DRIVEN is offering to the community an opportunity to utilize its physical fitness equipment and facility for the purpose of creating and maintaining a personal, physical fitness regimen. Prior to using the physical fitness equipment and facility, you must read, acknowledge and sign this consent and release of liability agreement.
I, the client or on behalf of the client, ("Client" is defined to include myself, children, spouse, parents, heirs, assigns, personal representatives, guardians and estate) consent and affirmatively elect to use the physical fitness equipment, facility, and other services offered by DRIVEN as described herein for the term as detailed in the Membership Agreement.
Prior to Client’s use of the physical fitness equipment and facility, a DRIVEN Staff member will conduct Client’s orientation to the physical fitness equipment and the facility. Clients should consult with their physician prior to using the physical fitness equipment or facility and have the physician complete a Client Release to Participate form. However, clients with Wellness and/or Strength & Conditioning ONLY memberships are not required to have a physician complete this form. The hours of operation for Client’s use of the physical fitness equipment and facility are Monday through Friday, 9 A.M. to 5 P.M and Saturday, 9 A.M. to 3:00 P.M excluding holidays, subject to change.
By signing this agreement, Client expressly represents and acknowledges that he or she is in good health and is capable of full participation in a physical activity program. Furthermore, Client agrees to assume any and all: (1) risk of personal injury while using the physical fitness equipment and facility, participating in orientations, demonstrations, classes, or events, or involvement in any other services provide by DRIVEN either at the facility or elsewhere (collectively, the “Activities”); and (2) risk of damage to any property of DRIVEN including payment to DRIVEN for the reasonable repair or replacement of such damaged property. In the event that Client is injured, Client agrees to assume any financial obligation, either through Client’s personal health insurance, or through some other means, for any medical costs which Client incurs. DRIVEN assumes no responsibility for any medical expenses, injury, or damage suffered by Client in connection with Client’s involvement or participation in the Activities. Client further agrees to comply with the terms and conditions of the Membership Agreement, and any rules or regulations issued by DRIVEN Client also agrees to indemnify, release and hold harmless DRIVEN and any affiliate, associate, successors and assigns, as well as any trustees, officers, directors, employees, and agents (collectively, “DRIVEN Affiliates”) from any and all claims, actions, suits, procedures, costs, expenses, damages, liabilities and losses, including attorney’s fees, arising from or in any way connected or associated with Client’s involvement or participation in the Activities. Should DRIVEN or any DRIVEN Affiliates be required to incur attorneys’ fees, expenses, and/or costs to enforce this Consent, Waiver and Release of Liability Agreement, Client agrees to indemnify and hold DRIVEN and any DRIVEN Affiliates harmless from all such fees, expenses, and/or costs.
Client further expressly agrees that this Consent, Waiver & Release is intended to be as broad and inclusive as is permitted by the law of the State of Nevada and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
CLIENT HAS CAREFULLY READ THIS CONSENT, WAIVER AND RELEASE AND FULLY UNDERSTANDS ITS CONTENTS. IT IS THE INTENTION OF CLIENT BY SIGNING BELOW TO EXPRESSLY ASSUME ALL RISK OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE UPON HIM/HERSELF, TO THE EXCLUSION OF DRIVEN AND TO EXEMPT AND RELIEVE DRIVEN FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR DEATH.
CLIENT IS AWARE OF THE POTENTIAL DANGERS INCIDENTAL TO ENGAGING IN THE ACTIVITIES, AND ACKNOWLEDGES THAT THIS IS A CONSENT, RELEASE OF LIABILITY AND A WAIVER OF CLIENT’S LEGAL RIGHT TO COLLECT DAMAGES IN THE EVENT OF INJURY, DEATH OR PROPERTY DAMAGE, WHICH CREATES A CONTRACT BETWEEN CLIENT AND DRIVEN AND CLIENT SIGNS IT OF HIS/HER OWN FREE WILL.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES REGARDING THE SUBJECT MATTER HEREIN, AND IS GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEVADA.
BY SIGNING BELOW, I ACKNOWLEDGE I’VE READ AND UNDERSTAND THE TERMS OF THIS CONSENT, WAIVER & RELEASE OF LIABILITY.