The individual named below, on behalf of myself or my child (referred to as “I” or “me”) desires to, or desires my child to, access and participate in certain activities (the “Activities”) provided by BODY REJUVENATION L.L.C., a Minnesota limited liability company, operating under the trade name "Body Rejuvenation" (the “Company”), including a fitness session, physical therapy session, or nutritional guidance session (“Session”), and which, include without limitation, viewing as a spectator, and/or participation in the Activities offered at the Session. As lawful consideration for being permitted by the Company to participate in the Activities, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).
BY SIGNING THIS DOCUMENT, I HEREBY WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES MAY BE PHYSICAL ACTIVITIES AND MAY BE DANGEROUS IN NATURE.
I acknowledge the Activities involve the known and unknown risk of serious injury, death, and/or property damage. Without limiting the foregoing, risks may include: serious physical injury, including without limitation, broken bones, torn ligaments, or other injuries as a result of falls or contact with other participants, physical impairment or death as a result of drowning or near drowning in pools or other bodies of water, and paralysis, blindness, brain damage, hearing or vision impairment or loss, brain damage, death, or other medical conditions or ailments that may cause permanent or temporary disabilities resulting from physical activities.
I acknowledge that any injuries that I sustain may be compounded by negligent emergency response or rescue operations of the Company. There is also a risk that the Company or its employees may be negligent in, among other things, monitoring and supervising the Activities. I ACKNOWLEDGE THAT PARTICIPATION IS VOLUNTARY, AND I OR MY CHILD IS VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED, AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE, EXCLUDING THE GROSSLY NEGLIGENT OR WANTON ACTS OF THE COMPANY.
I represent and warrant that I or my child, as applicable, am in good physical conditions and able to do the physical functions required to participate in the Activities. If at any time I believe that Session conditions are unsafe or that I or my child are unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
I have considered that if this waiver of liability was not as broad as it is, the cost for my participation in Activities would be considerably higher. As I do not wish to pay a considerably higher cost, I waive the right to bargain for different waiver of liability terms. I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Company and its officers, directors, employees, agents, affiliates, members, successors, assigns, employees, agents, volunteers, and participants (collectively, “Releasees”), on account of injury, death or property damage arising out of or attributable to my participation in the Activities, whether arising out of the negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This release expressly excludes any wanton acts or gross negligence of a Releasee pursuant to Minnesota Statute § 604.055.
I shall defend, indemnify and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to the Activities.
In the event that I or my child need immediate medical attention for injuries received while participating in the Activities, I authorize the Company staff to give me or my child reasonable first aid, and to arrange transport of myself or my child to a health care facility for emergency services as needed. If I or my child requires use and administration of an epi-pen, prescription or over the counter medication, it is my responsibility to ensure that the epi-pen and/or medication(s) are in the possession or me or my child during participation in the Activities. Notwithstanding the foregoing, I acknowledge that the Company makes no representation or promise to be able to provide medical attention. I agree to the release of any records necessary for treatment, referral, billing or insurance purposes.
I will not damage the equipment, facilities, or equipment of the Company. I will not intentionally cause physical or psychological damage to any other participants. If I cause any damage intentionally or unintentionally, including through the use of unauthorized equipment, I will immediately pay the Company or the third party for the replacement and/or repair cost for any damage caused. I hereby acknowledge that the Company may rely that either parent of a child participating in the Activities may pick up the child at any time, unless there is pertinent court documentation on file with the Company that indicates otherwise.
I understand that demonstrating inappropriate behavior and/or not following rules of the Session, including without limitation, participating under the influence of alcohol or drugs, use of unauthorized equipment, failure to wear protective gear, and failure to follow instructions, may result in me being ejected from the Session and forfeiture of reservations, refunds, payments, and future experiences.
I give the Company the right to use any photographs, video recordings, or other media created while I participate in the Activities for publicity, advertising, and any other purposes. I understand and agree that all such media will be the property of the Company and will not be returned. I irrevocably authorize the Company to edit, alter, copy, exhibit, publish, or distribute this media for any lawful purpose. I waive any right to inspect or approve the finished product where my likeness appears. Additionally, I wave any right to royalties or other compensation arising or related to the use of such media.
This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company, all Releasees, and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Hennepin County, Minnesota and I hereby consent to the exclusive jurisdiction of such courts.
By entering my information below, I authorize the Company to send me text messages to confirm receipt of this waiver and authorize me to participate in the Session.
Parent/Guardian’s Representation (as applicable). For a participant that is a minor, defined as an “individual under the age of 18” years old by Minnesota Statute §645.451, I verify that I am the parent or guardian of the participant identified below or the adult in whose care the participant has been entrusted. I have read and understand this agreement. Prior to signing this agreement, I have had the opportunity to ask any questions about this agreement and the Activities. I understand that (1) the Company does not provide supervision of minors, and, (2) participants who are under 18 years of age may not always be aware of the inherent risks associated with participation in Activities. In addition to the terms of the agreement set forth above, therefore, I agree that it is my duty and responsibility, as either a parent or guardian, or as the adult in whose care the participant has been entrusted, to provide supervision and/or advance education (as appropriate) in an effort to protect the participant from harm associated with participation in the Activities. By signing below, I am (1) entering into this agreement on my own behalf and on behalf of the participant, (2) representing, if I am an adult in whose care the participant has been entrusted, that I have the authority to sign this document on behalf of the participant, and (3) agreeing to be bound by the terms of this agreement.
I HAVE READ THIS RELEASE AND WAIVER, FULLY UNDERSTAND ALL THE TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING BELOW, AND HAVE SIGNED THIS RELEASE FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME.
My checking of a box or signing of a document indicates that I am signing for myself and that I am the parent/legal guardian signing on behalf of any children.