MF Sign Up Form

LIABILITY WAIVER AND RELEASE AGREEMENT

THIS LIABILITY WAIVER AND RELEASE AGREEMENT (this “Agreement”) dated as of the date of signature affixed in the signature block below (the “Effective Date”) is by and between MORNING FITNESS, LLC, a Florida limited liability company, its parents, subsidiaries, and affiliates, maintaining a business address at 2622 CYPRESS RIDGE BLVD, WESLEY CHAPEL FL, (collectively referred to as “Company” and also the “Club”)) and the individual identified in the signature block below, and its successors, heirs, and assigns (hereinafter “Participant” if 18 years of age or older, and “Minor Participant” if under the age of 18, jointly and severally and thereby referred to as Participant). Each Company and Participant are individually a “Party” and collectively the “Parties” to this Agreement.

I, the undersigned agree that I am freely willing and able to participate in membership, use, or visiting and/or accessing fitness activities offered at the Club, and to use the facilities of the Club. I understand I will have access and use of training areas, weights, cardio equipment, bathrooms, hallways, lobby areas, outdoor areas, parking areas, and any other space(s) controlled or used by the Club offered to members and the general visiting public. Therefore, I acknowledge that my membership, use, or other form of participation at the Club’s premises is expressly conditioned on my agreement to waive, release, and completely hold harmless the Club by agreeing to each of the following terms of this Agreement:

1)      Participant understands and acknowledges that physical exercise and gym activities involve inherent risks, including but not limited to: muscle strains/sprains, tears, dizziness, fainting, heat illness, dehydration, abnormal blood pressure, heart issues, fractures, slipping/tripping/falling, dropped weights, equipment malfunction or failure, sickness from the spread of germs, and serious injury, permanent disability, total or partial paralysis, or death. Risks may also arise from the actions or omissions of other participants, including negligent or improper use of equipment, training, or other activity.

2)      Participant understands and acknowledges the normal, recognized fitness activities by a Participant at the Club include but are not limited to the following:

·       General gym use (weights, machines, cardio equipment, functional training)

·       Group activities, personal training, coaching sessions, assessments

·       Use of any equipment, amenities, or facilities

·       Participation in any events, challenges, demonstrations, or offsite activities organized by the Club or its contracted designees (if applicable)

Therefore, activities outside of the foregoing recognized fitness activities could cause inherent risks to health and/or the human body that are outside of the Club’s control. Participant is assuming the risk for engaging in activity not contemplated at the Club or in any regular fitness regimen.

3)      Participant fully understands and acknowledges any such risks and dangers may be caused by the negligence of the representatives, employees, contractors, or volunteers of the Club, or the negligence of the other members and/or participants, the negligence of others, accidents, breaches of contract, or other causes. Therefore, by my participation in any such activities at the Club, and for use of any equipment at the Club, I hereby assume all risks and dangers and all responsibility for any losses and/or damages whether caused in whole or in part by the negligence or the conduct of the representatives, employees, contractors, or volunteers of the Club, or by any other person.

4)      Participant has obtained the consent of its own independent medical professional to engage in physical activity comparable those activities offered by/at the Club. Participant further understands that along with the benefits of any medical advice, there are both risks and potential complications of undiagnosed health matters arising during the course of physical activity. Participant further represents and warrants all risks and potential complications of engaging in physical activity at the Club have been explained to Participant and Participant agrees that Participant has had an opportunity to have its questions answered and/or received information regarding those risks, potential complications, and benefits before executing this Agreement.

5)      Participant represents and warrants Participant is physically able to participate and has no medical condition(s) that would make participation unsafe (or has have obtained medical clearance and presented proof of the same to the Club). Participant further represents and warrants Participant will not participate while under the influence of alcohol, illegal drugs, or any substance that could impair judgment or safety.

6)      Participant covenants, acknowledges, and agrees the Club does not provide medical advice and is not responsible for monitoring or treating any condition or ailment of Participant at any time.

