Waiver & Release of Liability
I, the undersigned acknowledge the inherent risks involved when using any type of fitness equipment at and/or in the NorthEast Fitness facilities, and in all other sports and training sessions relating therein. Accordingly, as consideration in exchange for being allowed to participate in any exercise, fitness, athletic, sporting, and/or other activities at and/or sponsored by NorthEast Fitness, I agree to the following:
1. I acknowledge and fully understand that I will be engaging in activities that involve risk of serious injury, which may include permanent disability and even death and severe social and economic losses which might result not only from my actions but also from the action, inaction or negligence of others, the use of the facilities and/or equipment, or the condition of the premises, or any equipment used, and further that there may be risks not known to me or no reasonably foreseeable. I expressly assume all risks of injury, including death, which may occur in connection with my participation in activities with NorthEast Fitness.
2. I agree to assume all of the foregoing risks and accept full responsibility for my own damages following such injury, permanent disability, or death.
3. I release, waive, and discharge, and agree not to sue NorthEast Fitness, its owner, any parent company and any subsidiaries and all its respective agents, affiliates, associates, officers, directors, owners, and employees (collectively "Releases") from demands, losses, damages on account of any bodily injury, death or property damage caused or alleged to be caused while or in part by Releases or any other party’s actions, inactions, or otherwise. I also agree to indemnify Releases from any and all third party claims caused in whole or in part by my actions.
4. I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as NorthEast Fitness may deem appropriate. This Release extends to any liability arising out of or in anyway connected with the medical treatment and transportation provided in the event of an emergency.
5. I expressly agree that the terms of the release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of the state of New York. Any provision or portion of this Waiver, Release and Indemnity Agreement found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion. The offending provision or portion shall be construed to the maximum extent possible to confer upon the parties the benefits intended thereby. Said provision or portion, as well as the remaining provisions or portion hereof, shall be construed and enforced to the same effect as if such offending provision or portion thereof had no be contained herein.
6. USE OF PICTURE(S)/FILM/LIKENESS: I agree to allow NorthEast Fitness, its agents, officers, principals, employees and volunteer's the picture(s), film and / or likeness of me for advertising purposes. In the event I choose not to allow the use of the same for said purpose, I agree that I must inform NorthEast Fitness of this in writing.