FITNESS CLASS, TRAINING, AND RELEASE OF LIABILITY AGREEMENT
In consideration of being allowed to attend classes, events, personal training, instruction, or activities (collectively, “Programs”) or using the facilities or equipment at The Boombox Studio, owned and operated by Small Market, LLC, located at 2109 Market Street, San Francisco, California 94114 (“Studio”), I hereby, on behalf of myself, my heirs, personal representatives, and/or assigns:
1) agree to discharge Small Market LLC, its subsidiaries, respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers or service providers, and respective successors and assigns (collectively, “Small Market Parties”) from any and all responsibilities, liabilities and lawsuits, claims, present or future, and causes of action for ordinary negligence, whether foreseeable or unforeseeable, arising out of or related in any manner directly or indirectly to (i) my use of any Studio facilities or equipment; (ii) my participation in any Programs at the Studio; (iii) the sudden and unforeseen malfunctioning of any equipment at the Studio; and (iv) my slipping and/or falling while at the Studio, its adjacent sidewalks, or parking lot;
2) agree to expressly assume and accept sole responsibility for the risk of serious injury, including permanent disability or death, from my participation in the Programs or use of any Studio facilities or equipment;
3) agree to indemnify and hold Small Market and the Small Market Parties harmless from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Programs or my use of any Studio facilities or equipment;
4) agree that no warranties or representations have been made by the Studio regarding the results I will achieve from its Programs and understand that results are individual and may vary;
5) represent that I have no medical condition that would prevent me from attending the Programs or using any Studio facilities or equipment;
6) acknowledge that the Studio is not responsible for any lost or stolen items and understand that any personal property or valuables left anywhere in the Studio are at my own risk and is never under the care or watch of the Studio owners, employees, instructors, or contractors;
7) agree to comply with all rules imposed by Small Market relating to my presence in the Studio, my participation in any Program, and the use of any Studio facilities and equipment; and
8) agree to conduct myself in a reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
BY SIGING BELOW, I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS AGREEMENT AND I SIGN IT FREELY AND VOLUNTARILY WITH FULL UNDERSTANDING OF ITS CONTENT.