Waiver

 

New Trail Cycling Studio

Class Participation Agreement

This agreement (this “Agreement”) is an important legal document. It explains the risks you are assuming by beginning a class, workshop, or other activity with New Trail LLC, doing business as New Trail Cycling Studio (“NTCS”). It is critical that you read and understand it completely. After you have done so, please sign as indicated.

 

I have volunteered to participate in NTCS’s indoor cycling or fitness classes and/or any other classes or programs of physical exercise now and in the future (collectively referred to herein as the “Classes”).  I understand that the Classes includes physical movements, and I understand that there is an inherent risk associated with any exercise program—including my voluntary participation in the Classes—that may result in injury, even serious or disabling, or death, and that this risk is always present and cannot be entirely eliminated. I hereby KNOWINGLY, voluntarily and expressly assume the risks inherent in my participation in the ClassES, including the risk of injury, accident, death, loss, cost or damage to my person or property.

 

In consideration of NTCS’s agreement to instruct, assist, and train me in the Classes, and the privilege of participation in the Classes, I hereby agree to the following:

 

A.              Representations. I represent that: (i) I do not have any medical or physical condition(s) that would preclude my participation in the Classes; (ii) I have not been instructed by any physician not to participate in the Classes; and (iii) I am in good health and have no disability, impairment, injury, disease or ailment preventing me from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of my participation in the Classes. If I am pregnant or become pregnant or am post-natal, my signature verifies that I am participating in the Classes with my doctor’s full approval.

 

B.               Acknowledgement and Assumption of the Risk. I acknowledge that regardless of my health representations above, any strenuous athletic or physical activity and use of related equipment, involves certain risks that may result in injury or even death. While the instructors take great care to ensure the safety of each participant, I understand that that NTCS cannot guarantee that my participation in the Classes is free of such risks. I acknowledge that I take full responsibility for my life and well-being, and for all decisions made by me before, during and after participation in the Classes. I hereby expressly assume the risks of the Classes, including, but not limited to the risks discussed above, accidents and/or negligence by me, by NTCS’S instructors, or by other individuals participating or involved in the Classes or in or around THE NTCS PREMISES, and any cost or damage to my person or my property. I further understand that I have the complete right to stop or decrease participation at any time during the Classes, or to leave the Classes, and that it is my obligation to inform NTCS  of any symptoms such as fatigue, shortness of breath or chest discomfort. Knowing the material risks and appreciating, knowing and reasonably anticipating that other injuries are a possibility, In consideration for being permitted to participate in the Classes provided by NTCS,  I hereby forever knowingly, voluntarily, and expressly assume all risk of injury inherent in my participation in the Classes, and all other possible risk of injury, and even risk of possible death, which could occur by reason of my participation in the Classes.

I further understand that NTCS makes no claims to medical results that can or may be obtained through the use of NTCS’s Classes or use of NTCS’s  equipment. NTCS has neither suggested nor advised medical treatment or medical advice to me. Only licensed medical professionals are qualified to give such medical advice. I also understand and acknowledge that NTCS is providing recreational services and shall not be held liable for defective products.  I understand and agree that NTCS may not be held liable for my injuries sustained as a result of my participation in the Classes.  No warranties or representations have been made to me about the ClassES that are not stated on this AGREEMENT.

 

C.               Release and Waiver of Liability. I hereby release and agree not to hold NTCS its members, owners, officers, employees, trustees, contractors, contract instructors, trainees, volunteers, representatives, agents, assigns, successors, and anyone else acting for or on its behalf (collectively referred to herein as “NTCS”) from any and all liability arising from, related to, or in any way connected with, my participation in the Classes. On behalf of myself or any others who may claim on my behalf, I promise not to sue, and hereby forever irrevocably waive, release, remise and discharge NTCS from any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, related to, or in any way connected with, my participation in the Classes. This Release and Waiver applies to all claims, demands, damages, costs, expenses, actions and causes of action, foreseen or unforeseen, including negligence and breach of statutory or other duty of care. I understand and agree that this Agreement and Release and Waiver is intended to be as broad and inclusive as permitted by law.  This Release and Waiver includes, without limitation, injuries that may occur as a result of NTCS’S instruction, training, or supervision; injuries that may occur as a result of equipment that may malfunction or break; any slip, fall or other injury on or related to any NTCS’s premises, or any other PREMISES or locations where the Classes occur; and any and all ailments during or following my participation in the Classes. I understand that I forfeit my rights to sue NTCS for any claims arising out of my participation in the Classes, and this is a release of liability that is valid forever.

