THE FIRM FITNESS
HOFFMOFIT LLC • Crispin Square, 230 N Maple Ave, Marlton, NJ 08053
WAIVER AND RELEASE OF LIABILITY
ASSUMPTION OF RISK • WAIVER • INDEMNIFICATION
READ CAREFULLY BEFORE SIGNING. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS. BY SIGNING BELOW, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
In consideration of being permitted to enter, use, or participate in any activity, program, class, training session, or service at The Firm Fitness, operated by HOFFMOFIT LLC (the "Facility"), I agree to the following on behalf of myself, my heirs, assigns, personal representatives, and next of kin:
1. ASSUMPTION OF RISK
I understand that physical exercise and the use of exercise equipment, free weights, machines, turf, flooring, locker rooms, restrooms, parking areas, and all other areas of the Facility involve inherent risks of injury, illness, disability, or death. These risks include, but are not limited to:
– Muscle strains, sprains, tears, fractures, and other orthopedic injuries;
– Slips, trips, falls, dropped or falling weights, and equipment malfunction or misuse;
– Heart attack, stroke, heat exhaustion, dehydration, and other cardiovascular or medical events;
– Injury caused by the actions or inaction of other members, guests, trainers, or third parties;
– Exposure to communicable illness or disease while present at the Facility.
I KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, both known and unknown, and accept full responsibility for any injury, loss, or damage I may suffer.
2. PHYSICAL CONDITION AND MEDICAL CLEARANCE
I represent that I am in good physical health and have no medical condition that would prevent my safe participation in exercise activity. I acknowledge that the Facility has advised me to consult a physician before beginning any exercise program, and that any decision to participate without such consultation is made entirely at my own risk. I agree to immediately discontinue activity and seek assistance if I experience pain, dizziness, shortness of breath, or any other symptom of distress.
3. EMERGENCY MEDICAL TREATMENT
I authorize the Facility and its staff to summon emergency medical services on my behalf if I appear to require care. I understand that the Facility is not obligated to provide medical care, and I accept full financial responsibility for any emergency transport or treatment rendered.
4. WAIVER AND RELEASE OF LIABILITY
To the fullest extent permitted by law, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE HOFFMOFIT LLC, d/b/a The Firm Fitness, and its owners, officers, members, managers, employees, independent contractors, personal trainers, instructors, agents, landlords, and equipment suppliers (collectively, the "Released Parties") from any and all claims, demands, damages, causes of action, or liability of any kind arising out of or related to my presence at or use of the Facility, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. This release does not extend to conduct that is grossly negligent, reckless, willful, or intentional, or to any liability that may not be waived under applicable law.
5. INDEPENDENT CONTRACTOR TRAINERS
I understand and acknowledge that personal trainers, coaches, and instructors operating at the Facility are independent contractors who rent space from the Facility, set their own rates, and bill their clients directly. They are not employees or agents of HOFFMOFIT LLC. The Facility does not supervise, direct, or control the programming, instruction, or advice provided by any trainer, and is not responsible or liable for the acts, omissions, services, or conduct of any independent contractor operating within the Facility.
6. INDEMNIFICATION
I agree to indemnify, defend, and hold harmless the Released Parties from any loss, liability, damage, cost, or expense (including reasonable attorneys’ fees) they may incur as a result of my presence at the Facility, my use of the equipment, the conduct of any guest I bring, or my breach of this Agreement or the Facility rules.
7. PERSONAL PROPERTY
The Facility is not responsible for lost, stolen, or damaged personal property, including items left in lockers, cubbies, common areas, or vehicles parked on the premises. Lockers are provided for convenience during a single visit only.
8. FACILITY RULES AND CONDUCT
I agree to abide by all posted rules, safety policies, and staff instructions; to use equipment only as intended and for its designed purpose; to re-rack weights and return equipment after use; to wear appropriate athletic attire and closed-toe footwear; and to conduct myself respectfully toward members, guests, and staff. I understand that the Facility may suspend or terminate my membership or access for violation of these rules, without refund.
9. PHOTOGRAPH AND MEDIA RELEASE
I understand that photographs and video may be taken within the Facility for marketing and promotional purposes, and I grant the Facility permission to use my likeness in such materials without compensation. If I do not wish to appear in Facility media, I will notify management in writing, and the Facility will make reasonable efforts to honor that request.
10. SEVERABILITY AND GOVERNING LAW
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be enforced to the greatest extent permitted by law. This Agreement shall be governed by the laws of the State of New Jersey, and any action arising under it shall be brought exclusively in the state or federal courts located in New Jersey.
11. ACKNOWLEDGMENT
I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY IN ITS ENTIRETY. I UNDERSTAND ITS TERMS. I AM SIGNING IT FREELY AND VOLUNTARILY, WITHOUT INDUCEMENT, AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW. I AM 18 YEARS OF AGE OR OLDER.
The Firm Fitness
