WAVIER AND LIABILITY
In completing this form and purchasing a LUX FITNESS Studio (includes all LUX FITNESS and Total Body Training classes) individual class, class package, or membership, I, [FullName], acknowledge that I am a participant in a group fitness exercise program conducted by Rasky Health & Wellness, doing business as LUX FITNESS, Lauren Rasky and staff members. I acknowledge any exercise activity involves a risk of temporary or permanent injury and death. I hereby waive all claims for injury or accident liability of any kind against Rasky Health & Wellness, LUX FITNESS, Lauren Rasky, and staff members for any and all exercise training provided. I am aware that and acknowledge that there is no insurance of any kind covering participants and that I will be covered by my own or family insurance. If I do have any underlying medical problems or recent injuries, I will notify the instructors of my circumstances prior to any participation. All participants accept these terms by making this purchase and if a minor must have a parent’s written approval.
In additional consideration of being permitted by Rasky Health & Wellness and/or LUX FITNESS to participate in its exercise program, I hereby permit Lauren Rasky, Rasky Healthy & Wellness, and/or LUX FITNESS to use my name, image and likeness for promotional purposes limited to its exercise programs. These promotions mediums include but are not limited to print, social media, and the Internet.
By signing up for and/or attending Rasky Health & Wellness, LUX FITNESS Studio classes, activities and other programs, and using the premises, facilities, and equipment (collectively, Classes and Facilities), you hereby agree that there are certain inherent risks and dangers in exercise and in using exercise equipment in association with the Classes and Facilities. In consideration of being allowed to participate in and access the Classes and Facilities provided by Lauren Rasky, Rasky Health & Wellness, and LUX FITNESS, in addition to the payment of any fee or charge, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) waive, release and forever discharge Rasky Health & Wellness and LUX FITNESS its officers, agents, members, employees, representatives, and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to your person or property resulting from your participation in and use of the Classes and Facilities, and (3) represent you have no medical or physical condition which would prevent you from attending and/or using any of Rasky Health & Wellness, LUX FITNESS, and/or Classes and Facilities and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so. Rasky Health & Wellness hereby advises you that individuals with any chronic disabilities or conditions are at risk in using Rasky Health & Wellness, LUX FITNESS, and/or Classes and Facilities, and are advised against doing so. In addition, if in the opinion of Rasky Health & Wellness, LUX FITNESS, and/or staff, you would be at physical risk using Rasky Health & Wellness, LUX FITNESS, or Classes and Facilities, you will be denied access to Rasky Health & Wellness, LUX FITNESS, and its Classes and Facilities until you furnish Rasky Health & Wellness with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Rasky Health & Wellness and LUX FITNESS concerns, and stating that Rasky Health & Wellness and LUX FITNESS concerns are unfounded. If you decline to obtain such a letter, you will not be permitted to use the Classes and Facilities of Rasky Health & Wellness or LUX FITNESS. Rasky Health & Wellness and LUX FITNESS reserves the right to refuse service at its discretion.
IN NO EVENT SHALL RASKY HEALTH & WELLNESS AND LUX FITNESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AN/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COMPANY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT RASKY HEALTH & WELLNESS AND LUX FITNESS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.