WAIVER OF LIABILITY/INDEMNIFICATION AND
HOLD HARMLESS AGREEMENT
The undersigned acknowledges and agrees that the execution of this Waiver of Liability/Indemnification and Hold Harmless Agreement (“Agreement”) is being executed in connection with the following list of activities and events, whether as a member or guest, at 6589 Laketowne Place, N.E., Albertville, Minnesota (the “Premises”), which are owned and/or operated by Inspiration Fitness, LLC, a Minnesota limited liability company, d/b/a inFit (“inFit”) and ADarkenwald, LLC, a Minnesota limited liability company, d/b/a Anytime Fitness of Albertville (“AFA” and together with inFit herein as the “Club”):
(i) participation in classes at or by the Club (whether on or off the Premises);
(ii) use of the Club’s equipment;
(iii) use of the Club’s rock wall; and
(iv) attendance and participation in promotional and social events conducted by the Club (whether on or off the Premises).
The undersigned further acknowledges and recognizes that engaging in exercise and activities related thereto, whether with or without supervision, creates a potential for personal injury or death. The undersigned specifically acknowledges and agrees that the Club operates the Premises as an unsupervised fitness facility and agrees that this Agreement shall be applicable to events, activities and conduct of the undersigned regardless of whether the Club’s ownership, management, employees or other personnel are physically present at the Premises.
The undersigned releases, discharges, waives any claim and covenants not to sue the Club, its officers, directors, employees, independent contractors, trainers, agents, and insurers (collectively hereafter the “Released Parties”), from any and all liability, including, but not limited to, liability based on the acts or omissions of the Released Parties, from damages, loss or injuries, either to person or property, which the undersigned may sustain while engaged in any activity conducted at, by or in connection with the Club and the Club’s business activities.
Further, the undersigned indemnifies and agrees to hold the Released Parties harmless from any and all liability from damages, loss or injuries, either to person or property, which the undersigned may sustain while engaged in any activity conducted by or in connection with the Club or the Club’s events. The undersigned further agrees to reimburse or make good any loss, damages or costs that the Released Parties incur as a result of any litigation or claims arising or resulting from any claim made by the undersigned.
Notwithstanding the foregoing, this Agreement does not waive liability for any injuries that I sustain as a result of willful and intentional misconduct directed directly at me by the Released Parties.
The undersigned, in executing this Agreement, certifies and represents that except as outlined below, I am physically able to participate in the activities and events contemplated by the Club without risk of injury.
IN EXECUTING THIS AGREEMENT, I/WE, ACKNOWLEDGE THAT WE HAVE READ AND AGREE TO THE ABOVE TERMS.