In consideration for permitting Participant to participate in any and all activities associated with LAMBERT CRUSH FITNESS as directed by management, relevant staff, and agents, the undersigned, for themselves, and for their respective heirs, personal representatives and assigns, agree as follows:
Assumption of Risk:
The undersigned hereby acknowledge and agree that they understand the nature of the activities associated with their participation in LAMBERT CRUSH FITNESS; that Participant is, in good health, and in proper physical condition to participate therein; that there are certain inherent risks and dangers associated with these activities; and that, except as expressly set forth herein, they, knowingly and voluntarily, accept, and assume responsibility for, each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, Participant’s
participation in any and all activities associated with LAMBERT CRUSH FITNESS. These activities to include: any and all outdoor activities and transportation to and from said outdoor activities. These activities to also include individual and group classes done thru virtual outlets such as Zoom or other platforms online.
Release and Waiver:
The undersigned hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE LAMBERT CRUSH FITNESS, or any subdivision thereof, and each of them, their officers and employees,(collectively, the “Releasees”), from and for any liability resulting from any personal injury, accident or illness(including death), and/or property loss, however caused, arising from, or in any way related to, Participant’s participation in any and all activities associated with LAMBERT CRUSH FITNESS, except for those caused by the willful misconduct, gross negligence or intentional torts of the above parties, as applicable. In addition, participant also assumes risk in participation in any classes, indoor or outdoor due to recent Covid-19 pandemic. Participant acknowledges risk of illness and potential exposure risk attending class among groups or individuals present at any given class, and holds Lambert Crush Fitness harmless in any exposure that may result in illness (including death).
Indemnification and Hold Harmless:
The undersigned also hereby agree to INDEMNIFY, DEFEND AND HOLD
the Releasees HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to, attorney’s fees, arising from, or in any way related to, Participant’s participation in any and all activities associated with LAMBERT CRUSH FITNESS, except for those arising out of the willful misconduct, gross negligence or intentional torts of the above parties, as applicable.
The undersigned expressly agree that the foregoing assumption of risk, release and waiver of liability and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Commonwealth of Massachusetts and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect,
Acknowledgment of Understanding:
The undersigned have read this assumption of risk, release and waiver of liability and indemnity agreement, and have had the opportunity to ask questions about the same. The undersigned fully understand this assumption of risk, release and waiver of liability and indemnity agreement, that the undersigned are giving up substantial rights in connection therewith, and that its terms are contractual, and not a mere recital. The undersigned acknowledge that they are signing this agreement freely and voluntarily.