 

I further agree that if I, or anyone on my behalf, asserts a claim contrary to what I have agreed to in this Waiver and Release, the claiming party shall be liable for the expenses (including legal fees) incurred by NTCS in defending such claim.

 

D.              Indemnification. I assume full responsibility for my participation in the Classes, and I shall indemnify, defend, and hold harmless, at my sole expense, NTCS from and against any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorneys’ fees, arising out of or in any way relating to my participation in the Classes, whether now or in the future, including but not limited to those claims arising from my preexisting injury or medical condition. I accept financial responsibility for any injury or damage that I may cause either to myself, to any other individual, to the Class equipment, or to the premises in which the Classes occur. Should NTCS, or anyone acting on its behalf be required to incur attorney fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs.

 

E.               Class Fee and Cancellation. The fee for each Class or Class package is determined by NTCS from time to time, at NTCS’s sole discretion (the “Class Fee”).  I understand and agree that the Class Fee must be paid in full directly to NTCS prior to my participation in any Class, and, except as otherwise described herein, such Class Fee is non-refundable and non-transferrable. I agree to pay NTCS all amounts due under this Agreement. I understand and agree that I must provide at least an eight (8) hours written cancellation notice in accordance with the NTCS’s policies if I will be unable to attend a Class for any reason. If I do not provide this notice, if I have a Class package, I will be charged for the missed Class, and if I have an unlimited membership, my account will be charged a fifteen dollar ($15) late cancellation penalty. I agree to these charges.

 

 

F.               Rules and Regulations. I agree to abide by the rules, regulations and schedules of NTCS as stated herein, as well as those that may be posted at the NTCS Premises, on the NTCS website, or issued orally, and which may be amended from time to time at NTCS’s sole discretion (collectively referred to herein as the “Rules and Regulations”).  I understand and agree that, at the sole discretion of NTCS, my Class participation may be revoked or suspended at any time, if in the judgment of NTCS (i) I consistently fail to observe the Rules and Regulations; (ii) I have otherwise behaved in a manner contrary to the best interests of NTCS or any of NTCS’s clients; (iii) I have instituted any type of legal action against NTCS, including but not limited to civil actions, arbitrations and/or mediations; and/or (iv) NTCS has instituted any type of legal action including, but not limited to civil actions, arbitrations and/or mediations against me.  I understand and agree that I have no claim against NTCS by reason of ITS refusal to allow me to participate in any Class.

 

G.              Class Schedule. Class schedule is subject to change, and Class may be cancelled due to unexpected circumstances.  NTCS reserves the right to change the Class schedule at any time.  NTCS also reserves the right to cancel Classes or modify hours of operation for repair, maintenance or special occasions.

 

H.              Loss of Property.  I understand and agree that NTCS will provide an area for my personal belongings to be held during the Classes; however, I understand and agree that all such personal belongings are brought at my sole risk as to such property’s theft, damage, or loss.  I am aware that I should not bring valuables onto the NTCS Premises, and I understand and agree that NTCS shall not be liable for the disappearance, loss, theft, or damage to my personal property, including but not limited to money, negotiable securities, items left in a coat check, cubbies or lockers, or jewelry.

