In consideration for permitting Participant to participate in any and all activities associated with LAMERT CRUSH FITNESS as directed by management, relevant staff, and agents, the undersigned, for themselves, and for their respective heirs, personal representatives and assigns, agree as follows:
Assumption of Risk:
The undersigned hereby acknowledge and agree that they understand the nature of the activities associated with their participation in LAMBERT CRUSH FITNESS; that Participant is, in good health, and in proper physical condition to participate therein; that there are certain inherent risks and dangers associated with these activities; and that, except as expressly set forth herein, they, knowingly and voluntarily, accept, and assume responsibility for, each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, Participant’s participation in any and all activities associated with LAMERT CRUSH FITNESS. These activities to include: any and all outdoor activities and transportation to and from said outdoor activities.
Release and Waiver:
The undersigned hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE LAMBERT CRUSH FITNESS, or any subdivision thereof, and each of them, their officers and employees,(collectively, the “Releasees”), from and for any liability resulting from any personal injury, accident or illness(including death), and/or property loss, however caused, arising from, or in any way related to, Participant’s participation in any and all activities associated with LAMBERT CRUSH FITNESS, except for those caused by the willful misconduct, gross negligence or intentional torts of the above parties, as applicable.
Indemnification and Hold Harmless:
The undersigned also hereby agree to INDEMNIFY, DEFEND AND HOLD the Releasees HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to, attorney’s fees, arising from, or in any way related to, Participant’s participation in any and all activities associated with LAMBERT CRUSH FITNESS, except for those arising out of the willful misconduct, gross negligence or intentional torts of the above parties, as applicable.
Severability:
The undersigned expressly agree that the foregoing assumption of risk, release and waiver of liability and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Commonwealth of Massachusetts and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect,
Entry onto Property:
I know that entry on property located at 19 Piedmont Street, Methuen, Ma 01844 (Subject Property) is at my own risk. I assume all risks associated with entry, including but not limited to falls, contact with other people, use of facilities located on the subject property, the effects of weather, including high heat and/or humidity and snow/ice, the conditions of the paved and unpaved areas of the Subject Property, all such risks being known and appreciated by me.
Animals:
The undersigned, and their respective heirs, personal representatives and assigns hereby acknowledge and agree that they understand that there are two dogs on the property located at 19 Piedmont St, Methuen, Ma 01844, and to hold harmless LAMBERT CRUSH FITNESS, management, relevant staff, and agents, for any injuries or illness sustained from any and all activities on the property located at 19 Piedmont St, Methuen, Ma 01844, including biting and aggressive behavior from said dogs.
Acknowledgment of Understanding:
The undersigned have read this assumption of risk, release and waiver of liability and indemnity agreement, and have had the opportunity to ask questions about the same. The undersigned fully understand this assumption of risk, release and waiver of liability and indemnity agreement, that the undersigned are giving up substantial rights in connection therewith, and that its terms are contractual, and not a mere recital. The undersigned acknowledge that they are signing this agreement freely and voluntarily.
