To the fullest extent permitted by law, I hereby acknowledge and agree to the following:
(1) Assumption of Risk. Use of any facilities, services, equipment or premises at a fitness club or other facility where you take a fitness class (collectively, “Facilities”) involves risks of injury to my person and property and to the person or property of any minor for whom I have guardianship and have requested or allowed entry to or use of such a club of facility (a “Minor”); by engaging in such use, or by permitting such use by a Minor, I voluntarily accept and assume full responsibility for such risks.
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(2) Waiver of Liability. Breakthrough Careers LLC, its successors, affiliates and related entities (including Breakthrough Fitness), and their respective directors, officers, members, managers, employees, volunteers, independent contractors, and agents (collectively, "FI") will not be liable for any injury to my person or property or to the person or property of any Minor. On behalf of myself, my heirs (including any Minors), personal representatives and assigns, I hereby release, discharge and hold harmless FI from any and all liability and claims arising from my use, or any Minor’s use, of the Facilities, including, but not limited to, all liability and claims arising from personal injury (including death), accidents or illness, and damage to, loss of, or theft of property, whether caused by the active or passive negligence of FI, and I covenant not to sue FI with respect to, and I waive any and all claims that I may have now or in the future against FI for, any liability arising from my use, or any Minor’s use, of the Facilities. This paragraph (2) is expressly void and unenforceable and not a part of this agreement in New York and Massachusetts.
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(3) Authorization to Contact. By providing my phone number or e-mail address, I authorize the operator of this facility and Breakthrough Fitness or its affiliates to contact me regarding promotions or special events, regardless of whether I am on a Do Not Call registry. I further understand and agree that I may not use any products or services at this facility unless I am an authorized client or a permitted vendor, or unless specifically authorized by the facility’s staff. Some restrictions on my ability to use the Facilities may apply.If any provision above is null, void or unenforceable under applicable law, it shall be deemed omitted and shall not apply, but the other provisions above shall remain in effect.
