For 1118 Montrose Athletics, LLC dba Mekanix, herein after referred to as: “Mekanix”.
I, _______________, the undersigned, affirm that I am participating voluntarily in Personal and/or Group Training Services which may include some or all of: calisthenics training, mobility training, breath work training, pool training using weights, other types of physical training which may involve weights, and contrast therapy a.k.a. “fire and ice” which involves extended exposure to water temperatures less than 35 degrees Fahrenheit and sauna temperatures greater than 200 degrees Fahrenheit. I (together with my parent or guardian, if I am under the age of eighteen or under a legal disability) represent covenant and agree, on behalf of myself and my heirs, assigns, and any other person claiming by, under, or through me, as follows:
I acknowledge that participating in the above noted activity involves certain risks (some of which I may not fully appreciate) and that injuries, death, property damage, or other harm could occur to me or others. I accept and voluntarily incur all risks of any injuries, damages, or harm which arise during or result from my participation in the above activity. I understand and am aware that physical activity, including the use of equipment, is potentially hazardous activity, and I hereby agree to expressly assume and accept any and all risk. Mekanix strongly recommends that each participant have an annual physical examination and carry personal health and accident insurance.
I waive all claims against 1118 Montrose Athletics, LLC dba Mekanix, the Owners and Managers of 1118 Montrose Athletics, LLCS, and/or its or their departments, affiliates, employees, officers, agents or insurers and against its Landlord 1118 Montrose, LLC. (all of the foregoing being collectively referred to as “Released Parties”) for any injuries, damages, losses or claims, whether known or unknown, which arise during or result from my participation in the above activity. I release and forever discharge the Released Parties from all such claims.
I agree to indemnify and hold the Released Parties harmless from all losses, liabilities, damages, costs or expenses (including but not limited to reasonable attorneys’ fees and other litigation costs and expenses) incurred by any of the Released Parties as a result of any claims or suits that I (or anyone claiming by, under or through me) may bring against any of the Released Parties to recover any losses, liabilities, costs, damages, or expenses which arise during or result from my participation in the above activity.
I do hereby grant Mekanix permission to use my likeness in photograph or video in any and all of its publications, including website entries and social media, without compensation or any other consideration. I understand and agree that these materials will become the property of Mekanix and will not be returned. I hereby irrevocably authorize Mekanix to edit, alter, copy, exhibit, publish or distribute images of me for purposes of publicizing Mekanix programs or for any other lawful purpose. In addition I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any rights to royalties or other compensation arising or related to the use of the photograph or video.
I have carefully read and reviewed the Waiver, Release and Hold Harmless Agreement. I understand it fully and I execute it voluntarily.