 

I.                 Right of Publicity Release and License. I hereby irrevocably grant NTCS the unrestricted right to use my name, appearance, image, likeness, voice, identity, picture and/or personal story (together my “Likeness”) in any manner in connection with its business (including without limitation for purposes of advertising and trade).  NTCS shall have the unrestricted right to any photograph in which I appear while participating in activities at the NTCS premises. I release my rights of publicity, editorial rights, or other rights with respect to my Likeness in connection with NTCS's business and acknowledge I will not receive any compensation for the use of my Likeness.

 

J.                Emergencies. I hereby consent to receive first aid and/or any other first aid treatment or emergency care, from any NTCS representative in the event of an accident, injury or illness during the Class. I give NTCS permission to seek emergency medical services for me in those circumstances and agree that I am responsible for any expenses incurred. I hereby agree to hold harmless and indemnify NTCS from any and all liability arising as a consequence of NTCS providing or failing to provide first aid/or seeking emergency medical services for me.

 

K.              Dispute Resolution. This Agreement and the interpretations hereof shall be governed exclusively by its terms and by the laws of the Commonwealth of Virginia, without reference to any choice of law provisions. The parties hereto acknowledge and agree that any legal action brought pursuant to this Agreement shall only be of proper venue exclusively within the courts of the Commonwealth of Virginia located closest to NTCS’s principal office. Any litigation relating to this Agreement, brought by me shall be commenced and maintained only in a federal or state court in the Commonwealth of Virginia; and I hereby consent to personal jurisdiction and venue in any such court. EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTERS INVOLVING THE PARTIES HERETO. I further understand that I will bring such dispute or claim within  six (6) months of the incident giving rise to the cause of action, even if that time is less than the applicable statute of limitations, unless otherwise required by law. Except as otherwise provided herein, the prevailing party in any lawsuit or other proceeding regarding this Agreement shall be entitled, in addition to other costs and damages, to reasonable attorneys’ fees and litigation expenses. I acknowledge that any violation of this Agreement may subject NTCS to irreparable injury not fully compensable in monetary damages, and that in the event of such a violation NTCS shall be entitled to preliminary or permanent injunctive relief. I further consent to court enforcement of the specific language of this Agreement.

 

L.               Miscellaneous.

1.                Survival.  I agree that my obligations as detailed herein shall continue in effect after termination of this Agreement, regardless of the reason, and whether such termination is voluntary or involuntary.

2.                Headings. All headings used in this Agreement and its attachments are intended for convenience of reference only and shall not affect the construction or interpretation of the Agreement. Words of any gender used in this Agreement shall be held to include any other gender, and words in the singular shall be held to include the plural when the sense requires.

3.                Severability.  I acknowledge and understand that the terms contained in this Agreement are fair and reasonable, and are reasonably required for the protection of NTCS. If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.

4.                Binding Effect. I hereby agree that this Agreement shall be effective and binding on my heirs, next of kin, executors, administrators, successors, representatives, assigns and/or transferees in the event of my death or incapacity.

5.                Assignment. NTCS may, at any time and without notice: (i) assign this Agreement to any entity that acquires all or substantially all of its assets or its business that is the subject hereof, or (ii) assign this Agreement to any entity that is owned by NTCS.

6.                Waivers. Waiver by NTCS of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of such term, covenant or condition, or any subsequent breach of the same or any other term, covenant or condition herein contained.

7.                Modification.  This Agreement may only be modified by the mutual written agreement of both parties hereto. No oral statement shall in any manner modify or otherwise affect the terms and conditions set forth herein.

8.                Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements on this matter. There are no other written or oral agreements, representations, or understandings with respect to the subject matter of this Agreement.

 

I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS.  I voluntarily and knowingly agree to the terms and conditions stated herein. I recognize that BY SIGNING THIS DOCUMENT, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING ANY RIGHT I OR MY heirs, next OF KIN, executors, administrators and assigns MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST NTCS.  I intend for my signature to be a complete and unconditional release of liability OF NTCS to the greatest extent permitted by law.

 

Name
Name