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Waiver and Release of Liability


Waiver and Release of Liability

I hereby agree to this Waiver and Release of Liability as a condition to and in consideration of my receipt of personal training services and or participation in exercise classes under the direction of _Progression Fitness, LLC DBA Get Results Fitness_(“Trainer”) in or about a building identifiable as 1450 Brickell Avenue, Miami, Florida 33131 (the “Building”), which is owned by 1450 Brickell, LLC (the “Company”). I agree to the following. 

  1. Assumption of Risk. I acknowledge that engaging in exercise or physical activity poses a risk of injury, harm, or even death. I agree that if I engage in any physical exercise or activity, including personal training or exercise classes under the supervision of Trainer at the Building, or enter the Building’s premises or use any exercise facility or related equipment for any purpose, I do so at my own risk and assume the risk of any and all physical or emotional injury and or damage I may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and or resulting from using any premises or facility in or about the Building, or using any equipment, whether provided to me by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer or Company, whether active or passive, or any of Trainer’s or Company’s affiliates, employees, agents, representatives, successors, and assigns. My assumption of risk includes, but is not limited to, my use of any exercise equipment (mechanical or otherwise), fitness center, locker rooms, or other areas of the Building where exercises activities may occur. I assume the risk of my participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, or any other sporting or recreational endeavor. I agree that I am voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, death, or loss of my property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer, Company, or otherwise. 
  2. Release and Indemnification. I on behalf of myself—and all of my personal representatives, heirs, executors, administrators, agents, and assigns (collectively, the “Releasors”)—release and discharge Trainer and Company (including Company’s affiliated entities, such as Amkin Management, LLC) (collectively, the “Releasees”), including the related entities, employees, contractors, agents, representatives, successors, and assigns of any of the Releasees, from any and all claims, damages, losses, liability, or causes of action (whether known or unknown) arising out of the negligence of Trainer or Company (or of any of the other Releasees), whether active or passive associated in any way with any activity in or about the Building. This waiver and release of liability includes, without limitation, injuries that may occur as a result of: (a) my use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and or (e) slipping or tripping and falling while in any portion of the Building or while traveling to or from personal training in or about the Building, including injuries resulting from Trainer’s, Company’s, or anyone else’s negligent inspection or maintenance of the facility or premises of the Building. By execution of this agreement, I hereby also agree to indemnify and hold harmless Trainer and or Company (including Amkin Management, LLC) from any loss, liability, damage, or cost Trainer or Company may incur due to the provision of personal training by Trainer to me. 
  3. Acknowledgments; and Forum. I expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I acknowledge that I have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk, and indemnity agreement. I am aware and agree that by executing this waiver and release, I are giving up my right to bring a legal action or assert a claim against trainer for Trainer’s or Company’s negligence, or for any defective product used while receiving personal training from Trainer. I have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. I agree that the exclusive forum for any legal proceedings associated in any way with this document is the located in Miami- Dade County, Florida. 
  4. All personal training sessions paid for in advance, must be trained within 6 months of purchase, are transferable (per verbal or written agreement) and are not refundable.

Electronic Signature and Acknowledgement
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The Foregoing is Agreed to By: