WAIVER
Waiver and Release of Liability
By checking the acceptance box below, I (hereinafter identified as the “Participant”), in consideration for being allowed to participate in the classes, training and activities of Pedal and Pump, LLC (“P2”) and to use P2’s services, facilities, equipment and machinery, in addition to the payment of any fee or charge for said participation and use, do hereby expressly agree as follows: Participant acknowledges, agrees and represents that he/she has consulted with a physician prior to participating in any exercise and/or fitness class or activity offered by P2 or engaging in the use of exercise and training equipment of P2. Participant acknowledges that he/she has either had a physical examination and received a physician’s permission to participate, or that Participant knowingly and voluntarily chooses to participate in P2’s classes, training or activities and use of equipment or machinery without a physician’s approval, with the full knowledge and understanding that the intent of P2’s classes, training and activities are to have the Participant achieve a personal heart rate of 80% of max heart rate or better for a majority of the workout. Any proscriptions made by a Participant’s physician must be furnished to P2 ownership in writing addressed to 1022 McBride Avenue, Woodland Park, New Jersey 07424 or knowledge by P2 of contraindications shall be deemed to not exist. Participant further acknowledges, agrees and represents that Participant is physically sound and not suffering from any illness, impairment, disease, infirmity or other condition that would prevent Participant from engaging in any classes, training or activities or using any equipment or machinery of P2. Participant acknowledges and understands that the workouts recommended and/or instructed by P2 and its coaches and trainers are physically challenging both cardiovascular and strength wise and a prior base of regular cardiovascular and strength training by Participant is required. Participant understands and is aware that fitness activities, including but not limited to participation in P2 classes and/or the use of P2 equipment, are potentially hazardous activities and have inherent risk and dangers. Participant also understands and is aware that fitness activities, and the use of fitness equipment, including but not limited to, indoor bikes, weights, cable machines etc., has both foreseeable and unforeseeable dangers and involve the risk of bodily injury, strains, fractures, partial and/or total paralysis, disability and even death, and that Participant hereby agrees that he/she is voluntarily participating in these activities and using the equipment and machinery of P2 with knowledge of the risks and dangers involved. Participant also hereby agrees to expressly assume and accept any and all risks of illness, injury, physical harm or death. Participant, on behalf of himself/herself and Participant’s personal representatives, heirs, executors, successors and/or assigns, hereby knowingly and voluntarily agrees to waive, release, hold harmless, indemnify, defend and forever discharge P2 and its directors, officers, agents, employees, successors and assigns, administrators and executors from any and all claims, demands, actions, liabilities, and/or damages arising out of or in any way relating to Participant’s engagement in any classes, training or activities of P2 or from Participant’s use of P2’s services, facilities, equipment and/or machinery. This Waiver and Release of Liability specifically includes, but is in no way limited to, (a) any loss or damage to personal property, (b) any theft of property or monies by a third party not affiliated with P2, and (c) any illness, injury or physical harm to Participant that occurs for any reason whatsoever, including but not limited to any negligent or careless act or omission by an instructor, personal trainer, employee, representative or agent of P2. The Participant hereby affirms that he/she has read this Waiver and Release of Liability, understands it, and agrees that it is Participant’s knowing and voluntary intention to forever discharge and release P2 from liability for personal injury, property damage or wrongful death caused by any reason whatsoever, including but not limited to negligence, carelessness or any other cause.
