In consideration for being permitted to sign up for, access and/or attend classes, events, activities, and other programs (individually and/or collectively, the “Classes”) and for using the premises, facilities and equipment (individually and/or collectively, the “Studio”) of this independently owned and operated CycleBar Franchise (“CycleBar Franchise”), I hereby acknowledge and agree to, on my own behalf, and on behalf of my personal representatives, heirs, assigns, executors, administrators, and next of kin, as follows:
I am aware and acknowledge that there are certain inherent risks and dangers, including risk of injury or death, associated with indoor cycling and the exercise equipment used in the Classes and the Studio, whether caused by me or not.
I am aware and acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries and understand and agree that this CycleBar Franchise provides the Studio “as is” and to the full extent permissible by law, disclaims all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.
I assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of the premises of this CycleBar Franchise and agree to use care in the use of this CycleBar Franchise and to protect against accidents to and by other participants.
I understand that this CycleBar Franchise and Spin X Operations Pty Ltd ACN 639 701 143 (“Spin X”) shall have no responsibility to pay for medical treatment and related costs if I am injured.
At all times, I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by staff of this CycleBar Franchise.
I am aware and acknowledge that I should consult with a registered medical practitioner or have a physical examination before participating in Classes at this CycleBar Franchise or enrolling in any Classes at this CycleBar Franchise, particularly if I have any health issues, or am unaccustomed to physical exertion or have other physical limitations.
Except to the extent (if any) otherwise provided by law, I agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the Classes and Studio, and I release, indemnify, and hold harmless Spin X , this CycleBar Franchise, and their direct and indirect parent entity, as well as subsidiary affiliate entities, and each of their respective officers, directors, shareholders, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from and against any and all liability, responsibility, claims, actions, suits, procedures, costs, expenses, damages, injuries, expense, demand or cause of action that I may suffer whether with respect to personal injury, death, damage to or destruction of property, theft or otherwise that may arise out of or in any way be related to participation in the Classes or use of this CycleBar Franchise’s Studio; and represent that I no existing health issues except as provided to this CycleBar Francise in writing..
I further understand and acknowledge that neither this CycleBar Franchise nor Spin X manufactures fitness or other equipment or products available in this CycleBar Franchise’s Studio and therefore this CycleBar Franchise and Spin X will not be held liable for defective equipment or products.
Accordingly, to the full extent permitted by law, I do hereby forever release, waive and discharge this CycleBar Franchise and Spin X from any and all claims, demands, injuries, damages, actions or causes of action or death (collectively, “Claims”) related to my participation in Classes and use of the Studio against this CycleBar Franchise, Spin X, or anyone acting on their behalf, and hereby agree to defend, indemnify and hold harmless this CycleBar Franchise and Spin X from and against any such Claims.
I am aware and acknowledge this CycleBar Franchise and Spin X make no claims as to medical results that can or may be obtained through participation in Classes and use of this CycleBar Franchise’s Studio. This CycleBar Franchise has neither suggested nor will suggest any medical treatment to me. Only registered medical professionals are qualified to give medical advice. I am instructed not to act on the advice given by any unregistered employee of this CycleBar Franchise unless such advice has been verified by participant’s registered medical practioner.
I am aware, acknowledge and agree that if any provision of this Participation Waiver and Release Form is found to be unenforceable or invalid in any way, the remaining provisions will remain in force and effect.
I acknowledge that I have read this PARTICIPATION waiver AND RELEASE and have received the opportunity to obtain legal advice, fully understand its terms, and understand that I am giving up substantial rights including my right to sue this CycleBar Franchise and Spin X under certain circumstances. further, I acknowledge that I fully understand the terms of this PARTICIPATION waiver AND RELEASE is indefinite and acknowledge that I have signed it freely and voluntarily without any inducement, assurance, guarantee, or oral representation being made.