ACTIVITY RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of personal training, sports or sports training, strength exercises, conditioning, flexibility training, balance training, metabolic exercises, MMA, massage therapy, physical therapy, and additional activities and therapies at (R2 Fitness, LLC, and RM Fitness NYC NoMad, LLC, ALL Independent Training Spot locations and all entities doing business as Independent Training Spot and/or use of the property, facilities and services of Independent Training Spot),
agree for myself and (if applicable) for the members of my family, to the following:
01
I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by your personal trainer, Independent Training Spot employees, representatives or agents of Independent Training Spot.
02
I recognize that there are certain inherent risks associated with the above described activities and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Independent Training Spot and its owners for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Independent Training Spot, whether caused by the fault of myself, my family, Independent Training Spot or other third parties.
03
I agree to indemnify and defend Independent Training Spot and its owners against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Independent Training Spot.
04
I agree to pay for all damages to the facilities of Independent Training Spot caused by my or my family's negligent, reckless, or willful actions.
05
Any legal or equitable claim that may arise from participation in the above shall be resolved under New York law.
06
I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Independent Training Spot has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
07
This Agreement and each of its terms are the product of an arms' length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
08
The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
09
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
10
I have read and understand the Activity Release of Liability. I acknowledge the risks involved and agree to adhere to all rules and guidelines for my safety and the safety of others.