Your access to the premises and property and use of the facilities and equipment owned, leased, or operated by LISA ANDERSON dba LIGHTUP FITNESS (herein referred to as “THE COMPANY) involves a risk of injury to you, whether caused by the actions or passive or active negligence of you, someone else, or employees of THE COMPANY.  As such, you understand and voluntarily accept and assume this risk and agree that THE COMPANY, its employees, will not be held liable for any injury including without limitation, personal, bodily or mental injury, death, economic, monetary or financial loss, or any damage of any nature whatsoever to you, your spouse, domestic partner, children, guests, or relatives occurring at the premises or while using the facilities and equipment owned or operated by THE COMPANY or while participating in activities or classes, providing or receiving training or instruction, or participating in any way in any activity or event of THE COMPANY, or resulting from or in any way arising out of the negligence, whether active or passive, of Spyridon, anyone on THE COMPANY’s behalf, or anyone at the premises or using the facilities owned, leased, rented or operated by THE COMPANY.

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Your assumption of risk includes, without limitation, your use of any exercise equipment (mechanical or otherwise), the locker room and shower facilities, lobby area, aerobics studios, stairs, pool and surrounding pool area, sauna, steam room, tennis and racquetball courts, parking lot, sidewalk, or any equipment in THE COMPANY’s facility. Furthermore, you understand that THE COMPANY does not manufacture the fitness or other equipment at THE COMPANY but purchases and/or leases the equipment from third parties. As such, you agree that THE COMPANY, its employees, will not be held liable for any injury including, without limitation, personal, bodily or mental injury, death, economic, monetary or financial loss, or damage of any nature whatsoever to you, your spouse, domestic partner, children, guests, or relatives resulting from any defective products or equipment.

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This waiver and release of liability includes, without limitation, injuries which may occur as a result of your use of any exercise equipment or facilities which may malfunction or break, THE COMPANY’s improper maintenance of any exercise equipment or facilities which may malfunction or break, THE COMPANY’s active or passive negligent instruction or supervision, including personal training, and you slipping or falling while on the premises or using any portion of the facility for any reason, including THE COMPANY’s active or passive negligent inspection or maintenance of the facility.

You further agree that THE COMPANY will not be responsible or liable for any loss, theft, or damage to any of your property left in a locker, automobile, or anywhere on the premises.

 

You further agree that the foregoing release and waiver of claims and liability is intended to be as broad and inclusive as is permitted by the laws of California and that if any portion thereof is held invalid, you agree that the balance shall continue in full legal force and effect.

 

You acknowledge that you have carefully read this waiver and release of liability and fully understand that it is a release of liability and express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring legal action or assert a claim against THE COMPANY for its negligence, whether active or passive, or for any defective product on its premises.  You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

 

By signing below and/or signing your membership agreement, you are agreeing to the above “Waiver of Claims.”