Assumption of Risk and Liability Waiver
We are so happy to have you join us at FLEXX Studios! Before participating in any group classes, privates or semi-private sessions or any activities in or hosted by FLEXX Studios, you must read and agree to our
Assumption of Risk and Liability Waiver.
The purpose of this release and waiver (this “Waiver”) is to:
Inform you about the activities you will be participating in at FLEXX Studios and what the risks of those activities are; Have you acknowledge that you are healthy enough to participate in the activities; Have you choose to voluntarily participate in the activities with a full understanding of the risks; and Release us from any and all liability related to you participating in workouts or events at or hosted by FLEXX Studios.
PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. BY SIGNING, YOU UNDERSTAND YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.
By signing up for and/or attending classes in studio or online, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of PPW 1300 Broadway, INC. (dba FLEXX Studios) I hereby acknowledge on behalf of myself, my heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in fitness activities and exercise equipment in association with the Classes and Facilities. I acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. I also acknowledge that the specific risks vary from one activity to another but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, I shall
comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff. If in the subjective opinion of the FLEXX Studios staff, I would be at physical risk participating in FLEXX Studios Classes, I understand and agree that I may be denied access to the Classes and Facilities until I furnish FLEXX Studios with an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing FLEXX Studios concerns and stating that FLEXX Studios concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, I hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless FLEXX Studios, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that I (a) have no medical or physical condition that would prevent me from properly using any of FLEXX Studios Classes and Facilities, (b) do not have a physical or mental condition that would put me in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. I acknowledge that if I have any chronic disabilities or conditions, I am at risk in using FLEXX Studios Classes and Facilities and should not be participating in any Classes.
Release, Waiver, and Indemnity. YOU HEREBY RELEASE PPW 1300 BROADWAY, INC. (dba FLEXX Studios) AND ITS DIRECTORS, OFFICERS, CONTRACTORS, EMPLOYEES, VOLUNTEERS, AGENTS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, FAMILY MEMBERS, AND ASSIGNS (THE “RELEASED PARTIES”), TO THE FULLEST EXTENT PERMITTED BY LAW, FROM ANY LIABILITY AND DAMAGES ARISING FROM PERSONAL INJURIES OR DEATH, HOWEVER CAUSED, INCLUDING OUT OF NEGLIGENCE, DURING YOUR PARTICIPATION IN THE ACTIVITIES AT FLEXX STUDIOS. YOU ARE RELEASING THE RELEASED PARTIES AT YOUR OWN RISK AND YOU AGREE TO FORFEIT ANY AND ALL FORMS OF LEGAL RECOURSE WHICH MAY BE AVAILABLE TO YOU, INCLUDING BUT NOT LIMITED TO ANY FORM OF DAMAGES, AS A RESULT OF YOUR PARTICIPATION IN THE ACTIVITIES.
You agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future. If FLEXX Studios, incurs attorney’s fees and costs to enforce this Waiver, you agree to reimburse FLEXX Studios for such fees and costs.
Choice of Law This Website, and your use hereof, is governed by the laws of the State of California, without regard to California’s choice of law provisions, and any claim arising out of your use of this Website must be brought in California.
Revised Terms and Conditions: FLEXX STUDIOS may at any time revise these Terms and Conditions by updating this posting. By using this Website, you agree to be bound by any such revisions and should
therefore periodically visit this page to determine the then current Terms and Conditions to which you are bound.
General Legal Provisions. Jurisdiction. This Waiver will be governed exclusively by the laws of the State of California.
Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in this Waiver will remain in full force and effect.
Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements, promises, or commitments. This Waiver may not be amended, changed, or altered except by another written agreement.