MEMBER/GUEST WAIVER OF LIABILITY & RELEASE
Because physical exercise can be strenuous and subject to risk of serious injury or death, Akin Training & Yoga (“Us” or “Our”) urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity at Our facilities. You (each member, client, guest, and all participating family members) agree that if you engage in any physical exercise or activity, or use any gym amenity or equipment on the premises or off premises, including any sponsored gym event, you do so entirely at your own risk. Any recommendation for changes in diet, including the use of food supplements, weight reduction and/or bodybuilding enhancement products are entirelyyour responsibility, and you should consult a physician prior to undergoing any dietary or food supplement changes. Further, you fully understand and acknowledge that physical exercise can lead to serious injury, illness and death. Despite the known risks, you agree that you are voluntarily participating in these activities and the use of Our facility and premise and assume all risks of injury, illness, or death. In addition, you agree that Akin Training & Yoga is not responsible for any loss of your personal property.
This waiver and release of liability includes, without limitation, all injuries, illnesses or death, known and unknown, that may occur to you as a result of: (1) the use of all amenities and equipment in the facility and participation in any activity, class, program, personal training or instruction; (2) the sudden and unforeseen malfunctioning of any of Our equipment or any other equipment; (3) Our instruction, training, supervision, or dietary recommendations; (4) slipping and/or falling while in the building, or on the premises, including adjacent sidewalks and parking areas; (5) contact with other participants; (6) the effects of the weather, including high heat and/or humidity; and all other such risks regardless of whether the risks are known and/or unknown and appreciated by you.
I hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with participation in any activity. To that end, I acknowledge that I am physically fit and mentally capable of performing the physical activity I choose to participate in. I understand that it is my responsibility to acquire and use activity-appropriate and/or required equipment and protection. I agree to reduce the risk of injury by limiting my participation to reflect my personal fitness level and by notifying an employee of Akin Training & Yoga immediately if I do not believe I can safely continue an activity. I understand that accidents, injuries and even death can and do occur despite precautions. I understand that physical activities may be dangerous, and that I may be injured as a result of participation in any physical activity. Notwithstanding, after reading this waiver and knowing these facts and appreciating the risks, known and unknown, I FULLY AND COMPLETELY ASSUME ALL RISKS RELATED TO ANYPHYSICAL ACTIVITY I participate in at Akin Training & Yoga, including the risk of death, injury, illness or loss from any accidents, theft of or damage to personal belongings.
In addition, to the fullest extent permitted by law, on behalf of myself, my spouse, heirs, representatives, executors, administrators and assigns, I AGREE TO FOREVER HOLD HARMLESS, WAIVE, RELEASE, INDEMNIFY and COVENANT NOT TO SUE Akin Training & Yoga, Mary Akin (personally), its officers, agents, employees, organizers, representatives, and successors from any and all claims, causes of action and demands and agree to voluntarily give up or waive any right that I may otherwise have to bring a legal action against Akin Training & Yoga, Mary Akin (personally), its officers, agents, employees, organizers, representatives, and successors for personal injury or property damage. This release also applies to any negligence on the part of Akin Training & Yoga, Mary Akin (personally), its agents and employees. In other words, this release and waiver applies to injuries, illnesses and/or death caused by the negligence of Akin Training & Yoga, Mary Akin (personally), its agents and employees.
This agreement shall be construed and enforced in accordance with the laws of the State of Oklahoma, and I consent to the jurisdiction of this state. I expressly agree that this waiver and release is intended to be as broad and inclusive as permitted and that if any portion is held invalid, the remainder shall continue in full legal force and effect.