Hereinafter, the "Release Agreement"
BY AGREEING TO THIS YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
PLEASE READ CAREFULLY.
THE ACTIVITIES REFERRED TO IN THIS RELEASE AGREEMENT INVOLVE RISKS, DANGERS, AND HAZARDS, INCLUDING RISK OF DAMAGE, LOSS, PERSONAL INJURY AND DEATH. THESE RISKS, DANGERS, AND HAZARDS ARE MORE FULLY DESCRIBED ON THE FOLLOWING PAGES, ALL PARTICIPANTS IN THESE ACTIVITIES ARE REQUIRED TO SIGN THIS RELEASE AGREEMENT, WHICH IS INTENDED TO PREVENT PARTICIPANTS FROM SUING IN THE EVENT OF AN ACCIDENT. PLEASE TAKE TIME TO REVIEW THIS DOCUMENT CAREFULLY.
TO: FREEPLAY APP INC (the “Operator”) and their respective, directors, officers, agents, representatives, employees, volunteers, independent contractors, subcontractors, sponsors, successors and assigns; AND the instructor(s) in whose class or program you are enrolling (the “Instructor”) (collectively the “RELEASES”).
DEFINITIONS
In this agreement the term “Classes” shall include all activities, programs, events, classes, and services provided by Releases, use of fitness machines and facilities, orientation or instructional sessions or lessons, and all other such related activities.
ASSUMPTION OF RISKS
I am aware that my participation in Classes involves many risks, dangers, and hazards, which could result in damage, loss, physical injury to me. Some of these risks, dangers and hazards include, but are not limited to:
- Health: overexertion, dehydration, fatigue, lack of fitness or conditioning
- Premises: defective, dangers or unsafe condition of the facilities, falls, collisions with objects, equipment or persons.
- Advice: negligent advice regarding Classes
- My conduct and conduct of other persons, including NEGLIGENCE ON THE PART OF THE RELEASES, may increase the risk of damage, loss, personal injury or death. I understand that the Releases may fail to safeguard or protect me from the risks, dangers, and hazards of the Classes, some of which are referred to above.
Despite the risks, dangers, and hazards of Classes, and fully understanding such risks, dangers and hazards, I wish to participate in Classes with the Operator and Instructor, and I FREELY ACCEPT AND FULLY ASSUME all such risks, dangers, and hazards and the possibility of personal injury, death, and loss resulting there from, and AGREE THAT THE RELEASES ARE NOT LIABLE FOR ANY RISKS ASSOCIATED WITH OR ARISING FROM THE CLASSES. I AGREE, TO THE EXTENT ALLOWED BY APPLICABLE LAW, TO NOT BRING SUIT, CLAIM, OR ACTION (NOR ALLOW A THIRD PARTY TO BRING SUIT, CLAIM, OR ACTION) AGAINST THE RELEASES FOR ANY LOSSES, DAMAGES, INJURIES, OR EXPENSES SUSTAINED AS A RESULT OF OR IN CONNECTION WITH MY PARTICIPATION IN THE CLASSES.
INSURANCE
I am aware that the Releases do not provide me with any disability, accident, liability or medical insurance or compensation, should I become injured or cause personal injury or property damage to any third party while participating in Classes.
INSTRUCTOR ACKNOWLEDGEMENT
By acknowledging this Release Agreement, I acknowledge and agree that Instructor is not an employee of Operator and that Operator is not liable for the acts or omissions of Instructor. This Release Agreement has equal effect for Instructor and Operator.
JURISDICTION
This agreement and any rights, duties, and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Utah. Any litigation involving parties to the Release Agreement shall be brought solely within the State of Utah and shall be within the exclusive jurisdiction of the Court of the State of Utah.