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: