WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participation in FITNESS CENTER
ACTIVITIES (hereinafter the “Activity”); and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives
(hereinafter collectively, “Releasor”, “I” or “me”, which terms shall also include Releasor’s parents or
guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into the WAIVER AND
RELEASE OF LIABILITY and hereby waive any and all rights, claims or cause of action of any kind
arising out of my participation in the Activity; and
I HEREBY release and forever discharge Revival Faith and Fitness {Address}, their affiliates, manager, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively “Releasees”). From any physical or psychological injury that I may suffer as a direct result of my participation in the Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM
PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS
ASSOCIATED WITH PARTICIPATING IN THE IS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT
LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS,
DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS),
ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR
OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS AT THE
ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND
UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Revival Faith and Fitness to provide all emergency medical care deemed necessary, including but not limited to , first aid, CPR, the use of AED’s, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person’s physical and mental
limits and may carry with it the potential for death, serious injury, and property loss. I agree not to
participate in the Activity unless I am medically able and properly trained, and I agree to abide by the
decision of Revival Faith and Fitness's official or agent, regarding my approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THESE “WAIVER AND RELEASE”
AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO
RELEASE AND DISCHARGE Revival Faith and Fitness AND ALL OF ITS AFFILIATES, MANAGER, MEMBERS,
AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS,
SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSE OF ACTION AND I
AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Revival Faith and Fitness FOR PERSONAL INJURY OR PROPERTY DAMAGE.
Mandatory Arbitration & Waiver of Jury Trial
Any dispute, claim, or controversy arising out of or relating to this Agreement or Member’s use of the Facility shall be resolved exclusively by binding arbitration, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, and not in court.
MEMBER AND FACILITY EACH KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Arbitration shall be conducted in Broward County, Florida, and judgment on the award may be entered in any court of competent jurisdiction.
To the extent that statue or case law does not prohibit release for ordinary negligence, this release is also for such negligence on the part of {DBA}, its agents, and employees.
I agree that this Release shall be governed for all purposes by Florida law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s or my
agent’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions or neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arms-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, {name} and Revival Faith and Fitness agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
In the event of an emergency, please contact the following person(s) in the order presented
{contact_name}
{contact_phone}
{contact_relation}
I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.
Participant’s Name: {name}
Participant’s Address: {address}
PARENT / GUARDIAN WAIVER FOR MINORS
In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent/guardian, as follows:
I HEREBY CERTIFY that I am the parent or guardian of , named above, and do hereby give my consent without reservation to the foregoing on behalf of this individual.
Parent / Guardian Name:
Relationship to Minor
Date: