WAIVER/RELEASE OF LIABILITY
WHEREAS I, ____ _________________________, will be participating in one or more physical fitness program(s) (each, a “Program”) offered by JOHNNY’S FIT OHANA and/or its principals, owners, trainers, agents and representatives (collectively, “JDS Fitness”), and as I have reviewed and understand this waiver, I agree to the following:
- I acknowledge that my participation in the Program is purely voluntary.
- I recognize that the Program may involve strenuous physical activity (including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities), that such physical activity may result in injury (including, but are not limited to, risk of injury, aggravation of a pre-existing condition, or adverse effect of over-exertion such as muscle strain, abnormal blood pressure, fainting, disorders of heartbeat, and very rare instances of heart attack) and I am fully aware of the risks and hazards involved.
- I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in this Program. I understand that if I have any pre-existing injuries, or health conditions, that I have obtained my physician(s)’ approval in order to begin this Program. I agree that if at any point during my workout I begin to feel faint, dizzy, or have physical discomfort, I will stop immediately and consult a physician. I agree I am fully responsible for all costs involved in my participation in the Program, including, without limitation, any equipment costs or medical costs.
- I am, at all times, responsible for my own safety as well as the safety and security of my personal belongings while participating in the Program. I am well aware that theft, loss, accidents and/or injury may sometimes occur during physical activity.
- In consideration of my participation in this Program, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Program and I acknowledge that JD Fitness disclaims any and all liability from and in connection with the Program. I HEREBY RELEASE, WAIVE, DISCHARGE AND CONVENANT NOT TO SUE JDS FITNESS OR ANY OF ITS PRINCIPALS, OWNERS, TRAINERS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, “RELEASEES”) FROM ALL LIABILITY TO ME, MY PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN FOR ANY LOSS OR DAMAGES, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY TO THE PERSON (INCLUDING DEATH) OR PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE WHILE PARTICIPATING IN THE PROGRAM. I AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES AND EACH OF THEM FROM ANY LOSS, LIABILITY, DAMAGE OR COST THEY MAY INCUR DUE TO MY PARTICIPATION IN THE PROGRAM, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
- This Waiver/Release of Liability shall be governed by and construed in accordance with the laws of the State of Hawaii. If any term or provision of this Waiver/Release of Liability or any application thereof shall be found to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions hereof, other applications thereof or the whole of this Waiver/Release of Liability.
I HEREBY AFFIRM THAT I HAVE READ AND FULLY UNDERSTAND THE ABOVE STATEMENTS. I voluntarily agree to the terms and conditions stated above.
Agreed to this ___________ day of __________ in the year 20__.
SIGNATURE OF PARTICIPANT
If participant is under 18 years old: AS A PARENT OR LEGAL GUARDIAN OF ________________________________________, I CONSENT TO THE ABOVE TERMS AND CONDITIONS.
DATE SIGNATURE OF PARENT/GUARDIAN OF PARTICIPANT