7)      Participant is voluntarily assuming full responsibility for the use of any fitness equipment, which is not manufactured by the Club; therefore, PARTICIPANT ACKNOWLEDGES AND AGREES THE CLUB MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; MAKES NO WARRANTY THAT (I) THE SERVICE AND THE PRODUCTS AVAILABLE AT THE CLUB WILL MEET PARTICIPANT’S REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR WILL BE CORRECTED OR REMEDIED FOR MAINTENANCE DURING ANY SPECIFIC PERIOD OF TIME. In consideration of Participant’s use of the exercise equipment and facilities provided by the Club, Participant expressly agrees and contracts, on behalf of itself, its heirs, executors, administrators, successors and assigns, that the Club and its insurers, employees, officers, members, managers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by Participant, or any guest of Participant in, on, or about the premises, or as a result of the use of the equipment or facilities of the Club, regardless of whether such injuries result, in whole or in part, from the negligence of the Club.

8)      Participant agrees to follow all posted rules and staff instructions, use equipment as intended, and stop exercise if Participant feels pain, dizziness, or other forms of discomfort. Participant understands the Club may refuse or terminate access for unsafe or inappropriate behavior.

9)      The undersigned Participant hereby agrees to fully INDEMNIFY, DEFEND AND HOLD HARMLESS the Club and its affiliates, subsidiaries, and each if their own respective members, owners, managers, officers, directors, employees, agents, shareholders, successors, heirs, and assigns from and against all losses, damages, liabilities, deficiencies, actions, lawsuits, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind (including reasonable attorneys’ fees) arising out of, related to, or resulting from: (i) any acts of willful misconduct, negligence or intentional torts of the Participant; (ii) any acts of willful misconduct, negligence or intentional torts of Participant; (iii) any damage to real or tangible, personal property, or other such forms of property of a third party resulting from the actions of Participant and/or any of the Participants that Participant permits to be a guest of the Club; (v) any failure to tender payment of fees required of Participant, including but not limited to any collection and attorney’s fees associated with non-payment; (v) any third party claims or actions brought by or on behalf of Participant, Participant’s estate, family member, or other acquaintance; or (vii) any breach of this Agreement by Participant.

10)   Participant covenants and agrees the Club shall not be liable, under any theory of negligence, contract, equity, law, tort, or other form of damages to Participant for (1) any incidental or consequential damages, liabilities, claims, or losses, however caused, or for (2) any punitive damages. For purposes of this Agreement, incidental or consequential damages shall include, but not be limited to, loss of anticipated revenues, income, profits or savings; loss of or damage to property; loss of or damaged to business reputation or good will; loss of employment; loss of business or financial opportunity; medical fees and/or medical costs of any kind, delay in arrival due to acts outside of the Club’s reasonable control; technological or mechanical failure of any equipment outside of the Club’s reasonable control; loss of any payment or expense for any purpose or event or reservation as an aspect of the purpose of Participant engaging with the Club; or any other indirect or special damages of any kind categorized as consequential or incidental damages under Florida law. The Club’s total liability to Participant for claims under this Agreement, whether based on an action or claim in contract, equity, negligence, tort or otherwise, shall not exceed the total fees payable to Company by Participant that Participant is accompanying in such transport during the period immediately preceding the event giving rise to the claim.

