Client Waivers

Client waiver and release of liability

Waiver and Release of Liability

IN CONSIDERATION OF the risk of injury that exists while participating in THERAPY (hereinafter the "Activity");and

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in

same; 

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives

(hereinafter collectively,"Releasor," "I"or "me", which terms shall also include Releasor's parents or guardian if

Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY

and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the

Activity; and

I HEREBY release and forever discharge CLUB RECHARGE, at all locations their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs,

representatives, predecessors, successors, and assigns (collectively "Releasees"), from any physical or

psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE

ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS

ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN,

SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS),

ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE

ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED

RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I FURTHER AGREE to indemnify, defend, and hold harmless the Releasees against any and all claims, suits or

actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on

my behalf, including attorney's fees and any related costs.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of

any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should

require medical care or treatment, I authorize Club Recharge to provide all emergency medical care deemed

necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and

sharing of medical information with medical personnel. I further agree to assume all costs involved and agree

to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand

that I should carry my own health insurance.

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and

may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the

Activity unless I am medically able and properly trained, and I agree to abide by the decision of the Club

Recharge official or agent, regarding my approval to participate in the Activity.

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY

UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE CLUB

RECHARGE AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS,HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST CLUB RECHARGE FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for

such negligence on the part of Club Recharge, its agents, and employees.

I agree that this Release shall be governed for all purposes by Ohio law, without regard to any conflict of law

principles. This Release supersedes all previous oral or written promises or other agreements.

In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's

willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs

associated with any such actions of neglect or recklessness.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION

IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.

THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an

agreement between two parties of equal bargaining strength. Both Participant, _________________________

and Club Recharge agree that this agreement is clear and unambiguous as to its terms, and that no other

evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be

interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or

invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or

otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should

find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it

would become valid and enforceable, then said provision shall be deemed to be written, construed, and

enforced as so limited.

In the event of an emergency, please contact the following person(s) in the order presented:

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PARENT / GUARDIAN WAIVER FOR MINORS

In the event that the participant is under the age of consent (18 years of age), then this release must be signed

by a parent or guardian, as follows:

I HEREBY CERTIFY that I am the parent or guardian of ____________________________, named above, and do

hereby give my consent without reservation to the foregoing on behalf of this individual.

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