Terms & Conditions
THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS AND OBLIGATIONS TO INDENMIFY.
PLEASE READ CAREFULLY BEFORE SIGNING.
1. In consideration of Sweat Equity Cycle Studio, LLC (“Owner”) allowing the undersigned participant (the “Participant”) to enter upon Owner’s gym facilities and use the equipment thereat (the “Facilities”) and participate in the fitness and biking activities therein (the “Classes”), Participant, for himself/herself if Participant is over the age of 18, or on behalf of Participant by Participant’s parent or legal guardian if Participant is under the age of 18 (in such case, Participant and such parent or legal guardian shall constitute the “Participant”), hereby represents, warrants, and agrees to the terms of this Release of Liability and Waiver (“Release”).
2. Participant agrees to be familiar with and abide by such rules and regulations as Owner may adopt from time to time regulating the use of the Facilities and participation in the Classes, whether posted at the Facilities or otherwise communicated by Owner (the “Rules”), and accepts sole responsibility for Participant’s own conduct and actions while on the Facilities and participating in the Classes. If at any time Participant is in violation of this Release, the Rules, or other instruction given by Owner or Owner’s representatives to Participant, Participant shall no longer be allowed to be on the Facilities, participate in any Classes, or use any of Owner’s equipment, and Participant agrees Owner shall have the right to expel Participant therefrom.
3. Participant acknowledges and agrees that Participant will inspect the condition and suitability of the Facilities for Participant’s use prior to each use and agrees that Participant will only use such Facilities if Participant accepts the Facilities in their AS-IS/WHERE-IS condition.
4. Participant acknowledges that the bike equipment manufacturer limits use of the bike equipment only for Participants weighing between and pounds and whose height is between and , and that certain Classes may have strobe lights and/or other lighting effects and may be accompanied by loud music. Participant agrees that Participant is within these manufacturer-set limits and represents that Participant is in good health and in proper physical condition to use the equipment and participate in the Classes. Participant is not and will not at any time while at the Facilities or participating in any Classes be under the influence of alcohol or any illicit or prescription drugs that would in any way impair Participant’s ability to safely use the Facilities or participate in any such Classes. Participant acknowledges that participation in the Classes requires Participant to be in good health and fitness, and that prior to any such participation, Participant is recommended to consult with a medical professional as to whether or not Participant should participate in such Classes. By participating in any Classes, Participant agrees that Participant is healthy and able to participate in such Classes without risk of injury or harm, and by so participating, Participant freely and expressly ASSUMES and ACCEPTS ANY AND ALL RISKS OF INJURY OR DEATH while participating in the Classes.
5. Participant HEREBY FULLY RELEASES, WAIVES, AND DISCHARGES Owner and Owner’s related and affiliated entities, their respective members, officers, directors, agents, servants, employees, guests, and insurance company(s) (“Released Parties”) from any liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury, including death, that may be sustained by Participant while on the Facilities and participating in the Classes (“Losses”), except to the extent any such Losses arise out of or result from the Released Parties’ gross negligence or intentional misconduct. Participant further agrees to defend, indemnify and hold harmless the Released Parties from any and all Losses, including attorneys’ fees and costs, claimed against or incurred by any of the Released Parties as the result of or relating to any claim against such entity(s) by any person, except to the extent any such Losses arise out of or result from the Released Parties’ gross negligence or intentional misconduct.
6. In the event a child and/or minor for whom Participant acts as legal guardian seeks legal action against the Released Parties, Participant agrees to defend, indemnify and hold harmless the Released Parties, at Participant’s sole cost and expense, from and against any and all Losses, however caused, resulting directly or indirectly from or pertaining to participation in use of the Facilities and participation in the Classes, including, without limitation, such loss, claims, costs, expenses, damages or liabilities arising from the death or injury any party, except to the extent any such Losses arise out of or result from the Released Parties’ gross negligence or intentional misconduct. Upon the written request of Owner, Participant shall assume full responsibility for the defense of any action requiring indemnification under this Release. Owner may opt to participate in any such defense.
7. Participant agrees that all disputes between Participant and the Released Parties will be governed by the laws of the State of Washington, and exclusive jurisdiction will be in the state court residing in Chelan County or the Federal District Court for the Eastern District of Washington.
8. In the event any section of this Release is found to be unenforceable, the remaining terms shall be fully enforceable. This release shall be binding upon all heirs, next of kin, executors, personal representatives, and may be pled by Owner as a complete bar and defense against any claim, demand, action or causes of action by or on behalf of Participant.