Waiver of Liability, Assumption of Risk, and Indemnity Agreement
Waiver: In consideration of permission to use, today and on all future dates, the property, facilities, staff, equipment, exercise instruction including but not limited to special classes in stretching, aerobics, toning, and weight work and all other services of Richard Giorla and all other instructors (hereinafter referred to as “CARDIO BARRE®”), I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Cardio Barre®, its directors, officers, employees, and agents from liability of Cardio Barre® resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, classes, observation, and use of facilities, premises or equipment.
Assumption of Risks: Physical activity, by its very nature, carries with it certain inherent risks that cannot be
eliminated regardless of the care taken to avoid injuries. Cardio Barre® has facilities for and provides for activities such as weightlifting, aerobic activities, and classes. Some of these involve strenuous exertions of strength using various muscle groups. In addition, I fully understand that at any time during the physical activity, instructors may apply a physical touch to correct technique and proper form when needed. If this is not acceptable, I must inform the instructor prior to class or will not take part in the class. I have read the assumption of risk section and I know, understand, and appreciate these and other risks that are inherent in the
activities made possible by Cardio Barre® and hereby assert that my participation is voluntary and that I knowingly assume all such risks.
Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD Cardio Barre® HARMLESS from any
and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees brought as a result of my involvement at Cardio Barre® and to reimburse them for any such expenses incurred. Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.