ADULT SWIM PROGRAMS

I represent that I/my child am/is in good physical condition and have no condition preventing me/us from safely participating in the Club’s fitness, sport, and wellness programs. To the extent that my/their physical condition changes over time, I understand that it is our responsibility to monitor my/my child’s physical condition and the Club will not be responsible for any changes in my/their physical circumstances.

I/my child appreciate the risks associated with physical activity and the potential for physical stress, strain and injury. I/we also appreciate that there is risk to using or storing personal property at the Club. Accordingly, I/we assume knowingly whatever risks may be involved by reason of my/our use of Club Fit and its facilities, equipment and services. Further, I/we hereby agree to release, indemnify and hold harmless Club Fit, its members, principals, directors, officers, shareholders, employees, affiliates, agents, servants and representatives (the “Indemnitees”) from and against any and all action, claim or suit for personal injury, death or loss, liability or damage to property, costs, expenses or liability, including reasonable attorneys’ fees (collectively referred to as “Loss”) in connection with my/our use of Club Fit, its facilities, equipment or services. I/we waive any and all claims against the Indemnitees for any personal injury or property damage or loss relating to, arising from or connected with my use of Club Fit, its facilities, equipment or services, unless resulting from the negligence of Club Fit.

I/my child hereby grant to Club Fit my/our consent and permission to use my/our photographs or other likenesses, entries, pictures, portraits, voices, testimonials, biographical information (in whole or in part), and/or statements made by me/us regarding the Club worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Club Fit, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, social media, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. I/my child hereby release and discharge Club Fit from any claims and demands arising out of or in connection with such use(s), including but not limited to any and all claims for libel or invasion of privacy/publicity.

This Agreement embodies the entire agreement between the parties with respect to the subject matter hereof and may only be changed by a written instrument signed by both parties. This release, waiver, and consent shall be binding upon me and my heirs, legal representatives and assigns.