PHYSICAL ACTIVITY READINESS. The Studio reserves the right to decline access to anyone having medical conditions requiring any professional medical supervision. You, on behalf of yourself and any dependent(s), represent that: (a) you and your dependent(s) are voluntarily engaging in physical exercise, are in good physical condition and have no disabilities, diseases, illnesses or other conditions that could prevent you or your dependent(s) from exercising and using the Studio Facilities without injuring yourself/themselves or impairing your/their health; (b) you have consulted a licensed physician concerning an exercise program that will not expose you to risk of injury or impairment to your health; and (c) your physician has approved your contemplated activities at the Studio. If you or your dependent(s) have any special exercise requirements or limitations, you agree to disclose them to the Studio before using the Studio Facilities or when seeking help in establishing or carrying on an exercise program. You and your dependent(s) acknowledge that the Studio has not given you/them any medical advice and you/they are relying solely on the advice of your/their licensed physicians regarding the ability to use the Studio Facilities. You agree to consult with your physician prior to making any dietary changes or use of any food supplements.
ASSUMPTION OF RISK. You, on behalf of yourself, and any dependent(s) and guests, represent that you understand that engaging in physical exercise and the use of the Studio Facilities includes an inherent risk of minor or major life threatening injury to persons and property, and death. You understand that risk of injury to persons and property includes, but is not limited to, injuries arising from or relating to (a) the use by you, your dependent(s), guests or others of exercise equipment and machines, locker rooms, spa and other wet areas and other Studio Facilities; (b) participation by you, your dependent(s), guests or others in any supervised and unsupervised activities, programs, classes, events on or off the Studio premises, including any Studio sponsored activities and events; (c) any personal training, instruction, supervision or dietary recommendations by the Studio or its staff; (d) medical disorders that may occur from use of the Studio Facilities such as heart attack, stroke, death, heat stress, sprains, strains, broken bones, and torn muscles, tendons and ligaments among others; (e) accidents that may occur anywhere in or around the Studio (including lobbies, hallways, exercise areas, locker rooms, pool areas, dressing rooms, parking lots) or while participating in activities or events associated with or sponsored by the Studio or while traveling to or from the Studio; and (f) theft or loss of property while using the Studio Facilities. Accidental injuries include those caused by you or by other persons and those, for example, of a slip and fall nature. You, your dependent(s) and guests agree that use of the Studio Facilities, including participation in Studio sponsored outside activities and events are undertaken by you, your dependent(s) or guests at your sole risk. You, your dependent(s) and guests expressly agree to assume full responsibility for all bodily injury, death, property damage, and theft or loss of personal property (including personal property kept in lockers), that might result, no matter what causes such injury, damage or loss, including the active or passive negligence of the Studio, its employees, agents, or independent contractors.
WAIVER AND RELEASE OF LIABILITY. By your execution hereof, you, on behalf of yourself, your dependent(s), guests, legal representatives, successors and assigns, hereby (a) waive any claims or rights that you, any dependent or guest may have hereafter against the Studio and its owners, employees, officers, independent contractors and agents (collectively, the “releasees, and (b) release, discharge and hold the releasees absolutely harmless from any and all claims, demands, injuries (including death), damages, losses, liabilities, actions, suits, or causes of action to persons or property, present and future, arising from or related to your or any dependent’s or guest’s use of or participation in the Studio Facilities, whether caused by the negligence of the releasees, except as to such claims which may arise from the gross negligence or willful misconduct of the releasees. This waiver shall apply to your use of and participation in the premises, facilities, equipment, services, programs, activities and events of the Studio and any of the affiliated clubs (other than in NY and Massachusetts) to which you have access. You acknowledge that you have carefully this Waiver and Release of Liability and fully understand its terms. You are waiving any right that you, any dependent(s) or guests may have to bring legal action against the Studios for negligence or arising from or related to use or participation in the Studio Facilities. In the case of a dependent Member, the parent or legal guardian executing this Agreement acknowledges that he or she is also signing this Waiver and Release of Liability on behalf of the dependent and that the dependent will be bound by all of its terms.
SEVERABILITY. If any provision or any part of any provision of this Agreement is held unenforceable, such provision or portion thereof, shall be severed from this Agreement, and such unenforceability shall not affect the other provisions, or the other parts of such provisions, of this Agreement.
ENTIRE AGREEMENT AND MODIFICATION. This Agreement constitutes the entire agreement between you and the Studio relating to your membership. You acknowledge that no other agreement exists between you and the Studio relative to your membership and that no representations whether written or oral, other than those set forth in this Agreement, have been made to you to induce you to make this Agreement. This Agreement can be modified only in writing by the Studio and can be terminated only as set forth herein. You further agree this Agreement, including the Waiver and Release of Liability is intended to be as broad and inclusive as permitted under laws of the states in which the Studio operates, that it shall apply to any period of membership or any prior or subsequent membership period of yours or any dependent, and to any period during which you or any dependents use the Studio Facilities.
ARBITRATION OF DISPUTES. All claims or disputes between you and the Studio arising out of or relating to this Agreement, its interpretation, performance or breach, including without limitation the validity, scope and enforceability of this Agreement and all claims or disputes arising out of or relating to your use of the Studio Facilities shall be submitted for binding, final arbitration in accordance with the Commercial Dispute Resolution Procedures of the American Arbitration Association before a neutral arbitrator, and judgment upon the award may be entered in any court having jurisdiction thereof. The laws of the State of California, including its statute of limitations period applicable to commence a lawsuit, shall apply to this arbitration and to the commencement of arbitration hereunder, after written notice. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under applicable law. The parties agree the existence, issues involved and decision in any arbitration shall be confidential and not disclosed without the prior written consent of each party. Unless required by applicable law, any award by an arbitrator or judge shall be limited to your actual, out of pocket or compensatory damages.
COSTS AND ATTORNEYS & FEES. If any arbitration is brought relating to the enforcement or interpretation of this Agreement, the prevailing party shall recover all of such party’s costs incurred therein, in collection of any judgment, enforcement of any indemnity rights, and in all appeals or petitions therefrom, including, without limitation, court costs and reasonable attorneys’ fees. This section shall not be deemed to provide for the award of attorneys’ fees for personal injury or non-contractual claims.