Waiver

 

Class Participation Agreement


I acknowledge that group fitness classes at New Trail Cycling Studio (New Trail LLC) involve vigorous physical activity. While these activities are not inherently dangerous, and the instructors take great care to ensure the safety of each participant, I understand that there are significant risks involved, and that my participation in these classes carries with it the potential for death, injury, and/or property damage. The risks include without limitation falls that can result in serious injury or death; injury or death due to negligence by me, my instructors, or other people around me; injury or death due to improper use or failure of equipment; and strains and sprains. In consideration for being permitted to participate in group fitness classes New Trail Cycling Studio (New Trail LLC), I willingly agree to assume full responsibility for these risks and any and all costs, damages, and expenses incurred as a result of participating in group fitness classes at New Trail Cycling Studio (New Trail LLC).

 

I acknowledge that New Trail Cycling Studio (New Trail LLC) makes no claims to medical results that can or may be obtained through the use of New Trail Cycling Studio (New Trail LLC) ‘s facilities, equipment or services. New Trail Cycling Studio (New Trail LLC) has neither suggested or advised medical treatment to me. Only licensed medical professionals are qualified to give medical advice.

I hereby release and agree not to hold New Trail Cycling Studio (New Trail LLC), its members, officers, employees, contract instructors, and/or trainees legally responsible for any injury I may sustain, unless my injury is a direct result of their negligence. I further hereby release and agree not to hold the host facility, its employees, and/or its representatives liable for any accident or injury that may take place on the premises, unless the accident or injury was a direct result of their negligence. I hereby agree to indemnify New Trail Cycling Studio (New Trail LLC), its members, officers, employees, contract instructors, and/or trainees from liability for the injury or death of any person(s) and damage to any property that results from my negligent or intentional acts or omissions while participating in group fitness classes at New Trail Cycling Studio (New Trail LLC).

Additionally, I shall hold New Trail Cycling Studio (New Trail LLC) harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of my use of New Trail Cycling Studio (New Trail LLC)’s facilities, equipment and activities.

I have read, understand, acknowledge and agree with the statements above. Furthermore, I attest that I am in suitable physical condition for the fitness class that I am about to participate in; and I am not exercising against my healthcare provider's guidance. This agreement shall be binding upon me and my successors, representatives, heirs, executors and assigns. If any portion of this agreement is held invalid, then I hereby agree that the remainder of this agreement shall remain in full legal force and effect.

The laws of the Commonwealth of Virginia shall govern this agreement (without reference to its principles of conflicts of law), and venue for any court proceeding shall be in Fairfax County, Virginia. I agree that my sole remedy for any dispute, whether in contract, tort or otherwise, with New Trail Cycling Studio (New Trail LLC) is to submit to binding arbitration with an arbitrator from the McCammon Group in Fairfax County, Virginia, within (6) six months of the incident giving rise to the cause of action, even if that time is less than the applicable statute of limitations. In the event of arbitration, I hereby agree to pay half of the costs of the arbitrator and other costs of arbitration, and I hereby acknowledge that I will be responsible for all of the costs for my own legal counsel.

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