DISCLAIMER XT FITNESS, 2725 NORTH MAIN STREET, FINDLAY, OH 45840 AND HTTPS://XTFIT.US (“THE CLUB”) IS NOT RESPONSIBLE FOR ANY INJURY, INCLUDING DEATH, OR LOSS OF PROPERTY TO ANY PERSON SUFFERED WHILE ON THE PREMISES (“STUDIO”) OR PARTICIPATING IN THE USE OF THE CLUB AND ITS FACILITIES FOR ANY REASON INCLUDING BUT NOT LIMITED TO THE UTILIZATION OF ANY EQUIPMENT OR THE PLAYING, PRACTICING OR SPECTATING OF ANY ACTIVITY OCCURRING IN OR ABOUT THE CLUB PREMISES OR PARTICIPATING IN VIRTUAL FITNESS CLASSES ON XTFIT.US IN A HOME OR EXTERNAL LOCATION (“VIRTUAL CLASS”).
In consideration of my participation in and the use of the STUDIO or VIRTUAL CLASS I hereby release and covenant not to sue the Club, its owners, shareholders, directors, employees, representatives, agents, and lessees from any and all present and future claims resulting from ordinary negligence and inherent risk of use of the facilities and equipment of the Club in the STUDIO or during a VIRTUAL CLASS including but not limited to any loss, injury, damage, or liability sustained by while on or about the premises of the club.
I am fully aware and understand that the Club does not have on or about the Club premises, or employ or contract with any medical services, provisions for ordinary or emergency medical services including but not limited to emergency cardiovascular assistance.
I am also fully aware and understand that such losses, injury, disability or death may result from the actions, inaction, or negligence on my part, on the part of the Club, on the part of others, the rules of play, or the condition of the Club’s premises or equipment, or the conditions of any location during a VIRTUAL CLASS.
I agree that immediately prior to participating in any activity occurring in or about the STUDIO or VIRTUAL CLASS I will inspect the facilities and equipment to be used and if any defect is apparent I will not use the facility or equipment and I will notify the management of the Club of the defect.
I further agree that if I am not knowledgeable in the proper use of any of the Club’s facilities or equipment I will obtain proper instruction for the correct use of such facility or equipment from a qualified individual before I will use the facility or equipment in the STUDIO or during a VIRTUAL CLASS.
I further agree to indemnify and hold harmless the Club, its owners, shareholders, directors, officers, employees, representatives, agents, lessees for any and all claims arising from my involvement in or receiving instruction for the Club activities incidental thereto wherever, whenever and however the claims may arise including but not limited to travel to and from the Club or related activity site and participation at remote sites.
AS TO ANY EQUIPMENT RECEIVED FROM XT FITNESS AND THE INSTALLATION THEREOF, XT FITNESS MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
LIMITATION ON CONSEQUENTIAL DAMAGES, ETC.. IN NO EVENT SHALL XTFITNESS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION), REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, OR WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF CUMULATIVE LIABILITY. UNDER NO CIRCUMSTANCES SHALL XTFITNESS’ AGGREGATE CUMULATIVE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO EQUIPMENT PURCHASED FROM AND OR INSTALLED BY XTFITNESS, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, EXCEED THE PAYMENT RECEIVED BY XTFITNESS FROM CUSTOMER FOR THE EQUIPMENT AND OR INSTALLATION.
XT FITNESS OFFERS NO WARRANTY AND ASSUMES NO LIABILITY FOR THE FITNESS OR ADEQUACY OF THE PREMISES IN WHICH THE EQUIPMENT IS TO BE INSTALLED, USED, OR STORED, I AGREE TO INDEMNIFY, DEFEND, AND HOLD XT FITNESS HARMLESS AGAINST ANY LOSS, DAMAGE, OR CLAIM ARISING OUT OF THE CONDITION OF SUCH PREMISES AND MY USE OF THE EQUIPMENT.
I assume all the foregoing risks and accept personal responsibility for any damages and loss following any loss of property, injury, permanent disability or death resulting therefrom.
I HAVE READ AND FULLY UNDERSTAND THE ABOVE WAIVER, RELEASE AND ASSUMPTION OF RISK AND FULLY UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS WAIVER, RELEASE AND ASSUMPTION OF RISK AND SIGN IT VOLUNTARILY.