M.O. Town Fitness Waiver and Release of Liability
24 Hour Member Access
M.O Town Fitness 520 El Roblar Dr. Ojai, Ca, 93023
Express assumption of risk: I, the undersigned, am aware that there are significant risks involved in a physical training regimen. These risks include, but are not limited to falls, mechanical injuries, communicable diseases and over exertion. These risks can result in serious injury or death due to negligence on the part of my training partner, myself, or people around me. Injury or death due to improper use or failure of equipment or simply from the physical training itself. Excessive work can result in exertional rhabdomyolysis. I should look for signs of excessive soreness, darkened urine, and pain in the kidney areas in the days following a particularly intense workout. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in an activity or class while training with M.O Town Fitness.
Furthermore, I am aware that use of M.O Town Fitness property and equipment during unstaffed hours ( commonly called “24 Hour Member Access”) carries increased risk and responsibilities. Use of the facility during unstaffed hours is only allowed for current members with a copy of this specific waiver and release of liability on file. Members may only use the facility in groups of two or more. No guests or minors are allowed in the facility during unstaffed hours. All members are required to sign in when entering. An orientation is provided to all members prior to granted permission to use the facility. Use of the entry system, safety guidelines and gym rules will be covered by M.O. Town Fitness staff prior to members use of facility. Failure to adher to the safety guidelines and gym rules will result in immdiate revocation of Key Club privileges.
I, undersigned acknowledge that I have no physical impairments or illnesses that will endanger myself or others and have been fully briefed on safety guidelines and gym rules.
Release: In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities available at M.O Town Fitness. I, the undersigned hereby release M.O. Town Fitness, their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise from, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties.
This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If i am signing on behalf of a minor child, I also give full permission for any person connected with M.O. Town Fitness to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the wellbeing of the child.
Indemnification: The participant recognizes that there is a risk involved in the types of activities offered by M.O Town Fitness. Therefore, that participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless M.O Town Fitness their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by M.O Town Fitness
I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing, it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.