Fit4Him LLC d/b/a EverFit – Agreement and Release of Liability

  1. In consideration of being allowed to participate in the activities and programs of Fit4Him LLC d/b/a EverFit and to use its facilities, equipment and machinery, in addition to the payment of any fee or charge, I do hereby waive, release and forever discharge Fit4Him LLC d/b/a EverFit and its directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, and all others from any and all responsibilities or liability from injuries or damages in the above mentioned activities.  I do also hereby release all of those mentioned and any others acting upon their behalf from negligence of the program or any of its agents due to any such ordinary negligent act or omission of any participation in my activities of Fit4Him LLC d/b/a EverFit or the use of any facilities/equipment or machinery EverFit works with.  I acknowledge and understand that this release is given in advance of any injury or damage to me and that it includes injury or damage to me caused by the ordinary negligence of those released hereby but not from any claims related to gross negligence or willful/wanton/criminal/intentional conduct or acts of those who are otherwise released hereby.
  3. I understand and am aware that strength, flexibility and aerobic exercise, including the use of equipment, is a potentially hazardous activity. I also understand that fitness activities involve the rist of injury and even death, and that I am voluntarily participating in these activities and using facilities, equipment and machinery with knowledge of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death.   I do hereby further declare myself to be physically and sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation or use of equipment or machinery except as hereinafter stated. I do not hereby acknowledge that I have been informed or the need for a physician’s approval for my participation in an exercise/fitness activity or in the use of exercise equipment and machinery. I also acknowledge that is has been recommend that I have a yearly or more frequent physical examination and consultation with my physician as to the physical activity, exercise and use of exercise and training equipment so that I might have his recommendations concerning these fitness activities and equipment use. I acknowledge that I have either had a physical examination and have been given my physician’s permission to participate, or that I have decided to participate in activity and use of equipment and machinery without the approval of my physician and do hereby assume all responsibility for my participation and activities, and utilization of equipment and machinery in my activities.
  5. I hereby expressly and affirmatively state that I wish to participate in EverFit programs. I realize that my participation in this activity involves risk of injury including but no limited to exhaustion and even the possibility of death. I also recognize that there are many other risks of injury, including serious disabling injuries, which may arise due to my participation in this activity and that it is not possible to specifically list each and every individual injury risk. However, knowing the material risks and appreciating them, and knowing and reasonably anticipating that other injuries and even death are a possibility, I hereby expressly assume all of the delineated risks of injury, all other possible risks of injury and even death which could occur by reason of my participation.
  7. I have had an opportunity to ask questions. Any questions which I have asked have been answered to my complete satisfaction. I subjectively understand the risks of my participation in this activity, and knowing and appreciating these risks I voluntarily choose to participate, assuming all risks of injury or even death due to my particiapation