ASSUMPTION OF RISK, WAIVER, AND RELEASE
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) CreatMoore Fitness, Inc and its subsidiaries (HidnGem Studio, llc) I hereby acknowledge on behalf of myself, my heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in poIe dancing and exercise equipment in association with the Classes and Facilities. I acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. I aIso acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. I have read and thoroughly understand the safety instructions provided by the HidnGem Studio staff. At all times, I shall comply with aII stated and customary terms, posted safety signs, rules, and verbal instructions given to me by the staff. If in the subjective opinion of the HidnGem Studio staff, I wouId be at physical risk participating in the Group’s Classes, I understand and agree that I may be denied access to the Classes and Facilities until I furnish HidnGem Studio with an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing HidnGem Studio’s concerns and stating that HidnGem Studio and CreatMoore Fitness, Inc.’s concerns are unfolded. In consideration of being allowed to participate in and access the Classes and Facilities, I hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless the CreatMoore Fitness, Inc. , its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent at towed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that I (a) have no medical or physical condition that wouId prevent me from properly using any of the HidnGem Studio Classes and Facilities, (b) do not have a physical or mental condition that wouId put me in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. I acknowledge that if I have any chronic disabilities or conditions, I am at risk in using the HidnGem Classes and Facilities, and should not be participating in any Classes. This Waiver pertains to the use of HidnGem Studio permanent and rental space, particiants agree to hold harmless building owners and sub-leasing entities.
I have read this Assumption of Risk, Waiver, and Release Agreement, fulIy understand its terms, and understand that I am giving up substantial rights including my right to sue the CreatMoore Fitnesss Inc. or HidnGem Studio llc under certain circumstances. I acknowledge that I am signing this waiver freely and voluntarily. The term of this waiver is indefinite.
VALUABLES AND PERSONAL PROPERTY: I acknowledge that I have been urged to avoid brining valuables onto the Facilities and that the HidnGem Studio shalI not be liable for the loss of, theft of, or damage to my personal property, including items left in the lockers, bathrooms, studios, or anywhere eIse in the Facilities. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.