand that the receipt of medical attention is my sole responsibility and SOS does not diagnose or treat disease or illness. I agree that I will not participate in SOS Programs while under the influence of alcohol or other drugs or while experiencing any condition (medical, psychological or chemical) that might impair my ability to make safe and sound judgments affecting my safety and the safety of other participants. I agree that if I am pregnant, I have consulted a doctor and have the doctor’s consent before participating in the SOS Programs. I further agree that I am over eighteen (18) years old and of sound mind. If I am under the age of eighteen (18), the undersigned parent or legal guardian acknowledges that he/she is signing this Waiver and Release of Liability on behalf of the minor participant and that the minor participant shall be bound by all the terms of this Waiver and Release of Liability. Additionally, by signing this release as the parent or legal guardian of a minor participant, the parent or legal guardian understands that he/she is waiving certain rights on behalf of the minor that the minor otherwise may have. The undersigned parent or legal guardian agrees that but for the foregoing, the minor participant would not be permitted to participate in the SOS Programs.
I acknowledge and understand that participating in SOS Programs is extremely strenuous with the accompanying risks and dangers generally present in such activities, including risk to my musculoskeletal system, cardio respiratory system, and that in some instances may result in serious health issues, such as Rhabdomyolysis, heart attack, stroke or even death. I also acknowledge and understand that SOS Programs are offered in all types of locations (studios, houses, stadiums, tracks, hills, parks, parking lots, sidewalks, alleys, streets) and conditions (high and/or low temperatures and humidity, inclement weather, under full sun) in which the risks inherent to those locations and conditions may cause serious health conditions, including, but not limited to (i) contact or collision with other participants, objects (including weights, plyometric boxes, walls, mirrors, fences, and other objects that may be lying in or around a location), automobiles and equipment, and other natural and man-made fixed objects and obstacles; (ii) equipment related hazards (including risk of fall on, over or from plyometic boxes), equipment failure (including breaking of bands, bars, weights), footing hazards (including slippery or wet studio flooring, asphalt or grass), (iii) weather-related hazards (including extreme heat, humidity, extreme cold, ice, rain, fog); (iv) inadequate or negligent first aid and/or emergency measures; (v) judgment- and/or behavior-related problems (including erratic or inappropriate contact from other participants); and (vi) natural hazards (including uneven terrain, potholes, rocky terrain, lightening strikes, flooding).
I acknowledge and understand that I am in proper physical condition, in good health and physically able to participate in SOS Programs and will participate in such Programs in a safe and proper manner, no matter the location or conditions in which the Programs are conducted. I acknowledge and understand that neither SOS nor any of its employees, independent contractors or agents is liable for any personal harm or injury that may occur as a result of my participation in an SOS Program including the risks inherent to such participation, or for injury that may be sustained as a result of my poor health, a pre-existing physical defect, a Program location or from weather occurring during a Program.
In consideration for being permitted to participate in the SOS Programs and my willingness to participate after fully understanding the risks involved, I, on behalf of myself, my personal representatives, assigns, heirs and next of kin, hereby RELEASE, REMISE, WAIVE, and DISCHARGE SOS, its affiliates, and their respective directors, members, managers, officers, employees, instructors, independent contractor and agents (collectively “Releasees”) from any and all liability, claims, losses, injuries, demands or damages (including personal injury, property damage and death) arising from or in any way connected with my participation in SOS Programs, including those liability, claims, losses, demands or damages caused by or attributed to the negligent acts or omissions of the Releasees. I further agree that the foregoing RELEASE AND WAIVER is intended to be as broad and inclusive as is permitted by the law of the State of Ohio and that if any portion is held invalid, I agree that the balance shall, notwithstanding, continue in full legal force and effect.
To the fullest extent permitted by law, I hereby agree to defend (with counsel reasonably satisfactory to SOS), protect, indemnify and hold harmless the Releasees from and against any and all liabilities, obligations, losses, damages, penalties, injuries actions, judgments, suits, claims, reasonable attorney fees, costs and expenses of any kind or nature incurred by a Releasee which relates to or arises from my own negligent acts or omissions while participating in the SOS Programs.
I further agree that I am solely responsible for the safety of my personal belongings and that SOS is not responsible for the safekeeping of my personal belongings. I hereby grant SOS, its agents, members, officers, employees, and agents full permission, with no obligation to compensate, to use my name and likeness, including the use of my name and likeness in any picture, video, motion picture, recording or other event for advertising purposes and for the promotion of SOS. I further understand that SOS and its designees have the full right to sell and/or profit from the commercial use of such pictures, videos, motion pictures and other recordings.
This Waiver and Release of Liability shall be governed by and construed under the prevailing law of the State of Ohio and the exclusive venue for any action between the parties related in any way to this Waiver and Release of Liability, SOS or the SOS Programs shall be Franklin County, Ohio.
I AGREE TO FULLY ASSUME MY RESPONSIBILITIES WHICH INCLUDE MAKING ARRANGEMENTS FOR AN APPROPRIATE MEDICAL EVALUATION. I AGREE THAT I SUFFER FROM NO LEGAL DISABILITIES OR CONDITIONS THAT WOULD LIMIT MY ABILITY TO ENGAGE IN PHYSICAL ACTIVITY.
BY SIGNING BELOW, I AFFIRM THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND I UNDERSTAND WHAT I HAVE READ. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I AM WAIVING ANY RIGHT THAT I HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST SOS FOR ITS NEGLIGENCE.
If the participant is under 18 years of age, the minor's legal guardian must sign this Waiver and Release of Liability form on behalf of the minor and write the minor's name, age and the word “minor” next to the legal guardian's name.
The SOS online portal requires members to receive digital purchase receipts from MindBody upon the purchase of any product or service. I hereby agree to receive purchase receipts via email to the email address provided. Please contact firstname.lastname@example.org with any questions or concerns.