By using Zuk Fitness Inc.’s website (ZukFitness.com) or participating in workouts by Zuk Fitness, the user is agreeing to the following:
“ZUK FITNESS INC. WAIVER OF LIABILITY, INDEMNITY, AND ACKNOWLEDGEMENT OF RISKS”
Zuk Fitness, Inc., a California corporation, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity by, through, under or on their behalf (hereinafter collectively “Zuk”) provides the opportunity for individuals to participate in a Zuk exercise, fitness, and/or physical activity classes (hereinafter collectively the “Classes” and individually a “Class”). In consideration for being permitted to participate in the Classes, I understand and voluntarily accept this Waiver of Liability, Indemnity, and Acknowledgement of Risks (the “Release”). I understand that my participation includes any and all engagement with the Classes, whether through live instruction or through pre-recorded versions of any Classes and also includes any use whatsoever of any pre-recorded version of any Classes to which I am granted access.
There are significant elements of risk in any activity associated with exercise, fitness, or physical engagement. As is the case with any such activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. I am aware that participation in these Classes entails risks of injury to myself and to others for whom I may be responsible. My participation in these Classes is purely voluntary, and I elect to participate in spite of the risks. I agree to assume full responsibility for my participation.
The Classes are presented for wheelchair-users and the mobility impaired. Nevertheless, I understand that the Classes, or certain aspects of the Classes, may not be recommended or safe for individuals with certain medical conditions. I acknowledge that Zuk is not aware of my physical fitness, physical limitations, or abilities; might misjudge my physical fitness, limitations, or abilities; may give me incomplete or inaccurate instructions or warnings; and any equipment that may be required for participating in the Classes might malfunction. I acknowledge that I am aware of the limits of my physical fitness, physical limitations, and abilities. I understand that it is my continuing responsibility to inform Zuk of any medical conditions and of any future changes to my medical conditions that impact my ability to participate in any Classes or any portion of any Classes. If I suspect that I am unable to participate in any Classes for any medical reason, I understand that it is my responsibility to consult with a physician prior to my participation, and to follow my physician’s advice. I agree not to attempt any activity in any Class that my physical limitations prevent me from attempting safely. I certify that I am physically and mentally capable of safely participating in any Class that I choose to attempt and/or using the equipment required for such participation. I acknowledge that I am solely responsible for monitoring my own wellbeing during the Classes. I agree to cease performing any activity in any Class that risks my wellbeing. I acknowledge that Zuk has provided no guarantees or assurances with respect to my ability to achieve any of the objectives of these Classes. I also understand that Zuk reserves the right in its sole and absolute discretion to deny me the opportunity to participate in any Class on any grounds.
1. I HEREBY WAIVE, RELEASE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, ANY AND ALL CLAIMS on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives and estate, from and against any and all claims, demands, actions, suits, judgments, damages, liability, cost or expense, or causes of action, which are in any way connected with my participation in the Classes, regardless of the active or passive negligence or gross negligence of Zuk. I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer while participating in any of the Classes, or else I agree to bear the costs of such injury or damage myself. Should Zuk be required to incur reasonable attorney’s fees and costs to enforce this Release, I agree to indemnify and hold them harmless for all such fees and costs.
2. I HEREBY ASSUME FULL RESPONSIBILITY FOR THE RISKS IDENTIFIED HEREIN AND THOSE RISKS THAT ARE NOT SPECIFICALLY IDENTIFIED, even if arising from the negligence or gross negligence of Zuk. I assume full responsibility for the risks of personal injury, accidents or illness, including but not limited to sprains, torn muscles and/or ligaments; scrapes, abrasions, fractures and/or contusions; dehydration; numbness or tingling; partial and/or total paralysis; death or other ailments that could cause serious disability; injuries that may be exacerbated by my own existing physical condition; and any resultant expenses from any of the foregoing risks. I assume full responsibility for damage to or loss of my personal property as the result of any accident that may occur.
3. I HEREBY CONSENT TO THE USE OF ANY PROGRAM PHOTOGRAPH, VIDEO/FILM, AND VOICE QUOTE as a result of my participation in the Classes and its use for advertising, publication or exhibiting the Classes in perpetuity by all media.
4. I further acknowledge and expressly agree that Zuk will rely upon this Release and that this Release is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
5. I HAVE READ AND VOLUNTARILY SIGN THIS RELEASE, and further agree that no oral representations, statements or inducement apart from the foregoing written agreement have been made.
I have read and understand this Release and represent that I have the legal authority to enter into this Release, and I acknowledge and intend that it be binding on me and my family and spouse, my heirs, executors, administrators, representatives and assigns, as may be applicable. By signing this Release, I intend to waive (and understand that I am waiving) legal rights against Zuk on behalf of myself, and my heirs, executors, administrators, representatives and assigns.
Participant’s Signature Date
(if Participant is over 18 years of age)
Signature page for guardian of minor to the attached Zuk Fitness Inc. Waiver of Liability, Indemnity, And Acknowledgement of Risks
If participant in the attached Release is under 18 years of age, parent or guardian must sign below:
I am the parent or guardian of the minor named as “Participant” below. I hereby make and enter into each and every representation, waiver, release, and indemnity described above on behalf of myself, the minor Participant, and any other parent or guardian of the Participant. I intend to give up my right, the Participant’s right, and the right of any other parent or guardian to maintain any claim or suit against Zuk, and the Releases, arising out of the Participant’s participation in any Classes and activities. I believe and represent that I HAVE LEGAL AUTHORITY TO MAKE THESE WAIVERS AND RELEASES, and I agree to indemnify Zuk for all liability arising out of any lack of authority on my part to make such waivers and releases.
Participant’s Name Parent/Guardian’s Name
Parent’s /Guardian’s Signature Date