BY SIGNING THIS AGREEMENT YOU GIVE UP YOUR LEGAL RIGHTS. READ THIS AGREEMENT BEFORE SIGNING.
I KNOW that all physical training and particularly strength, conditioning, self-defense, and/or martial arts training involves risks and inherent dangers no amount of care can eliminate. I nonetheless wish to participate in personal training in general and high level, strength, conditioning, self-defense, and/or martial arts training in particular with Brooklyn Academy Roots LLC (“BR”) and its employees. IN CONSIDERATION of receiving the high level, challenging strength, conditioning, martial arts, self-defense and/or other personal training from BR that I desire at the fees being charged (the “Training”):
1. ASSUME RISKS. I knowingly accept and assume as my personal risks all risks attendant to the Training regardless of the source of the risk and whether it is foreseen or unforeseen and regardless of how active or passive my participation in the Training may be, including (without limitation) the risks of illness, bodily injury, death, or loss of income, excluding only those caused solely by the gross negligence or deliberate misconduct of any Released Party as defined below.
2. RELEASE; NO SUIT. For myself and my spouse, domestic partner, next of kin, heirs, assigns, and legal representatives (collectively, “Releasing Parties”), I forever waive, give up, and release each and all of the Released Parties from any and all liability, duties, responsibilities, obligations, causes of action in law or in equity, and claims I or any of the Releasing Parties might otherwise have against any Released Party for any personal injury, death, illness, loss of income, or other damage or loss of any kind or nature whatsoever (collectively, “Loss”), whenever occurring or becoming manifest, foreseen or unforeseen, known or unknown, arising out of or related in any manner whatsoever to the Training, except those caused by the gross negligence or deliberate misconduct of one or more Released Party (collectively, “Claims”).
I also agree, for myself and each of the Releasing Parties, that I shall not sue or assert, bring, prosecute, or pursue in any manner whatsoever any Claim, or any other claim, demand, cause of action, or legal action of any kind or nature whatsoever against any Released Party for any Loss arising out of or related to my attendance at or participation in the Training except those caused solely by the gross negligence or deliberate misconduct of a Released Party. I understand that the direct consequence of this agreement and release is that even if I or any Releasing Party suffer any Loss arising out of or related to my attendance at or participation in the Training, none of us will have any recourse or be able to assert a Claim for the recovery of any damages against any Released Party and I, for myself and each Releasing Party, am specifically waiving the right to assert any Claim or any other claim, demand, or cause of action of any kind or nature whatsoever. I expressly acknowledge that my release and agreement not to sue are intended to be and are comprehensive and should be given the broadest possible interpretation to deprive me of any Claims. “Released Parties” or “Released Party” means BR, its members, managers, officers, agents, independent contractors, and employees; any person or entity affiliated with BR in any way; the owners, lessees, and/or operators of the gym and any other real property where the Training occurs; other Training attendees and participants; and any inspectors, underwriters, consultants, or others who have provided review, recommendations, directions, or instructions related to the Training or the real property where the Training occurs; all other persons and entities providing services in connection with or associated in any manner with the Training; and all of their respective directors, officers, managers, owners, agents, representatives, independent contractors, and employees.
3. GIVE UP STATUTORY PROTECTION. California Civil Code Section 1542 provides:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Because I intend my release and promise not to sue to be given the broadest possible interpretation and to include unknown Claims, for myself and for each of the other Releasing Parties, I waive each and every benefit and protection now or at any later time provided under California Civil Code Section 1542 and/or any other applicable statute, law, rule, or regulation or any common law principles that would preserve my unknown Claims.
4. INDEMNITY. To the fullest extent permitted by law, I assume all responsibility and liability for, and agree to indemnify and forever hold harmless the Released Parties from and against any and all Claims, duties, obligations, judgments, costs, and expenses (including, without limitation, all court costs and all attorneys’ and expert witness fees and expenses at trial and on any appeal) arising out of or related in any manner whatsoever to the Training except those resulting from the gross negligence or deliberate wrongdoing of one or more of the Released Parties.
5. PARTICIPANT’S REPRESENTATIONS AND WARRANTIES. I represent and warrant to each of the Released Parties that I:
a. Have not received or relied upon any promise, claim, assurance, guarantee, or any other statement, oral or written, made by or on behalf of any Released Party in deciding to sign this Agreement; b. Am acting completely voluntarily, using only my own evaluation and judgment, in choosing to attend and/or participate in the Training and to make this agreement and release; c. Am over the age of 18 and legally competent and know from my doctor that I am medically able to do the Training; and d. Will not consume any alcoholic beverage or take any medication or drugs (prescription or nonprescription) that affect my perception, mobility, agility, judgment, or mental acuity at any time during the 12 hours preceding the Training.
6. GENERAL. This Release shall be governed by and enforced and interpreted in accordance with the laws of the State of California other than its law on conflicts of law. If any portion of this Agreement or the application of it to any person, entity, or circumstance is held invalid or unenforceable to any extent by a final decision of a court of competent jurisdiction, after all appeal rights have been exhausted or have expired, that term, covenant, or condition shall be deemed amended to the extent and for purposes of that application so as to render it enforceable to the fullest extent permitted by law and the remainder of this Agreement, or the application of that term, covenant, or condition to persons, entities, or circumstances other than those as to which it is held invalid or unenforceable shall not be affected and shall be valid and enforced to the fullest extent permitted by law. No waiver of any rights given by this Agreement shall be effective unless in a signed writing. The headings shall not affect interpretation. I HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT AND KNOW THAT BY SIGNING IT I AM GIVING UP MY LEGAL RIGHTS AND THAT IS WHAT I INTEND TO DO. I HAVE SIGNED THIS AGREEMENT VOLUNTARILY, WITHOUT COERCION.
By signing this waiver you give BK Roots Fitness permission to use your image in promotional advertising. If you do not want us to take photos of you for promotional purposes, but still want to agree, please email us: