By ticking the box below, Participant acknowledges that any strenuous athletic or physical activity involves certain risks. Participant (and his or her guests) assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of F45 Training Fairfield USA’s (“F45”) facilities, equipment or services (collectively “Classes and Facilities”). F45 cannot guarantee that any facility or equipment is free of risk. Participant agrees to use care in the use of F45’s Classes and Facilities, and to protect against accidents by other participants. F45 reserves the right, at its sole discretion, to cease to provide services, stop working with, and/or remove any person (or persons) who F45, in its sole discretion, feels presents potential harm, danger or disruption to themselves or anyone around them, while engaging in any training or receipt of any other services.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Participant agrees to release and hold harmless F45 Training Pty Ltd., Pier Way Partners, LLC (DBA: F45 Training Fairfield USA), their Directors, Officers, Agents and Employees (hereinafter collectively “Releasees”) from any and all liability, whether based on negligence, contract, tort, statute or otherwise, for any claim (including third party claims by the Owners of the premises or other persons or entities), judgement, loss, liability, cost and expenses (including, without limitations, attorney’s fees and costs) arising out of or connected in any way with the Classes and Facilities, training, products, or other interaction Participant has with F45 or any Releasee (collectively, the “Services”), including but not limited to any claim arising out of or connected in any way with (i) any illness or injury (minimal, serious, catastrophic and/or death) that Participant may incur or sustain during or in any way in connection with the Services (whether or not at the premises and whether or not relating to any new or pre-existing condition, disclosed or undisclosed), (ii) any act or omission of any kind or character (whether negligent, grossly negligent, tortious or otherwise) of any employee, consultant, other independent contractor or other representative of F45 (whether at the premises, in connection with the Services, or otherwise) and (iii) all activities associated or connected in any way with the Services and while traveling to and from the premises, in each of the foregoing cases whether or not the Services are actually rendered in full or in part. Participant further expressly agrees to indemnify and hold harmless Releasee and Releasees’ heirs, succesors, assigns, executors and administrators, against loss from any further claims, demands or actions that may subsequently be brought by Participant or by any other persons on the account of damages of any character resulting to Participant in any way from the foregoing activities. Participant further agrees to reimburse and to make good to Releasees any loss, damages, or costs Releasees may have to pay as a result of any such action, claim or demand, including but not limited to attorney’s fees. Participant understands that the foregoing waivers and indemnities are a material inducement to F45 to allow Participant to receive the Services, that F45 is expressly relying on such waivers and indeminities in allowing Participant to receive the Services, and that but for such waivers and indemnities Participant would not be permitted to receive the Services.
Participant agrees that F45 will not accept responsibility for loss or damage to any personal belongings left unattended on the premises.