11)    Waiver and Release. Participant expressly and irrevocably hereby fully waives and releases and forever discharges the Released Persons from any and all Claims, whether known or unknown, fixed or contingent, direct or indirect, of any nature, which Participant may ever have/had against the Released Persons, arising out of or relating to the Club . WITHOUT LIMITATION OF THE FOREGOING RELEASES, YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED OR EXPANDED BY APPLICABLE LAW, THE CLUB AND ALL OTHER RELEASED PERSONS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIMS, INCLUDING BUT NOT LIMITED TO THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, DEATH, BODILY INJURY, MAMING, DISFIGUREMENT, OR HAZARD; (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE CLUB’S FACILITIES, ITS EQUIPMENT, OR ANY OTHER RESOURCES OF THE CLUB AS IS REQUIRED BY LAW, (C) YOUR BREACH OF THIS THIS AGREEMENT, (D) YOUR VIOLATION OF ANY PROHIBITED STATUTE OR LAW SET FORTH THEREIN, OR YOUR VIOLATION OF ANY LAW, OR OF GOOD SAFETY PRACTICES, (E) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY PARTICIPANT, (F) PARTICIPANT’S FAILURE TO FOLLOW MEDICAL DIRECTIONS; OR (G) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY PARTICIPANT ASSOCIATES WITH AT THE CLUB OF ITS CHOOSING (I.E., PERSONAL TRAINFERS). PARTICIPANT WAIVEA ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER GROUNDS, EVEN IF PARTICIPANT OR ANY OF THE OTHER RELEASED PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS. WITHOUT LIMITING THE BREADTH OF THE FOREGOING, PARTICIPANT AGREES TO RELEASE THE CLUB AND ALL OTHER RELEASED PERSONS FOR ANY INJURY, DAMAGES OR LOSSES CAUSED BY THE ALLEGED NEGLIGENCE OF DRIVER OR ANY OTHER RELEASED PERSON INVOLVED WITH DELIVERY OF THE PROVISION OF THE SREVICES OFFERED TO PARTICIPANT. “CLAIMS ” means, collectively, any and all lawsuits, claims, injuries, demands, judgements, liabilities, costs, payments, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, injuries, medical issues, medical payments of any kind, contracts, promises, costs, expenses (including attorneys' fees, whether incurred at or in preparation for trial, appeal, mediation, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Services, including any of the Vehicles, Drivers, or related information, or (b) Participant’s use of any of the foregoing. “RELEASED PERSONS ” means, collectively, (i) the Club, and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns,. (ii) each and all of their respective members, owners, managers, officers, directors, employees, agents, subcontractors, contractors, shareholders, successors, heirs, and assigns, and (iii) every sponsor of the Club, and all of their affiliates, dealers, and any of their respective owners, officers, directors, employees, agents, representatives, successors, and assigns.

12)    Dispute Resolution. Except for a request for an injunction or other equitable remedy, any dispute, controversy, or claim, whether contractual or non-contractual, including without limitation any federal or state statutory claim, common law or tort claim, or claim for attorney’s fees, between the Parties hereto arising directly or indirectly out of or connected with this Agreement and/or the Parties’ business relationship, unless mutually settled by the parties hereto, shall be resolved by binding arbitration conducted pursuant to the Federal Arbitration Act and in accordance with the Employment Arbitration Rules of the American Arbitration Association (the “AAA”). The Parties agree that before proceeding to arbitration that they will mediate their disputes in Hillsborough County, Tampa, Florida before a mutually selected mediator. If the parties are unable to mutually select a mediator, then the parties shall jointly request that the AAA appoint n mediator. If no resolution is found at mediation, the parties then move to arbitration. Any arbitration shall be conducted by an arbitrator mutually selected by the parties. If the parties are unable to mutually select an arbitrator, the parties shall jointly request that the AAA appoint an arbitrator. All such disputes, controversies or claims shall be conducted by a single arbitrator, unless the parties mutually agree that the arbitration shall be conducted by a panel of three arbitrators. The resolution of the dispute by the arbitrator(s) shall be final, binding, nonappealable, and fully enforceable by a court of competent jurisdiction under the Federal Arbitration Act. The arbitrator(s) may award damages to the prevailing party. The arbitration award shall be in writing and shall include a statement of the reasons for the award. The arbitration shall be held in the in Hillsborough County, Tampa, Florida. The parties shall initially pay equal amounts of all AAA, mediation, and arbitrator’s fees and costs. The arbitrator(s) may award reasonable attorneys’ fees and/or costs to the prevailing party. All arbitration proceedings shall commence no later than ninety (90) days from the date a Party first sends notice to the other Party requesting the demand for arbitration and shall be finalized no later than 180 days thereafter.

