WAIVER & RELEASE

IMPORTANT INFORMATION

MindStrong, LLC DBA MindStrong Fitness requires that all participants follow safety rules and instructions that are designed to protect the participant’s safety. Participants must recognize that there is an inherent risk of injury when choosing to participate in any fitness activity.

You are solely responsible for determining if you are physically fit and/or adequately skilled for fitness activities. It is always advisable, especially if the participant is pregnant, suffers from an underlining medical condition, takes medication, smokes cigarettes, has a family history of coronary disease, or has recently suffered an illness, injury or

impairment, to consult a physician before undertaking any fitness center activity.

WARNING OF RISK

Fitness activities such as resistive weight training, use of stair machines, jogging, free weights, and other training devices are intended to challenge and engage the physical, mental and emotional resources of the participant. Despite careful and proper preparation, instruction, medical advice, and conditioning, there is still a risk of serious injury. Depending on the particular activity, certain risks, dangers and injuries due to overexertion, improper technique, ignoring safety precautions, failing to follow instructions, slips and falls, unfamiliarity with the equipment and/or exercise, equipment failure, failure in supervision/instruction, premises defects and other risks inherent to the particular activity exist. Depending upon a person’s physical condition, age and/or skill level, fitness activities can involve a substantial risk of the following types of injuries. This list is by no means complete, but includes some of the more common ones: (i) heart attack, stroke and circulatory problems, (ii) bone and joint injuries, (iii) back and neck injuries, (iv) shin splints, (v) muscle strain and other muscle injuries, and (vi) foot problems.

MEDICAL EXAMINATION

All participants are strongly encouraged to have a complete physical examination by a medical doctor prior to beginning any activity. If a participant has a history of heart disease, he/she should consult a physician before participating in any fitness center activity.

AUTHORIZATION

In the event of any emergency, I authorize MindStrong, LLC to secure from any accredited hospital and/or physician any treatment deemed necessary for my immediate care and agree that I will be responsible for payment for any and all medical services rendered.

WAIVER AND GENERAL RELEASE OF ALL CLAIMS AND ASSUMPTION OF RISK

Please read this form carefully and be aware that in signing up and participating in any fitness activity, you will be expressly assuming the risk and legal liability and waiving and generally releasing all claims for injuries, damages or loss which you might sustain as a result of participating in any and all activities connected with and associated with any fitness activities.

I recognize and acknowledge that there are certain risks of physical injury to participants in any fitness activities, and I voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that I may sustain as a result of said participation. As a material inducement for MindStrong, LLC to permit me to partake in training services, I hereby waive and hold MindStrong, LLC Parties harmless for any and all claims and damages (including legal fees) present or future, foreseen or unforeseen, anticipated or unanticipated (collectively “Claims”), I may have (or accrue to me) against MindStrong, LLC, including its shareholders, directors, agents, employees, and affiliated companies and partnerships and generally release MindStrong, LLC Parties from any and all Claims, including but not limited to those involving: (i) participating in any supervised or unsupervised fitness activities, (ii) use of any fitness center equipment, (iii) any loss or theft of personal property, and (iv) accidental injuries, such as “slip and fall” injuries within the fitness center.

I am fully aware of the risks associated with strenuous physical activity; I am in good medical condition/health; I have no medical condition which would prevent me from safely participating in this activity; I have medical clearance to participate. I knowingly and willingly assume all such risks and acknowledge that my participation in this activity is fully voluntary. In consideration of my participation in this activity, I, on behalf of myself, my heirs, assigns, executors, administrators and representatives, hereby release and hold harmless MindStrong, this venue, and any respective employees, instructors, agents, successors and assigns (collectively, “Releasees”), from any and all liability, loss, damage, costs, claims and/or causes of action of every kind and nature, including but not limited to those for bodily injuries, death, and property damage arising out of or relating to my participation in this activity, even if caused by the negligence of the Releasees. I understand that this waiver is intended to be as broad and inclusive as permitted by the laws of Florida and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I further agree that this agreement shall be governed by the law of Florida. I affirm that I am of legal age and am freely signing this agreement. If I am not of legal age, the signing of this agreement shall be witnessed and signed by my parent or guardian. I have read this form and fully understand that by signing this form I am agreeing to abide by all venue guidelines and guidelines of the venue premises regarding the use of its recreational facilities. I further understand that by signing this form, I am giving up legal rights and/or remedies, which may be available to me against the Releasees. 

I have read and fully understand the above important information, warning of risk, authorization, assumption of risk, and waiver and generally release of all claims.