TERMS, CONDITIONS, AND RELEASE OF LIABILITY

EASTON FITNESS INC.

285 WASHINGTON STREET, NORTH EASTON, MA, 02356

WAIVER AND RELEASE OF LIABILITY

DISCLAIMER: EASTON FITNESS, INC. IS NOT RESPONSIBLE FOR ANY INJURY OR LOSS OF PROPERTY TO ANY PERSON SUFFERED WHILE PLAYING, PRACTICING OR ANY OTHER WAY INVOLVED IN RECREATIONAL ACTIVITIES FOR ANY REASON WHATSOEVER INCLUDING, BUT NOT LIMITED TO THE NEGLIGENCE ON THE PART OF MEDICINE BALL MANIA, INC. ITS AGENTS OR EMPLOYEES OR FOR ANY RISK THAT MAY RISE FROM NEGLIGENCE OR CARELESSNESS ON THE PART OF THE PERSONS OR ENTITIES BEING RELEASED, FROM DANGEROUS OR DEFECTIVE EQUIPMENT OR PROPERTY OWNED, MAINTAINED OR CONTROLLED BY THEM OR BECAUSE OF THEIR POSSIBLE LIABILITY WITHOUT FAULT.

I hereby certify that I am physically fit, have sufficiently prepared or trained for participation in this activity and have not been advised to not participate by a qualified medical professional.  I certify that there are no health-related reasons or problems which preclude my participation in the activity.  I am aware that recreational activities involve severe cardiovascular stress and violent contact.  I understand that recreational activities involve certain risks including, but not limited to, death, serious neck or spinal injuries resulting in complete or partial paralysis, brain damage and serious injury to virtually all bones, joints, muscles and internal organs and that equipment provided for my protection may be inadequate to prevent serious injury.  I am voluntarily participating in this activity with knowledge of the risk and danger involved and hereby agree to accept any and all inherent risks or property damage, personal injury or death.

I, ON BEHALF OF MYSELF, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, HEREBY FOREVER WAIVE, RELSEASE AND DISCHARGE AND FURTHER AGREE TO INDEMNITY AND HOLD HARMLESS THE SAID EASTON FITNESS, INC. FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO MY ENGAGING IN OR RECEIVING INSTRUCTION IN RECREATIONAL ACTIVITIES OR ANY ACTIVITIES INCIDENTAL THERETO AT THE EASTON FITNESS, INC. INCLUBEING, BUT NOT LIMITED TO, TO CLAIMS FOR ANY AND ALL INJURIES, DISABILITY, DEATH, LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER ARISING FROM THE RELSEASES OR OTHERWISE, TO THE FULLEST EXTENTS PERMITTED BY LAW INCLUDING ATTORNEY’S FEES ON APPEAL.

I affirm that I am of legal age and am freely singing this agreement.  I have read this form and fully understand that by signing this form I am agreeing to abide by all Easton Fitness, Inc.’s rules and guidelines regarding the use of the recreational facilities.  I further understand that by signing this form, I am giving up legal rights and/or remedies, which may be available to me against Easton Fitness Inc., its officers, shareholders, directors, agents, employers, employees and/or assignees.

PHOTOGRAPH/MEDIA CONSENT AND RELEASE

 

I hereby consent and authorize an employee or agent of Easton Fitness, Inc. to take photographs or motion pictures of me; or to produce videotapes, audiotapes, closed circuit television programs, web casts, or other types of media productions that capture my name, voice, and/or image (any of the foregoing types of media are called the “Materials” in this Consent and Release form).

 

I authorize Easton Fitness, Inc. to copyright the Materials, and I authorize Easton Fitness, Inc. to use, reuse, copy, publish, display, exhibit, reproduce, license to third party, and distribute the Materials in any educational or promotional materials or other forms of media, which may include, but are not limited to catalogs, articles, magazines, recruiting brochures, websites or publications, electronic or otherwise, without notifying me.

 

I agree that I am participating on a voluntary basis and I will not receive any payment from Easton Fitness, Inc. for signing this release or as a result of any publication of the Materials.

 

I represent that I am at least 18 years of age, or if not, that I have secured the signature of my parent or legal guardian.

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