13)   This Release, its interpretation, and all questions concerning the execution, validity, capacity of the parties under this Release, shall be governed solely by the laws of the State of Florida, without regard to any choice-of-law principles that might direct application of the laws of any other jurisdiction. The parties expressly and irrevocably: (a) consents to the exclusive jurisdiction of a court located in Hillsborough County, Florida; (b) agrees that this Agreement is entered into in the State of Florida and any breach of this Agreement shall be deemed a breach of a contract in the State of Florida pursuant to Florida Statutes; (c) agrees that he is subject to personal jurisdiction in such courts located in Hillsborough County, Florida, and that he has the requisite contacts with the State of Florida such that the exercise of personal jurisdiction complies with Florida’s long arm statute and the requirements of due process; (d) agrees that venue is appropriate in such courts; (e) waives any defense or objection based on a lack of personal jurisdiction; (f) waives any argument that such courts are an improper venue or an inconvenient forum; and (g) agrees that in the event any action arising out of, based on or relating in any way to this Release is instituted in any court other than the state or federal courts located in Hillsborough County, Florida, Client will not object to, but rather will affirmatively consent to, Replenish IV’s efforts to have such action dismissed or, if appropriate, transferred to the appropriate state or federal court located in Hillsborough County, Florida.

14)   Participant covenants and agrees Participant is at least eighteen (18) years of age and fully competent; and executes this Agreement for full, adequate and complete consideration fully intending to be bound by the same, or if under the age of 18 years of age and requires the consent and signature of a parent/guardian fully competent to execute this Agreement agreeing to the same. By signing this Agreement, the signatory below for Participant acknowledges and presents that Participant read this entire Agreement and agrees to hold harmless the Club, agreeing not to sue, file or pursue any lawsuit, claim, or legal proceeding against the Club for any reason or matter released in this Agreement, and understands and signs this Agreement voluntarily of Participant’s own free act and deed; and no oral representations, statements, or inducements, apart from this Agreement, have been made to Participant.

15)   This Agreement can be executed by hand-written ink signatures, electronically, or executed by PDF formatting and shall be deemed an original.

THE COMPANY HEREBY INFORMS PARTICIPANT THAT BY SIGNING THIS AGREEMENT AND ACKNOWLEDGING AND ACCEPTING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PARTICIPANT RELEASES AND WAIVES CERTAIN LEGAL RIGHTS THAT PARTICIPANT OTHERWISE MIGHT HAVE, AND THAT PARTICIPANT SHOULD READ ALL OF THE FOREGOING TERMS AND THEIR CONDITIONS CAREFULLY AND UNDERSTAND THE ENTIRE AGREEMENT FULLY BEFORE SIGNING.

[SIGNATURE FOR PARTICIPANT]

  IN WITNESS WHEREOF, the Participant hereby represents and warrants to Company that: (i) Participant is of legal age and capacity in the State of Florida to execute this Agreement and is not fraudulently misrepresenting the legal capacity for which the Participant is claiming; (ii) Participant is entering into this Agreement of Participant’s own free will; (iii) Participant is not under any duress to enter into this Agreement; (iv) the terms hereof are fair and reasonable to the Participant; (v) Participant understands Participant does not need to sign this Agreement if Participant does not agree to its terms; (vi) Participant is understands and accepts the terms of this Agreement and assumes the risks of membership in the Club; (v) Participant certifies that Participant is in good health and sufficient physical condition to properly participate in fitness activities at the Club, has duly consulted with their health care provider concerning the appropriate level of physical activity to engage in; (vi) Participant understands and agrees physical exertion is a component of physical exercise that occurs at the Club and assumes all risks associated with such activities; (vii) Participant understands it has the choice and the opportunity to ask questions and/or seek independent review by an independent counsel of Participant’s choosing before affixing Participant’s signature below; and (viii) Participant agrees any changes or modifications after execution of this Agreement are only effective if agreed to in writing by Company.

