San Diego Strength and Wellness
Membership Information, Liability Waiver and Media Release Form
San Diego Strength and Wellness (Hereinafter referred to as “SDSW”)
Waiver of Liability, Assumption of Risk, and Indemnity Agreement Waiver: In consideration of being permitted to participate in any way (whether as a competitor, trainee, patient, spectator, employee, independent contractor, intern, volunteer or otherwise), In any activity that is organized, supervised, allowed, contracted for, conducted through a third-party, or otherwise occurs and is related to the business of SDSW, and whether such activity is considered on-site at the place of business of SDSW, or, off-site (all such activities, collectively, “SDSW Activities’), I, for myself and for my heirs, personal representative, and assigns, do hereby release waive , discharge and covenant no to sue SDSW, its officers, members, managers, employees, agents, licenses, and sub-tenants, from liability from any and all claims including those allegedly arising from negligence of SDSW, its officers, members, managers, employees, agents, licensees, and sub-tenants, resulting in personal injury, accidents, or illnesses including death), and property loss arising from, but not limited to, participation in SDSW activities.
Assumption of the Risk: Participation in SDSW activities carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injury, the specific risks vary from one activity to another, but the risks range from (I) minor injuries, such as scratches, bruises and sprains, (II) major injuries such as eye injury, joint or back injuries, heart attacks, concussion, and staph infections, to (III) catastrophic injuries including paralysis and death.
Indemnification and Hold Harmless: I also agree to indemnify and hold SDSW harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, brought as a result or in connection with my involvement in any SDSW activities and to reimburse SDSW of any such expense incurred.
Severability: I further expressly agree that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the laws of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shell, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding: I have read this Waiver of Liability, Assumption of Risk, and Indemnity Agreement, fully understand its terms, and understand that I am giving up substantial right including my right to sue. I acknowledge that I am signing this Agreement freely and voluntarily and intend by my signature for this Agreement to be a complete unconditional releases of liability to the greatest extent allowed by law. I agree that this waiver and agreement shall be governed by the laws of the State of California (without regard to its conflicts of laws and without regard to any rule of contract interpretation which resolves ambiguities against the drafting party).
Media Release: I’m aware that individual and group photos and videos are taken from time to time and in consideration for me/ my child’s participation. I hereby grant my permission from me/my child’s likeness to be used by San Diego Strength and Wellness.
I have read the previous paragraphs and I know, understand and appreciate these and other risks that are inherent in my participation in SDSW activities. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.