WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
You (Buyer, each member and all guests and parents signing on behalf of any child under 18) agree that if you engage in any physical exercise or activity or use any Club facility on the premises, you do so at your own risk and assume the risk of any and all injury and/or damage while engaging in any physical exercise or activity or use of any club facility on the premises.  Your assumption of risk includes, without limitation, your use of any exercise equipment (mechanical or otherwise), the locker room, side walk and parking lot, stairs or tanning bed.  Member agrees to assume the risk in his or her participation in any activity, class, program, instruction, or Club-sponsored event.  You agree that you are voluntarily participating in the aforementioned activities and using the Club facilities and premises and assume all risk or injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property.  You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Club (and our affiliates, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Club, whether active or passive, or any of its affiliates, employees, agents, representatives, successors, and assigns.  This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) Club’s improper maintenance of any exercise equipment or facilities, (c) Club’s negligent instruction or supervision, including personal training, or any other form of negligence by the Club or any employee of the Club; and (d) you slipping an falling while on the facility or any portion of the premises for any reason, including Club’s negligent inspection or maintenance of its facility.  You also agree to waive any rights that you may have to commence an action or recover damages for any injury at the Club facility to any minor child who is a guest or member.  By execution of this agreement, you hereby agree to indemnify and hold harmless Club from any loss, liability, damage, or cost Club may incur due to your presence at the Club facility.  You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNTIY AGREEMENT.  YOU ARE AWARE AND AGREE THAT BY EXECTUING THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST THE CLUB FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS PREMISES.  YOU HAVE READ AND VOLUNTARILY SIGNED THE WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.