WAIVER AND ASSUMPTION OF RISKS READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS ("Client") in exchange for participation in the
activity of Personal Training and/or use of the property, facilities and services of TWC Fitness, LLC of 1420 S. Mint Street, Suite D Charlotte, NC 28203 enter into this Waiver and Assumption of Risks (this “Agreement”) on behalf of myself and (if applicable) for the members of my family.
Client understands participation in Personal Training is voluntary and involves risk. In consideration of the risk of injury and as consideration for the right to participate in Personal Training, Client hereby agrees to the following: PERSONAL TRAINING ACTIVITIES. I understand that Personal Training may include various activities including, but not limited to, training; exercise; aerobics and aerobic conditioning and training; weight training; circuit training; cardiovascular exercise and training; use of machinery, training equipment, free weights, circuit machinery, and cardiovascular machines; stretching; weight lifting; and any other training activities, techniques, and/or exercises. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by TWC Fitness, LLC, or the employees, representatives or agents of TWC Fitness, LLC. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with Personal Training and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge TWC Fitness, LLC for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of TWC Fitness, LLC, whether caused by the fault of myself, my family, TWC Fitness, LLC, or other third parties. INDEMNIFICATION. I agree to indemnify and defend TWC Fitness, LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of TWC Fitness, LLC. NEGLIGENCE. TWC Fitness, LLC shall not be liable in any manner to Client or any other party for injury or death caused by Client’s negligence, gross negligence or willful misconduct. TWC Fitness, LLC shall not be liable in any manner to Client or any other party for injury or death caused by TWC Fitness, LLC negligence or willful misconduct. This shall include gross negligence to the full extent permitted by law. FEE. I agree to pay for all damages to the facilities of TWC Fitness, LLC caused by any negligent, reckless, or willful actions by me or my family. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that TWC Fitness, LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement. ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision, as the case may be, and such invalid or unenforceable provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
DISPUTE RESOLUTION. The Parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation. If mediation does not successfully resolve the dispute, then the Parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to this by law. EMERGENCY CONTACT. In case of an emergency, please contact: I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS. This Waiver and Assumption of Risks is executed on the date below, and is a material part of, and is incorporated by reference into the Personal Training Agreement executed by Client. Submit