Trainer Release & Indemnity
Background. I, the undersigned, am entering into a relationship with The Foundry Lancaster, LLC (“Health
Club”), a Pennsylvania limited liability company referred to herein as “Health Club,” pursuant to which I am being granted the right to use Health Club’s facilities to provide personal training services to my clients. My use of any and all facilities of Health Club and my access to, over, or through, my presence on, and my use of any real property in connection with such use is referred to in this Release as “Activity.” Health Club and its respective principals, managers, officers, members, employees, and agents are each referred to herein as a “Releasee” and collectively referred to herein as the “Releasees.”
1. Assumption of Risk and Release of Liability. I AM EXPRESSLY AND VOLUNTARILY
ACCEPTING AND ASSUMING THE RISK OF, AND HEREBY UNCONDITIONALLY RELEASE THE
RELEASEES FROM, ANY AND ALL LOSS, COST, LIABILITY, AND EXPENSE OF ANY NATURE
WHATSOEVER IN ANY WAY RELATED TO ANY PERSONAL INJURY OR DAMAGE (INCLUDING, BUT
NOT LIMITED TO, DEATH) OR DAMAGE TO PROPERTY THAT I OR ANY OF MY CLIENTS MAY
SUFFER THAT IN ANY WAY ARISES FROM OR RELATES TO ANY ACTIVITY, REGARDLESS OF
WHETHER SUCH INJURY OR DAMAGE ARISES OUT OF INHERENT, FORESEEABLE, AND
REASONABLY EXPECTED RISKS OR NOT AND REGARDLESS OF ANY NEGLIGENCE ON THE PART
OF ANY OF THE RELEASEES.
2. Indemnity. I agree to indemnify and hold each Releasee harmless from and against any and all loss, cost,
liability, or expense of any nature whatsoever (including, but in no way limited to, attorney fees), whether or not involving a third-party claim, incurred by any Releasee and in any way arising directly or indirectly from or in connection with, in whole or in part, the: (a) involvement of myself or any of my clients in any Activity; or (b) my breach of or failure to honor this Release.
3. Client Release. I agree that prior to training a new client in the Health Club, I will have the client sign a
Release waiving the Health Club from any liability and indemnifying the Health Club from any loss, liability cost or expense.
4. Name, image, likeness usage I understand Health Club may, at any time, take pictures and videos or the
like for promotional purposes and I give permission for the free use of my name, voice, or pictures in any broadcast, telecast, advertising promotion or other account of the Health Club.
5. Session packages. I agree to only train clients under the Session packages program that I have
signed up for to use for training purposes and will not bring clients or train clients in the Health Club under any other circumstances or without having signed up for a session package using the on-line reservation system for that purpose. I understand my failure to do so may result in revocation of my privileges and/ or dismissal from the Health Club.
6. Additional Covenants. I further agree as follows: (a) The “Background” Section of this Release and all
definitions provided in that Section are incorporated into the body of the Release as if fully set forth herein. (b) The provisions of this Release are severable, and if any provision is held invalid for any reason, such provision will be adjusted or “blue penciled” to the extent necessary to cure the invalidity and all other provisions in the Release will remain valid and enforceable. (c) I will not assign any obligation under this Release to any third-party for any reason.
I, THE UNDERSIGNED, HAVE READ AND FULLY UNDERSTAND THIS RELEASE AND INDMNITY I
AM SIGNING THIS RELEASE AND INDEMNITY WILLINGLY, INTELLIGENTLY, AND
VOLUNTARILY, AND WITH THE INTENT THAT THIS RELEASE AND INDMNITY BE LEGALLY
BINDING ON MYSELF AND MY HEIRS, SUCCESSORS, ASSIGNS, AND LEGAL AND PERSONAL