PARTICIPANT

Print Name:

MEDIA CONSENT WAIVER & RELEASE

THIS MEDIA CONSENT WAIVER & RELEASE (hereinafter the “Release”) is entered into on the date set forth below and hereby agreed to by the party identified and set forth below, on their own behalf and on behalf of their own respective principals, agents, affiliates, subsidiaries successors, assigns, heirs, representatives, and attorneys (hereinafter the “Releasor”), whose signature is affixed below to this Release to reference Releasor’s acknowledge and agreement to the terms and conditions in this Release, and to reflect the Releasor’s consent to all of the foregoing rights for release and relinquishment of other rights and claims set forth herein. Whereby, as an aspect of Releasor’s membership in the Club, access and receipt of services therefrom, and for other good and valuable consideration from MORNING FITNESS, LLC, and its parent(s), affiliate, and subsidiary entities (hereinafter the “Club”), Releasor hereby, irrevocably, fully and unconditionally releases and forever waives, releases, and discharges the Club and its own respective past or present members, managers, directors, officers, employees, attorneys, principals, agents, affiliates, subsidiaries, successors, assigns, heirs, representatives, trustees, donors, employees, agents and volunteers, and insurers, from and against any and all known and unknown, present and future claims, counterclaims, demands, actions, suits, causes of action, damages, payment obligations, controversies and liabilities, including, without limitation, any costs, expenses, bills, penalties or attorneys’ fees, whether known or unknown, contingent or absolute, foreseen or unforeseen, present and/or future, and whether in law, equity or otherwise, that could have been asserted in any court or forum and relating in any way to any conduct, occurrence, activity, expenditure, promise or negotiation arising from or relating to the following:

(i) Releasor understands, covenants, and agrees that while being present at the Club’s premises and participating in membership and activities at the Club’s premises, Releasor’s name, image, likeness, voice, and/or appearance may be captured incidentally in the background of photographs, videos, audio recordings, livestreams, or other forms of media by the Club, or by any of the Club’s members inadvertently while the Club and/or a Club’s member(s) may be capturing their own appearance by a form of media for self-promotion. Releasor understands the same may be posted by a member of the Club on forms of social media, websites, recordings, business postings, or other publications without knowledge of the Club. Such disclosures and postings conducted by a member are outside of the control of the Club, are not sanctioned by the Club, and do not represent the positions of the Club or an authorization by the Club for any member to use your image, etc.

(ii) Releasor gives consent to the Club to photograph, videotape, or otherwise digitally record and use Releasor’s images, likeness, and/or sound recordings of Releasor (or consent is granted for Releasor’s minor child if applicable and identified below) to use in any public media, including radio, television, internet, news, articles, research, publications, social media, video, print, or any other form in any of the Club’s or its partners’ marketing, news, articles, research, social media, publications, productions, or other media  posts. Releasor understands that the intended use of the foregoing and information is solely for the purpose of advertising, marketing, testimonials, fundraising and/or the promotional and public awareness purposes for the Club’s business, and not for any other purpose. The Releasor hereby waives and releases any rights or interest in the likeness, images, or recordings, as contemplated in this Release. Releasor acknowledge that this consent to Releasor’s likeness, and to use images and/or recordings is being made solely for the benefit of the Club and comes without any expectation of monetary compensation of any kind or other benefit to me. To the extent that any benefit accrues or might accrue to the Club from the use of Releasor’s likeness, images and/or recordings or information, Releasor hereby and forever waives any interest in or claim to such benefits, and releases the Club forever from liability related to the same, including but not limited to monetary rights, rights of publicity, invasion of privacy, misappropriation, defamation or other claims to the fullest extent permitted by law.

