Waiver | Tully 24 Fitness

Tully 24 Fitness Liability Waiver

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RELEASE OF LIABILITY – READ THOROUGHLY BEFORE SIGNING

In consideration of being accepted as a member of Tully 24 Fitness and the use of its equipment and facilities, I acknowledge, appreciate, and agree that:

I have voluntarily chosen to participate in physical exercise which can enhance the musculoskeletal and cardiorespiratory systems. I further acknowledge being informed of the possible strenuous nature of this exercise and the potential for unusual but possible physiological results, including but not limited to abnormal blood pressure, fainting, heart attack, injury or death. I further recognize and acknowledge that based upon my previous experience and the instruction/demonstration provided by members of the Tully 24 Fitness that I am sufficiently familiar with the equipment and machinery of the facility to use the same in a safe manner, and

I have been informed of the need to obtain a physician’s examination and approval prior to beginning my exercise program. I fully understand that the program I engage in may be strenuous and my choice to participate in the same is completely voluntary. I accept all responsibility for my health and resultant injury or mishap which may affect my wellbeing or health in any way and affirmatively represent to Tully 24 Fitness that I am of sufficient health to engage in these strenuous physical activities; and

I AM KNOWINGLY, VOLUNTARILY AND FREELY participating in the activities/exercise available at Tully 24 Fitness, together with the use of all equipment and machinery with full knowledge and understanding and appreciation of the risks of injury inherent in such physical exercise. I EXPRESSLY ASSUME ALL RISKS OF INJURY AND EVEN DEATH WHICH COULD OCCUR AS A RESULT OF MY PARTICIPATION, EVEN IF ARISING FROM THE NEGLIGENCE OF TULLY 24 FITNESS and

Tully 24 Fitness is, at times, a non-supervised facility and that there are more risks involved during those hours when there is no supervision. I expressly assume the additional risk resulting from said lack of supervision; and

I agree to comply with all express and customary terms and conditions for participation, including such rules that are put in place by Tully 24 Fitness from time to time; and

I agree to indemnify and hold Tully 24 Fitness harmless from any and all claims arising out of my participation at the facility, including those resulting from the club’s negligence at my sole cost and expense. I further assume the risk of all damage, loss of theft of any of my personal property brought to the facility and Tully 24 Fitness has no responsibility for the safe storage of the same.

I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Tully 24 Fitness, its officers, official agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used by Tully 24 Fitness WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF TULLY 24 FITNESS OR OTHERWISE, to the fullest extent permitted by law.

I expressly agree that the terms contained herein are intended to be as broad and inclusive as permitted by laws of the State of New York. Any provision or portion of this document found to be invalid shall only be invalid with respect to such provision or portion and the remaining provisions of this document shall continue in full force and effect.

RIGHTS TO CANCELLATION: You may cancel this contact for any of the following reasons if upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of six months. If you die, your estate shall be relived of any further obligation for payment under the contract not the due and owing. If you move your residence more than 25 miles from any health club operated by seller. If the services cease to be offered as stated in the contract. All money paid pursuant to such contract cancelled for the reasons contained in this subdivision shall be refunded within 15 days of receipt of such notice of cancellation; provided, however that the seller may retain expenses incurred and the portion of the total prices representing the services used or completed, and further provided that the seller may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract. In no instance shall the seller demand more than full contract price from the buyer. If the buyer has executed any credit or loan agreement to pay for all or part of a health club services, any such negotiable instrument executed by the buyer shall also be returned within 15 days.

I HAVE READ THIS AGREEMENT INCLUDING BUT NOT LIMITED TO ITS PROVISIONS WITH REGARD TO RELEASE OF LIABILITY AND ASSUMPTION OF RISK, FULLY UNDERSTAND ITS TERMS, AND ACKNOWLEDGE THAT I AM FREELY AND VOLUNTARILY ENTERING INTO THE SAME. I UNDERSTAND I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THE SAME AND FREELY AND VOLUNTARILY ENTER INTO THIS AGREEMENT.

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Tully 24 Fitness Liability Waiver

RELEASE OF LIABILITY – READ THOROUGHLY BEFORE SIGNING

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