Release of Liability

RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK

While there are many benefits to having access to and use of the premises, facilities, equipment and amenities of In‐Shape Solutions, LLC, dba In‐Shape Family Fitness ("ISFF") including, without limitation, participating in or observing classes, training, activities, streaming and on‐demand classes, use of wellness modalities including compression, massage and massage chairs, hydrobeds, cold or heat therapy, and other multi‐sensory experiences, and off‐site events and activities provided, organized or sponsored by ISFF (collectively, "ISFF Access, Activities and Use"), it is important that you understand and acknowledge that your or your minor child’s (as used herein, "your minor child" includes, in addition to your own child or children, any persons for whom you serve as legal guardian) ISFF Access, Activities and Use includes inherent risks of injury to you and your minor child, whether caused by the actions or negligence of you, your minor child, someone else, or ISFF. Specific risks vary from one activity to another and include, but are not limited to, injuries arising from use of exercise equipment and machines; injuries arising from participation in supervised or unsupervised classes, activities or programs; injuries and medical disorders arising from exercising such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; injuries occurring while swimming, using the sauna or spa, or while observing others participating in activities; injuries occurring in dressing rooms and other facilities; and injuries caused by other ISFF members or guests. In some cases, the injuries may be so severe that they result in permanent disability, head injury, paralysis, and even death. Risks also include exposure to or infection by diseases, bacteria, viruses, and coronaviruses including, without limitation, COVID‐19. Injuries can occur at an ISFF premises or facility or at an off‐site event or activity sponsored or organized by ISFF. 

In consideration of your or your minor child's ISFF Access, Activities and Use, you, for yourself and your minor child, agree, to the greatest extent permitted by law, to waive any and all claims against and to hold harmless, release, indemnify, and agree not to sue ISFF and any of its officers, directors, employees, agents, contractors, affiliates, successors and assigns (each a "Released Party") for any injury, including without limitation, personal, bodily, or mental or emotional injury, death, economic loss, property damage, or any other injury or damage sustained by you or your minor child, arising in whole or in part out of your or your minor child's ISFF Access, Activities and Use, including, but not limited to, those claims based on any Released Party's alleged or actual negligence or breach of any contract and/or express or implied warranty or breach of any statutory or other duty of care. You acknowledge and agree that negligence includes failure on the part of any Released Party to take reasonable steps to safeguard or protect you or your minor child from the risks, dangers and hazards associated with ISFF Access, Activities and Use. 

In further consideration of your or your minor child's ISFF Access, Activities and Use, you further agree to indemnify, defend and hold any Released Party harmless from any loss, liability, or damage a Released Party may incur, in connection with claims for personal injury, bodily injury, wrongful death or property damage (i) caused by your or Your minor child's negligence or other wrongful acts or omissions, or (ii) brought by you or your minor child, even if ISFF was negligent. You further agree that ISFF will not be responsible or liable for any loss, theft, or damage to any of your or your minor child's property in or about the premises of ISFF including, but not limited to, any personal property left in a locker or automobile.
You agree that the foregoing Release and Waiver of Liability and Assumption of Risk is intended to be as broad and inclusive as is permitted by the laws of California and that if any portion hereof is held invalid the balance shall continue in full force and effect.