(iii) In addition to the foregoing, Releasor gives consent to the Club to use Releasor’s email address and phone number it provides to the Club herein for automatic use for the Club’s general marketing, promotion and advertising campaigns proposed to be conducted by email and text messaging marketing. You agree to such collection of your personal information by the Club for direct email and text message marketing purposes, and if you prefer to no longer accept such solicited marketing email and text message communications you can choose to opt-out of the same at any time at your own discretion by providing your removal of consent requirements and opt-out (or unsubscribe) pursuant to the mechanisms provided in the email and text messaging correspondence you receive from the Club. You can also revoke such participation and unsubscribe as stated below herein. Unless otherwise specified in your rate plan, your wireless service may not include coverage to receive such messaging—and additional data and use fees and charges may apply, and shall be at your sole cost and expense, not of the Club. The foregoing waiver and release of claims in this Release includes the foregoing email and text message marketing uses by the Club as set forth herein.

This Agreement, its interpretation, and all questions concerning the execution, validity, capacity of the Parties and the performance of this Agreement, shall be governed solely by the laws of the State of Florida, without regard to any choice-of-law principles that might direct application of the laws of any other jurisdiction. It is expressly and irrevocably agreed that Releasor: (a) consents to the exclusive jurisdiction of a court located in Hillsborough County, Florida; (b) agrees that this Release is entered into in the State of Florida and any breach of this Release shall be deemed a breach of a contract in the State of Florida pursuant to Florida Statutes; (c) agrees that he is subject to personal jurisdiction in such courts located in Hillsborough County, Florida, and that Releasor has the requisite contacts with the State of Florida such that the exercise of personal jurisdiction complies with Florida’s long arm statute and the requirements of due process; (d) agrees that venue is appropriate in such courts; (e) waives any defense or objection based on a lack of personal jurisdiction; (f) waives any argument that such courts are an improper venue or an inconvenient forum; and (g) agrees that in the event any action arising out of, based on or relating in any way to this Release is instituted in any court other than the state or federal courts located in Hillsborough County, Florida, that Releasor will not object to, but rather will affirmatively consent to, The Club’s efforts to have such action dismissed or, if appropriate, transferred to the appropriate state or federal court located in Hillsborough County, Florida. This Agreement can be executed by hand-written ink signatures, electronically, or executed by PDF formatting and shall be deemed an original.

PLEASE READ CAREFULLY. THIS RELEASE INCLUDES THE RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS AND FURTHER RELEASOR UNDERSTANDS THAT IT IS GIVING UP CERTAIN LEGAL CLAIMS IT HAS OR MAY HAVE AGAINST THE CLUB BY SIGNING THIS RELEASE. RELEASOR FURTHER ACKNOWLEDGES THAT IT ENTERS INTO THIS RELEASE KNOWINGLY, WILLINGLY AND VOLUNTARILY.

SIGNATURES AND CONSENT

PLEASE MAKE SURE TO CHECK ONE OF THE FOLLOWING;

I, , the Releasor, agree to (a) grant the Club a worldwide, perpetual, irrevocable, royalty-free right and license to use my name, image, likeness, voice, and/or appearance in any format, including for advertising, marketing, promotion, social media, website content, print materials, email campaigns, and other business-related communications, without further notice; and (b) provide my personally identifiable information herein as a voluntary authorization for the Club to use it as permitted in this Release. I fully understand my consent is subject to revocation at any time, which such action can be taken in reliance thereon, by notifying The Club in writing at: INFO@ITSMORNINGFITNESS.COM

I, , the Releasor, do not agree to provide my personally identifiable information herein as a voluntary authorization for the Club to use it as permitted in this Release, and I do not agree to be captured and featured in any marketing content as a voluntary authorization for the Club to use my image and likeness in any manner; however, I understand this request cannot guarantee I will not be captured incidentally (e.g., background of a gym photo).

I, , the Releasor, have been fully informed of the rights I have and all of the claims I am waiving and releasing against the Club. I hereby agree I am executing this Release voluntarily and of my own free will and volition, having a complete understanding of the rights I am waiving and claims I am releasing pursuit of against the Club.

Releasor Name: